Volume Restriction. (a) Lender agrees that, with respect to the Conversion Shares, in any given calendar week its Net Sales (as defined below) of such Conversion Shares shall not exceed the greater of (i) fifteen percent (15%) of Debtor’s weekly dollar trading volume in such week (which, for purposes hereof, means the number of shares traded during such calendar week multiplied by the volume weighted average price per share (as reported by Bloomberg L.P.) for such calendar week), and (ii) $75,000 (the “Volume Restriction”). For purposes of this Amendment, the term “
Volume Restriction. From and after the expiration of the Lock-Up Period, the LP Unit Recipients may sell Stock only in compliance with the applicable resale limitations of Rule 144 under the Securities Act. The provisions of this Section 3.6 shall survive the Closing and shall not merge into any of the conveyancing documents delivered at Closing.
Volume Restriction. The investor shall not on any Trading Day sell shares of the Common Stock in excess of 15% of the daily volume of the Common Stock on the prior Trading Day.
Volume Restriction. The Investor shall not sell Conversion Shares on any Trading Day in an amount, in the aggregate, exceeding (x) if no Market Liquidity Event has occurred on such Trading Day, 10% or (y) if a Market Liquidity Event has occurred on such Trading Day, 50%, in each case, of the composite aggregate dollar trading volume of the Common Stock as reported on Bloomberg, L.P. for such Trading Day.
Volume Restriction. So long as the Investor or its affiliates hold any Securities, the Investor shall not sell Conversion Shares in an amount exceeding the greater of (i) $125,000 worth of Common Stock, in the aggregate, in any five (5) Trading Day period and (ii) on any single Trading Day, 15% of the composite aggregate dollar trading volume of the Common Stock as reported on Bloomberg, L.P. for such Trading Day; provided, however, that if on any single Trading Day, the composite aggregate dollar trading volume of the Common Stock as reported on Bloomberg, L.P. for such Trading Day is greater than $150,000, the Investor may sell Conversion Shares up to an amount not exceeding 50% of the composite aggregate dollar trading volume of the Common Stock as reported on Bloomberg, L.P. for such Trading Day. If the average Closing Sale Price (as defined in the Note) for any five (5) Trading Day period is below $0.20 (as adjusted for any stock splits, stock dividends, stock combinations, recapitalizations or other similar transactions after the date hereof) on any Trading Day, all of the volume restrictions set forth in this Section 4.13 shall cease to apply for so long as the Investor or its affiliates hold any Securities.
Volume Restriction. From and after the expiration of the Lock-Up Period, the aggregate amount of common stock of the REIT that the LP Unit Recipient may sell (i) during any 10-trading day period shall not exceed 30 percent (30%) of the average of the daily trading volume of such stock (as reported in The Wall Street Journal) for the thirty (30) trading days immediately preceding the date on which the first sale of such stock during any such 10-day period occurs, and (ii) during any calendar year shall not exceed one-third of the Conversion Shares issuable upon redemption of the aggregate amount of Common Units issued (including those issued in connection with any conversion of Preferred Units) to such LP Unit Recipient at the Closing.
Volume Restriction. GHS will be prohibited from converting more than Fourteen Thousand Dollars ($14,000) of principal, accrued but unpaid interest and other amounts owed under the Exchange Note per week, and selling in excess of $2,800 of amounts of the Exchange Note converted into shares of Common Stock (as defined in the Exchange Note) upon conversion of the Exchange Note.
Volume Restriction. Subject to the Lock-Up Period, the LP Unit Recipients agree that, collectively, they shall not (i) during the first calendar year after the Closing Date, effect a Transfer or series of Transfers involving an aggregate number of Conversion Shares that exceeds one-third (1/3) of the number of shares of Stock for which the Lazaxxx Xxxxxx Xxxts outstanding immediately following the Closing could be redeemed; (ii) during the second calendar year after the Closing Date, effect a Transfer or series of Transfers involving an aggregate number of Conversion Shares that exceeds two-thirds (2/3) of the number of shares of Stock for which the Lazaxxx Xxxxxx Xxxts outstanding immediately following the Closing could be redeemed; and (iii) during any 10-trading day period, effect a Transfer or series of Transfers involving an aggregate number of Conversion Shares that exceeds 30% of the average daily trading volume of the Stock during the 30 trading days prior to the first day of any such 10-trading day period. The volume restrictions set forth in this Subparagraph 2(g) shall be inapplicable to any Conversion Shares sold in (A) an underwritten offering or (B) those transactions described in Schedule 2(g) attached hereto. The provisions of this Subparagraph 2(g) shall survive the Closing and shall not be merged into any of the conveyancing documents delivered at Closing.
Volume Restriction. Unless otherwise mutually agreed by the Company and Holder, Holder shall not sell Conversion Shares of the Company issued to Holder in conjunction herewith in an amount, in the aggregate, exceeding 20% of the composite aggregate dollar trading volume of the Common Stock of the Company as reported on Bloomberg, L.P. on any Trading Day; provided, however, that during the Subsequent Pricing Period, the Holder shall not sell Conversion Shares in an amount, in the aggregate, exceeding 5% of the composite aggregate dollar trading volume of the Common Stock of the Company as reported on Bloomberg, L.P. on any Trading Day, which restriction shall terminate at the end of the Subsequent Pricing Period. Notwithstanding the foregoing, if the Common Stock closes below $1.25 or above $3.25 or an Event of Default occurs and is continuing, the foregoing restrictions (the “Restrictions”) shall be removed. If the Common Stock subsequently closes between $1.25 and $3.25 or the Company cures any Event of Default, the Restrictions shall be reinstated.
Volume Restriction. During any Trading Day that the VWAP for the Common Stock is below $0.10, the Holder shall use commercially reasonable efforts to sell no more than such number of Shares as is equal to 10% of the trading volume for the Common Stock on such Trading Day.
