Minimum Acceptable Price. (i) With respect to each Advance Notice (A) the amount of the Advance set forth in such Advance Notice shall automatically be reduced by 20% for each Trading Day during the Pricing Period that the VWAP of the Ordinary Shares are below the MAP in effect on such Trading Day (each such day, an “Excluded Day”), and (B) each Excluded Day shall be excluded from the Pricing Period for purposes of determining the Market Price. (ii) The number of Shares to be issued and delivered to the Investor at each Closing (in accordance with Section 2.02 of this Agreement) with respect to an Advance Notice with an Excluded Day shall be determined based on the Advance Notice amount as reduced pursuant to Section 2.01(c)(i)(A) above (the “Adjusted Advance Notice”), provided however, that the Adjusted Advance Notice shall be automatically increased by an amount equal to the number of Shares sold by the Investor on such Excluded Day (in a total amount for each Excluded Day not to exceed 20% of the amount of the Advance set forth in such Advance Notice) at a price per share equal to the MAP in effect on such Excluded Day (without any further discount).
Appears in 3 contracts
Sources: Standby Equity Distribution Agreement (Bos Better Online Solutions LTD), Standby Equity Distribution Agreement (Bos Better Online Solutions LTD), Standby Equity Distribution Agreement (Bos Better Online Solutions LTD)
Minimum Acceptable Price. (i) With respect to each Advance Notice (A) the amount of the Advance set forth in such Advance Notice shall automatically be reduced by 20% for each Trading Day during the Pricing Period that the VWAP of the Ordinary Shares are Common Stock is below the MAP in effect on such Trading Day (each such day, an “Excluded Day”), and (B) each Excluded Day shall be excluded from the Pricing Period for purposes of determining the Market Price.
(ii) The number of Shares to be issued and delivered to the Investor at each Closing (in accordance with Section 2.02 of this Agreement) with respect to an Advance Notice with an Excluded Day a MAP shall be determined based on the Advance Notice amount as reduced pursuant to Section 2.01(c)(i)(A2.01(b)(i)(A) above (the “Adjusted Advance Notice”)above, provided however, that the Adjusted Advance Notice shall be automatically increased by an amount equal with respect to the number of Shares sold by each Excluded Day the Investor on such Excluded Day shall purchase and the Company shall sell Shares (in a total amount for each Excluded Day not to exceed 20% of the amount of the Advance set forth in such Advance Notice) in an amount equal to the number of Shares sold by the Investor on such Excluded Day at a price per share equal to the MAP in effect on such Excluded Day (without any further discount).
Appears in 3 contracts
Sources: Standby Equity Distribution Agreement (American Power Corp.), Standby Equity Distribution Agreement (Freeseas Inc.), Standby Equity Distribution Agreement (American Power Corp.)
Minimum Acceptable Price. (i) With respect to each Advance Notice (A) the amount of the Advance set forth in such Advance Notice shall automatically be reduced by 20% for each Trading Day during the Pricing Period that the VWAP of the Ordinary Shares are below the MAP in effect on such Trading Day (each such day, an “Excluded Day”), and (B) each Excluded Day shall be excluded from the Pricing Period for purposes of determining the Market Price.
(ii) The number of Shares to be issued and delivered to the Investor at each Closing (in accordance with Section 2.02 of this Agreement) with respect to an Advance Notice with an Excluded Day shall be determined based on the Advance Notice amount as reduced pursuant to Section 2.01(c)(i)(A) above (the “Adjusted Advance Notice”), provided however, that the Adjusted Advance Notice shall be automatically increased by an amount equal to the number of Shares sold by the Investor on such Excluded Day (in a total amount for each Excluded Day not to exceed 20% of the amount of the Advance set forth in such Advance Notice) at multiplied by a price per share equal to the MAP in effect on such Excluded Day (without any further discount).
Appears in 2 contracts
Sources: Standby Equity Distribution Agreement (Bos Better Online Solutions LTD), Standby Equity Distribution Agreement (Bos Better Online Solutions LTD)
Minimum Acceptable Price. (i) With respect to each Advance Notice (A) the amount of the Advance set forth in such Advance Notice shall automatically be reduced by 20% for each Trading Day during the Pricing Period that for which the VWAP of the Ordinary Shares are Common Stock is below the MAP in effect on with respect to such Trading Day Advance Notice (each such day, an “Excluded Day”), and (B) for the avoidance of doubt, each Excluded Day shall be excluded from the Pricing Period for purposes of determining the Market Price.
(ii) The number of Shares to be issued and delivered to the Investor at each Closing (in accordance with Section 2.02 of this Agreement) with respect to an Advance Notice with an Excluded Day shall be determined based on the Advance Notice amount as reduced pursuant to Section 2.01(c)(i)(A2.01(d)(i) above (the “Adjusted Advance Notice”), ; provided however, that the Adjusted Advance Notice shall be automatically increased by an amount equal to the number of Shares sold by the Investor on such Excluded Day (in a total amount for each Excluded Day not to exceed 20% of the amount of the Advance set forth in such the original Advance Notice) at a price per share equal to the MAP in effect on with respect to such Excluded Day Advance Notice (without any further discount).
Appears in 2 contracts
Sources: Standby Equity Distribution Agreement (China Recycling Energy Corp), Standby Equity Distribution Agreement (China Recycling Energy Corp)
Minimum Acceptable Price. (i) With respect to each Advance Notice (A) the amount of the Advance set forth in such Advance Notice shall automatically be reduced by 20% for each Trading Day during the Pricing Period that for which the VWAP of the Ordinary Shares are is below the MAP in effect on with respect to such Trading Day Advance Notice (each such day, an “Excluded Day”), and (B) for the avoidance of doubt, each Excluded Day shall be excluded from the Pricing Period for purposes of determining the Market Price.
(ii) The number of Shares to be issued and delivered to the Investor at each Closing (in accordance with Section 2.02 of this Agreement) with respect to an Advance Notice with an Excluded Day shall be determined based on the Advance Notice amount as reduced pursuant to Section 2.01(c)(i)(A2.01(d)(i)(A) above (the “Adjusted Advance NoticeAmount”); provided, provided however, that the Adjusted Advance Notice Amount shall be automatically increased by an amount equal to the number of Shares sold by the Investor on such Excluded Day (in a total amount for each Excluded Day not to exceed 20% of the amount of the Advance set forth in such the original Advance Notice) at a price per share equal to the MAP in effect on with respect to such Excluded Day Advance Notice (without any further discount).
Appears in 1 contract
Sources: Standby Equity Distribution Agreement (PV Nano Cell, Ltd.)
Minimum Acceptable Price. (i) With respect to each Advance Notice (A) the amount of the Advance set forth in such Advance Notice shall automatically be reduced by 2033.33% for each Trading Day during the Pricing Period that the VWAP of the Ordinary Shares are is below the MAP in effect on with respect to such Trading Day Advance Notice, or for which there is no VWAP (each such day, an “Excluded Day”), and (B) each Excluded Day shall be excluded from the Pricing Period for purposes of determining the Market Price.
(ii) The number of Shares to be issued and delivered to the Investor at each Closing (in accordance with Section 2.02 of this Agreement) with respect to an Advance Notice with an Excluded Day shall be determined based on the Advance Notice amount as reduced pursuant to Section 2.01(c)(i)(A2.01(d)(i)(A) above (the “Adjusted Advance Notice”), provided however, that the Adjusted Advance Notice shall be automatically increased by an amount equal to the number of Shares sold by the Investor on such Excluded Day (in a total amount for each Excluded Day not to exceed 2033.33% of the amount of the Advance set forth in such Advance Notice) at multiplied by a price per share equal to the MAP in effect on such Excluded Day (without any further discount).
Appears in 1 contract
Sources: Standby Equity Distribution Agreement (Bos Better Online Solutions LTD)
Minimum Acceptable Price. (i) With respect to each Advance Notice (A) the amount of the Advance set forth in such Advance Notice shall automatically be reduced by 20% for each Trading Day during the Pricing Period that the VWAP of the Ordinary Shares are Common Stock is below the MAP in effect on such Trading Day (each such day, an “Excluded Day”), and (B) each Excluded Day shall be excluded from the Pricing Period for purposes of determining the Market Price.
(ii) The number of Shares to be issued and delivered to the Investor at each Closing (in accordance with Section 2.02 2.2 of this Agreement) with respect to an Advance Notice with an Excluded Day a MAP shall be determined based on the Advance Notice amount as reduced pursuant to Section 2.01(c)(i)(A2.1(b)(i)(A) above (the “Adjusted Advance Notice”)above, provided however, that the Adjusted Advance Notice shall be automatically increased by an amount equal with respect to the number of Shares sold by each Excluded Day the Investor on such Excluded Day shall purchase and the Company shall sell Shares (in a total amount for each Excluded Day not to exceed 20% of the amount of the Advance set forth in such Advance Notice) in an amount equal to the number of Shares sold by the Investor on such Excluded Day at a price per share equal to the MAP in effect on such Excluded Day (without any further discount).
Appears in 1 contract
Minimum Acceptable Price. (i) With respect to each Advance Notice (A) the amount of the Advance set forth in such Advance Notice shall automatically be reduced by 20% for each Trading Day during the Pricing Period that for which the VWAP of the Ordinary Common Shares are is below the MAP in effect on with respect to such Trading Day Advance Notice (each such day, an “Excluded Day”), and (B) for the avoidance of doubt, each Excluded Day shall be excluded from the Pricing Period for purposes of determining the Market Price.
(ii) The number of Shares to be issued and delivered to the Investor at each Closing (in accordance with Section 2.02 of this Agreement) with respect to an Advance Notice with an Excluded Day shall be determined based on the Advance Notice amount as reduced pursuant to Section 2.01(c)(i)(A2.01(d)(i)(A) above (the “Adjusted Advance NoticeAmount”); provided, provided however, that the Adjusted Advance Notice Amount shall be automatically increased by an amount equal to the number of Shares sold by the Investor on such Excluded Day (in a total amount for each Excluded Day not to exceed 20% of the amount of the Advance set forth in such the original Advance Notice) at a price per share equal to the MAP in effect on with respect to such Excluded Day Advance Notice (without any further discount).
Appears in 1 contract
Sources: Standby Equity Distribution Agreement (Oxygen Therapy, Inc.)