Participation Maximum definition
Participation Maximum shall have the meaning ascribed to such term in Section 4.12(a).
Participation Maximum shall have the meaning ascribed to such term in Section 4.11(a). “Per Share Purchase Price” equals $0.50, subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
Participation Maximum shall have the meaning set forth in Section 7.23(a).
Examples of Participation Maximum in a sentence
If the lender or lenders of the Debt Subsequent Placement refuses to permit any Buyer to participate in such Debt Subsequent Placement, then the Buyer’s Participation Maximum for such Debt Subsequent Placement shall automatically increase to 100%.
More Definitions of Participation Maximum
Participation Maximum shall have the meaning set forth in Section 4.18.
Participation Maximum means an amount equal to 50% of the Subsequent Financing and "Pro Rata Portion" means the ratio of (x) the Subscription Amount of Securities purchased on the Closing Date by a Purchaser participating under this Section 4.11 and (y) the sum of the aggregate Subscription Amounts of Securities purchased on the Closing Date by all Purchasers participating under this Section 4.11.
Participation Maximum on the same terms, conditions and price provided for in the Subsequent Financing. For purposes herein, “Pro Rata Portion” means the ratio, expressed as a percentage, of the number of Ordinary Shares, including Underlying Shares (including for such purposes unconverted Conversion Shares on a fully diluted basis and Additional Shares on a pro-forma basis), held by the Purchaser to the number of issued and outstanding Ordinary Shares of the Company on the date of determination on a fully diluted basis. At least five (5) Trading Days prior to the closing of the Subsequent Financing, the Company shall deliver to each Purchaser a written notice of its intention to effect a Subsequent Financing (“Pre-Notice”), which Pre-Notice shall ask such Purchaser if it wants to review the details of such financing (such additional notice, a “Subsequent Financing Notice”). Upon the request of a Purchaser, and only upon a request by such Purchaser, for a Subsequent Financing Notice, the Company shall promptly, but no later than one (1) Trading Day after such request, deliver a Subsequent Financing Notice to such Purchaser. The Subsequent Financing Notice shall describe in reasonable detail the proposed terms of such Subsequent Financing, the amount of proceeds intended to be raised thereunder and the Person or Persons through or with whom such Subsequent Financing is proposed to be effected and shall include a term sheet or similar document relating thereto as an attachment.
Participation Maximum means (a) so long as the Notes remain outstanding, 100% and (b) if the Notes are no longer outstanding, 40%.
Participation Maximum means (i) 35%, with respect to any Qualified Subsequent Financing intended as a “public offering” under the rules of Nasdaq, and (ii) 50%, with respect to all other Qualified Subsequent Financings, in each case unless the rules of Nasdaq would otherwise prohibit the right granted pursuant to this Section 3 in connection with any right of repayment granted to the Investor under the Side Letter.
Participation Maximum has the meaning set forth in Section 6.1(a).
Participation Maximum means 35% and “Pro Rata Portion” means the ratio of (x) the Subscription Amount of Notes purchased on the Closing Dates by a Buyer participating under this Section 4.10 and (y) the sum of the aggregate Subscription Amount of Notes purchased on the Closing Dates by all Buyers participating under this Section 4.10. (ii) From the date hereof through the later of (x) the date that is twelve (12) months after the Maturity Date (as defined in the Initial Notes) of the Initial Notes and (y) if there is an Additional Closing, the date that is twelve (12) months after the Maturity Date (as defined in the Additional Notes) of the Additional Notes, upon (x) any issuance by the Company or any of its Subsidiaries of any privately place Indebtedness or equity-linked Indebtedness with a Cost of Capital greater than 15% or (y) the incurrence by the Company or its Subsidiaries of Indebtedness that constitutes a Variable Rate Transaction, in any case, for cash consideration, indebtedness or a combination of units thereof (a “Debt Subsequent Placement” and together with an Equity Subsequent Placement, a “Subsequent Placement”), the Company shall use its best efforts to allow the Buyers the ability to purchase their respective Pro Rata Portion of the Participation Maximum, on the same terms, conditions and price provided for in the Debt Subsequent Placement. If the lender or lenders of the Debt Subsequent Placement refuses to permit any Buyer to participate in such Debt Subsequent Placement, then the Buyer’s Participation Maximum for such Debt Subsequent Placement shall automatically increase to 100%.