Common use of Outstanding Share Amount Clause in Contracts

Outstanding Share Amount. Each Put Notice shall include a representation of the Company as to the Section 13(d) Outstanding Share Amount on the related Put Date. In the event that the Section 13(d) Outstanding Share Amount is different on any date during a Pricing Period than on the Put Date associated with such Pricing Period, then the number of shares of Common Stock outstanding on such date during such Pricing Period shall govern for purposes of determining whether the Investor, when aggregating all purchases of Shares made pursuant to this Agreement in the 31 calendar days preceding such date, would have acquired more than 9.99% of the Section 13(d)

Appears in 29 contracts

Samples: Investment Agreement (Delta Petroleum Corp/Co), Investment Agreement (New Millennium Media International Inc), Investment Agreement (Meditech Pharmaceuticals Inc)

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Outstanding Share Amount. Each Put Notice shall include a representation of the Company as to the Section 13(d) Outstanding Share Amount on the related Put Date. In the event that the Section 13(d) Outstanding Share Amount is different on any date during a Pricing Period than on the Put Date associated with such Pricing Period, then the number of shares of Common Stock outstanding on such date during such Pricing Period shall govern for purposes of determining whether the Investor, when aggregating all purchases of Shares made pursuant to this Agreement in the 31 61 calendar days preceding such date, would have acquired more than 9.999.9% of the Section 13(d)

Appears in 15 contracts

Samples: Investment Agreement (Patriot Scientific Corp), Investment Agreement (E Trend Networks Inc /De), Investment Agreement (Timebeat Com Enterprises Inc /)

Outstanding Share Amount. Each Put Notice shall include a representation of the Company as to the Section 13(d) Outstanding Share Amount on the related Put Date. In the event that the Section 13(d) Outstanding Share Amount is different on any date during a Pricing Period than on the Put Date associated with such Pricing Period, then the number of shares of Common Stock outstanding on such date during such Pricing Period shall govern for purposes of determining whether the Investor, when aggregating all purchases of Shares made pursuant to this Agreement in the 31 calendar days preceding such date, would have acquired more than 9.99% of the Section 13(d)) Outstanding Share Amount. The limitation set forth in this Section 2.3.1(f) is referred to as the "9.9% Limitation."

Appears in 2 contracts

Samples: Investment Agreement (Itronics Inc), Investment Agreement (Itronics Inc)

Outstanding Share Amount. Each Put Notice shall include a representation of the Company as to the Section 13(d) Outstanding Share Amount on the related Put Date. In the event that the Section 13(d) Outstanding Share Amount is different on any date during a Pricing Period than on the Put Date associated with such Pricing Period, then the number of shares of Common Stock outstanding on such date during such Pricing Period shall govern for purposes of determining whether the Investor, when aggregating all purchases of Shares made pursuant to this Agreement in the 31 calendar days preceding such dateAggregating Period, would have acquired more than 9.99% of the Section 13(d)

Appears in 2 contracts

Samples: Investment Agreement (Prime Companies Inc), Investment Agreement (Prime Companies Inc)

Outstanding Share Amount. Each Put Notice shall include a representation of the Company as to the Section 13(d) Outstanding Share Amount on the related Put Date. In the event that the Section 13(d) Outstanding Share Amount is different on any date during a Pricing Period than on the Put Date associated with such Pricing Period, then the number of shares of Common Stock outstanding on such date during such Pricing Period shall govern for purposes of determining whether the Investor, when aggregating all purchases of Shares made pursuant to this Agreement in the 31 calendar days preceding such date, would have acquired more than 9.99% of the Section 13(d)this

Appears in 2 contracts

Samples: Investment Agreement (Technical Chemicals & Products Inc), Investment Agreement (Technical Chemicals & Products Inc)

Outstanding Share Amount. Each Put Notice shall include a representation of the Company as to the Section 13(d) Outstanding Share Amount on the related Put Date. In the event that the Section 13(d) Outstanding Share Amount is different on any date during a Pricing Period than on the Put Date associated with such Pricing Period, then the number of shares of Common Stock outstanding on such date during such Pricing Period shall govern for purposes of determining whether the Investor, when aggregating all purchases of Shares made pursuant to this Agreement in the 31 61 calendar days preceding such date, would have acquired more than 9.999.9% of the Section 13(d)) ---- Outstanding Share Amount. The limitation set forth in this Section 2.3.1(f) is referred to as the "9.9% Limitation." ----

Appears in 2 contracts

Samples: Investment Agreement (E Rex Inc), Investment Agreement (E Rex Inc)

Outstanding Share Amount. Each Put Notice shall include a representation of the Company as to the Section 13(d) Outstanding Share Amount on the related Put Date. In the event that the Section 13(d) Outstanding Share Amount is different on any date during a Pricing Period than on the Put Date associated with such Pricing Period, then the number of shares of Common Stock outstanding on such date during such Pricing Period shall govern for purposes of determining whether the Investor, when aggregating all purchases of Shares made pursuant to this Agreement in the 31 61 calendar days preceding such date, would have acquired more than 9.999.9% of the Section 13(d)) Outstanding Share Amount. The limitation set forth in this Section 2.3.1(f) is referred to as the "9.9% Limitation."

Appears in 2 contracts

Samples: Investment Agreement (Tri Valley Corp), Investment Agreement (Tri Valley Corp)

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Outstanding Share Amount. Each Put Notice shall include a representation of the Company as to the Section 13(d) Outstanding Share Amount on the related Put Date. In the event that the Section 13(d) Outstanding Share Amount is different on any date during a Pricing Period than on the Put Date associated with such Pricing Period, then the number of shares of Common Stock outstanding on such date during such Pricing Period shall govern for purposes of determining whether the Investor, when aggregating all purchases number of Shares made pursuant to this Agreement in shares beneficially owned by the 31 calendar days preceding such dateInvestor following the issuance of the subject Put Shares, would have acquired more than 9.99constitute in excess of 9.9% of the Section 13(d)

Appears in 1 contract

Samples: Investment Agreement (Vendum Batteries Inc.)

Outstanding Share Amount. Each Put Notice shall include a representation of the Company as to the Section 13(d) Outstanding Share Amount on the related Put Date. In the event that the Section 13(d) Outstanding Share Amount is different on any date during a Pricing Period than on the Put Date associated with such Pricing Period, then the number of shares of Common Stock outstanding on such date during such Pricing Period shall govern for purposes of determining whether the Investor, when aggregating all purchases of Shares made pursuant to this Agreement in the 31 calendar days preceding such date, would have acquired more than 9.99% of the Section 13(d)of

Appears in 1 contract

Samples: Investment Agreement (E Rex Inc)

Outstanding Share Amount. Each Put Notice shall include a representation of the Company as to the Section 13(d) Outstanding Share Amount on the related Put Date. In the event that the Section 13(d) Outstanding Share Amount is different on any date during a Pricing Period than on the Put Date associated with such Pricing Period, then the number of shares of Common Stock outstanding on such date during such Pricing Period shall govern for purposes of determining whether the Investor, when aggregating all purchases of Shares made pursuant to this Agreement in the 31 calendar days preceding such date, would have acquired more than 9.99% of the Section 13(d)purchases

Appears in 1 contract

Samples: Investment Agreement (Patriot Scientific Corp)

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