Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 135 contracts
Samples: Equity Distribution Agreement, Committed Equity Facility Agreement (Solar Wind Energy Tower, Inc.), Committed Equity Facility Agreement (Solar Wind Energy Tower, Inc.)
Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered delivered, on a day that is not a Trading Day.
Appears in 129 contracts
Samples: Equity Distribution Agreement (Cyop Systems International Inc), Equity Line of Credit Agreement (Cyberlux Corp), Equity Distribution Agreement (Stock Market Solutions Inc)
Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon 5:00 pm Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon 5:00 pm Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 51 contracts
Samples: Securities Purchase Agreement (Las Vegas Railway Express, Inc.), Securities Purchase Agreement (First Liberty Power Corp), Securities Purchase Agreement (Frozen Food Gift Group, Inc)
Date of Delivery of Advance Notice. Advance Notices shall be delivered in accordance with the instructions set forth on the bottom of Exhibit A. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon 5:00 pm Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon 5:00 pm Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 19 contracts
Samples: Equity Distribution Agreement, Equity Distribution Agreement (Bos Better Online Solutions LTD), Equity Distribution Agreement (Bos Better Online Solutions LTD)
Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise email (to the address set forth in Section 11.1 herein) by the Investor if such notice is received prior to 12:00 noon 5:00 pm Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise email after 12:00 noon 5:00 pm Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 5 contracts
Samples: Reserve Equity Financing Agreement (Vertro, Inc.), Reserve Equity Financing Agreement (Neah Power Systems, Inc.), Reserve Equity Financing Agreement (Global Resource CORP)
Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day , which is not a Trading Day. No Advance Notice may be deemed delivered delivered, on a day that is not a Trading Day.
Appears in 4 contracts
Samples: Equity Line of Credit Agreement (Forefront Inc), Credit Agreement (Forefront Inc), Credit Agreement (Forefront Inc)
Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (i) the Trading Day day after it is received by facsimile or otherwise by the Investor Investors if such notice is received prior to 12:00 noon Eastern United States Time, or (ii) the immediately succeeding Trading Day day if it is received by facsimile or otherwise after 12:00 noon Eastern United States Time on a Trading Day day or at any time on a day which is not a Trading Business Day. No Advance Notice may be deemed delivered on a day that is not a Trading Business Day.
Appears in 3 contracts
Samples: Fixed Price Equity Distribution Agreement (China Ivy School, Inc.), Fixed Price (Gulf Resources, Inc.), Equity Distribution Agreement (Industrial Electric Services Inc)
Date of Delivery of Advance Notice. Advance Notices shall be delivered in accordance with the instructions set forth on the bottom of Exhibit A. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon 5:00 pm Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon 5:00 pm Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 3 contracts
Samples: Equity Distribution Agreement (China Recycling Energy Corp), Equity Distribution Agreement (China Recycling Energy Corp), Standby Equity Distribution Agreement (Omagine, Inc.)
Date of Delivery of Advance Notice. An Advance Notice shall be deemed ------------------------------------ delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Ns8 Corp), Equity Distribution Agreement (Ns8 Corp)
Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (iI) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered delivered, on a day that is not a Trading Day.
Appears in 2 contracts
Samples: Line of Credit Agreement (Cyco Net Inc), Line of Credit Agreement (Cyco Net Inc)
Date of Delivery of Advance Notice. An Advance Notice shall be ---------------------------------- deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Roanoke Technology Corp), Equity Distribution Agreement (Intrepid Technology & Resource Inc)
Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon noon- Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered delivered, on a day that is not a Trading Day.
Appears in 2 contracts
Samples: Equity Line of Credit Agreement (Ams Homecare Inc), Equity Line of Credit Agreement (Ams Homecare Inc)
Date of Delivery of Advance Notice. Advance Notices shall be delivered in accordance with the instructions set forth on the bottom of Exhibit A. An Advance Notice shall be deemed delivered on (i) the Trading Day if it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon 5:00 pm Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon 5:00 pm Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Alon USA Energy, Inc.), Equity Distribution Agreement (Advanced Life Sciences Holdings, Inc.)
Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon 5:00 p.m. Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon 5:00 p.m. Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Sensor System Solutions Inc), Equity Distribution Agreement (Sensor System Solutions Inc)
Date of Delivery of Advance Notice. Advance Notices shall be delivered in accordance with the instructions set forth on the bottom of Exhibit B. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon 5:00 pm Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon 5:00 pm Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Power of the Dream Ventures Inc), Equity Distribution Agreement (Power of the Dream Ventures Inc)
Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise email (to the address set forth in Section 11.1 herein) by the Investor if such notice is received prior to 12:00 noon 5:00 pm Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise email after 12:00 noon 5:00 pm Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day. Section 2.3.
Appears in 1 contract
Samples: Equity Financing Agreement
Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.. (c)
Appears in 1 contract
Samples: Equity Distribution Agreement (Transax International LTD)
Date of Delivery of Advance Notice. Advance Notices shall be delivered in accordance with the instructions set forth on the bottom of Exhibit A. An Advance Notice shall be deemed delivered on (i) the Trading Day if it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon 7:00 pm Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon 7:00 pm Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Alon USA Energy, Inc.)
Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (i) the Trading business Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered delivered, on a day that is not a Trading Day.
Appears in 1 contract
Samples: Line of Credit Agreement (Tcpi Inc)
Date of Delivery of Advance Notice. An Advance Notice shall be deemed ----------------------------------- delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor Investors if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered delivered, on a day that is not a Trading Day.
Appears in 1 contract
Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be he deemed delivered delivered, on a day that is not a Trading Day.
Appears in 1 contract
Samples: Equity Line of Credit Agreement (Cardinal Communications, Inc)
Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor Investors if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered delivered, on a day that is not a Trading Day.
Appears in 1 contract
Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon PM Eastern European Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon PM Eastern European Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.. Valmie Resources, Inc. Equity Investment Agreement
Appears in 1 contract
Samples: Equity Investment Agreement (Valmie Resources, Inc.)
Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.or
Appears in 1 contract
Samples: Equity Distribution Agreement (Neomedia Technologies Inc)
Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon United States Eastern Time (5:00 pm London, England Time), or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon United States Eastern Time (5:00 pm London, England Time), on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered delivered, on a day that is not a Trading Day.
Appears in 1 contract
Samples: Equity Distribution Agreement (Canargo Energy Corp)
Date of Delivery of Advance Notice. An Advance Notice shall ----------------------------------- be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 1 contract
Samples: Equity Distribution Agreement (Falcon Natural Gas Corp)
Date of Delivery of Advance Notice. An Advance Notice shall be ------------------------------------ deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 1 contract
Samples: Equity Distribution Agreement (China World Trade Corp)
Date of Delivery of Advance Notice. An Advance Notice shall be ------------------------------------- deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 1 contract
Samples: Exhibit 99 (Falcon Natural Gas Corp)
Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a any day that is not a Trading Day.
Appears in 1 contract
Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Easter Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered delivered, on a day that is not a Trading Day.
Appears in 1 contract
Date of Delivery of Advance Notice. An Advance Notice shall ---------------------------------- be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 1 contract
Samples: Equity Distribution Agreement (Intrepid Technology & Resource Inc)
Date of Delivery of Advance Notice. An Advance ------------------------------------- Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 1 contract
Samples: Equity Distribution Agreement (Intrepid Technology & Resource Inc)
Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or e-mail or otherwise by the Investor if such notice is received prior to 12:00 noon 5:00 pm Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or e-mail or otherwise after 12:00 noon 5:00 pm Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 1 contract
Date of Delivery of Advance Notice. Advance Notices shall be delivered in accordance with the instructions set forth on the bottom of Exhibit A. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon 5:00 pm Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is 5:00 pm not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 1 contract
Date of Delivery of Advance Notice. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading 4 <PAGE> Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered delivered, on a day that is not a Trading Day.. (c)
Appears in 1 contract
Samples: Credit Agreement Agreement
Date of Delivery of Advance Notice. An Advance Notice shall be deemed ----------------------------------- delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 1 contract
Samples: Exhibit 99 (Donobi Inc)
Date of Delivery of Advance Notice. Advance Notices shall be delivered in the form of Exhibit A. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon 5:00 pm Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon 5:00 pm Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 1 contract
Date of Delivery of Advance Notice. An Advance Notice shall ------------------------------------ be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon 5:00 pm Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon 5:00 pm Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 1 contract
Date of Delivery of Advance Notice. Advance Notices shall be delivered in accordance with the instructions set forth on the bottom of Exhibit A. An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise if it is received by the Investor if such notice is received prior to 12:00 noon 7:00 pm Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon 7:00 pm Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.
Appears in 1 contract
