Common use of Minimum Acceptable Price Clause in Contracts

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.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Bos Better Online Solutions LTD), Equity Distribution Agreement (Bos Better Online Solutions LTD), Equity Distribution Agreement (Bos Better Online Solutions LTD)

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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.

Appears in 4 contracts

Samples: Investment Agreement (Pitooey!, Inc.), Equity Distribution Agreement (Freeseas Inc.), Equity Distribution Agreement (American Power Corp.)

Minimum Acceptable Price. (i) With respect to each Advance Notice Notice, each Trading Day during a Pricing Period for which (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 Minimum Acceptable Price in effect on with respect to such Trading Day Advance Notice, or (B) there is no VWAP (each such day, an “Excluded Day”), shall result in an automatic reduction to the amount of the Advance set forth in such Advance Notice by 20% (the resulting amount of each Advance being the “Adjusted Advance Amount”), and (B) each Excluded Day shall be excluded from the Pricing Period for purposes of determining the Market Price.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Leafbuyer Technologies, Inc.), Equity Distribution Agreement (Ideanomics, Inc.), Equity Distribution Agreement (Micronet Enertec Technologies, Inc.)

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.

Appears in 2 contracts

Samples: Equity Distribution Agreement (GlassesOff Inc.), 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.

Appears in 1 contract

Samples: Equity Distribution Agreement (PV Nano Cell, Ltd.)

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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, or for which there is no VWAP (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.

Appears in 1 contract

Samples: Equity Distribution Agreement (EZTD Inc)

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.

Appears in 1 contract

Samples: 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 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.

Appears in 1 contract

Samples: Equity Distribution Agreement (Oxygen Therapy, Inc.)

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