Pre-Closing Share Credit. Within two (2) business days after the Advance Notice Date, the Company shall cause its transfer agent to issue shares of Common Stock in an amount equal to the amount of the requested Advance divided by the closing Bid Price of the Company's Common Stock as of the Advance Notice Date multiplied by one point one (1.1). Any adjustments to the number of shares to be delivered to the Investor at the Closing as a result of fluctuations in the closing Bid Price of the Company's Common Stock shall be made as of the date of the Closing. Any excess shares shall be credited to the next Advance. In no event shall the number of shares issuable to the Investor pursuant to an Advance cause the Investor to own in excess of nine and 9/10 percent (9.9%) of the then outstanding Common Stock of the Company.
Appears in 2 contracts
Samples: Credit Agreement (Ivoice Com Inc /De), Credit Agreement (Ivoice Com Inc /De)
Pre-Closing Share Credit. Within two three (23) business days after the Advance Notice Date, the Company shall cause its transfer agent to issue shares deliver share certificates of the Company's Common Stock to the Investor in an amount equal to the amount of the requested Advance divided by the closing Bid Price of the Company's Common Stock as of the Advance Notice Date multiplied by one point one (1.1). Any adjustments to the number of shares to be delivered to the Investor at the Closing as a result of fluctuations in the closing Bid Price of the Company's Common Stock shall be made as of the date of the Closing. Any excess shares shall be credited to the next Advance. In no event shall the number of shares issuable to the Investor pursuant to an Advance cause the Investor to own in excess of nine and 9/10 nine tenths percent (9.9%) of the then outstanding Common Stock of the Company.
Appears in 2 contracts
Samples: Equity Line of Credit Agreement (Smartire Systems Inc), Equity Line of Credit Agreement (Smartire Systems Inc)