Examples of Drawdown Notice Date in a sentence
There shall be a minimum of five (5) Trading Days between each Drawdown Notice Date.
The Registration Statement must have been declared effective by the SEC prior to the first Drawdown Notice Date.
Such Drawdown Notice Dilution Shares shall be issued at the Investor’s option either: (i) at the next subsequent Drawdown Notice Date pursuant to a Drawdown Notice delivered by the Company, or (ii) in the event that more than ten (10) Business Days have passed since the last Drawdown Notice Date or the relevant Dilutive Issuance, within three (3) Business Days following delivery to the Company by Investor of Investor’s invoice requesting issuance of the relevant Drawdown Notice Dilution Shares.
On a Drawdown Notice Date, the Company shall deliver to the Investor’s brokerage account an estimated number of shares of Common Stock, rounded down to the nearest whole share, equal to the Advance Request indicated in the applicable Drawdown Notice divided by the Bid Price on the Trading Day immediately preceding the Drawdown Notice Date, multiplied by two hundred percent (200%) (the “Estimated Advance Shares”).
Unless the parties agree in writing otherwise, there shall be a minimum of five (5) Trading Days between a Closing Date and a subsequent Drawdown Notice Date.
For purposes of the foregoing provision, the number of shares available under a Registration Statement shall be deemed “insufficient to cover all of the Registrable Securities” if at any time the number of Registrable Securities issuable on a Drawdown Notice Date and an Advance Shares True-Up Date is greater than the number of shares available for resale under such Registration Statement.
This may ultimately delay any applicable Drawdown Notice Date, Clearing Date, Advance Share True-Up Date, and Closing Date related to a Drawdown Notice.
Upon effectiveness of the Registration Statement the Company shall deliver instructions to its transfer agent to issue shares of Common Stock to the Investor free of restrictive legends for any Advance Shares on each Drawdown Notice Date and each Advance Shares True-Up Date subject to the terms, conditions, and limitations of this Agreement.
Each Drawdown Notice shall include a representation by the Company as to the number of shares of Common Stock outstanding as of the last day of the calendar month immediately preceding the related Drawdown Notice Date.
The Company and the Lender each make the representations as set out in this Section 10.1 and Section 10.2, respectively, to the Lender and the Company, respectively, on and as of the Effective Date, any Drawdown Notice Date, any Conversion Closing Date and as of any Interest Payment Date.