Regular Draw definition
Examples of Regular Draw in a sentence
Anything to the contrary in this Agreement notwithstanding, the parties hereto acknowledge and agree that the Investor shall not be required to purchase, and shall not purchase, more than (i) the Maximum Fixed Draw Down Amount Requested pursuant to any single Fixed Draw Down Notice and (ii) the Maximum Regular Draw Down Amount Requested pursuant to any single Regular Draw Down Notice.
If trading in the Common Stock on the Trading Market is suspended for any reason for more than three hours on any Trading Day during the applicable Pricing Period for a Draw Down for which a Regular Draw Down Notice was delivered, then for each such Trading Day during the Pricing Period the Draw Down Amount Requested shall be reduced as provided in the immediately preceding sentence, and no Shares shall be purchased or sold with respect to such Trading Day.
At least 15 Trading Days shall elapse between the completion of the settlement, in accordance with Section 3.5(a) and (c) below, of a Draw Down with respect to which a Fixed Draw Down Notice was delivered and the delivery of any Fixed Draw Down Notice or Regular Draw Down Notice for any other Draw Down during the Investment Period.
The Regular Draw Down Notice shall specify the Draw Down Amount Requested (which shall not exceed the Maximum Regular Draw Down Amount Requested), the applicable Floor Price for such Draw Down and the first and last Trading Day of the Pricing Period.
With respect to a Draw Down for which a Regular Draw Down Notice was delivered, if the VWAP on any Trading Day during the applicable Pricing Period is lower than the applicable Floor Price, then for each such Trading Day, the Draw Down Amount Requested shall be reduced by a number of shares of Common Stock equal to the product of (x) 0.10 and (y) the total Draw Down Amount Requested, and no Shares shall be purchased or sold with respect to such Trading Day.
The Company shall not make more than one Draw Down (whether pursuant to a Fixed Draw Down Notice or a Regular Draw Down Notice) during any Pricing Period with respect to which a Regular Draw Down Notice has been delivered.
Upon the terms and subject to the conditions of this Agreement, the Investor is obligated to accept each Regular Draw Down Notice prepared and delivered in accordance with the provisions of this Agreement and shall purchase from the Company the Shares subject to such Regular Draw Down Notice at the applicable Discount Price on the applicable Settlement Date.
At least 24 hours shall elapse between the completion of the settlement, in accordance with Section 3.5(b) and (c) below, of a Draw Down with respect to which a Regular Draw Down Notice was delivered and the delivery of any Fixed Draw Down Notice or Regular Draw Down Notice for any other Draw Down during the Investment Period.
With respect to any Draw Down pursuant to a Regular Draw Down Notice received by the Investor in accordance with Section 3.1(b) hereof, the settlement thereof shall occur not later than the first Trading Day next following the last Trading Day of the applicable Pricing Period.
With respect to a Draw Down for which a Regular Draw Down Notice was delivered, if the VWAP on any Trading Day during the applicable Pricing Period is lower than the applicable Floor Price, then for each such Trading Day, the Draw Down Amount Requested shall be reduced by an amount of shares of Common Stock equal to the product of (x) 0.10 and (y) the total Draw Down Amount Requested, and no Shares shall be purchased or sold with respect to such Trading Day.