Volume Limitations. The volume of forms/records included with your software purchase is limited to the amount expressly indicated in your contract or by ‘Bump Codes’ that you have purchased after your contract was signed or after your software was purchased. ⦁ Tax year. - You may only process 2021 and up to 9 prior tax year forms with this software
Volume Limitations. Subject to Autolus’ adherence to its Forecast obligations pursuant to Section 5.1 above, Miltenyi shall meet the demands of any Purchase Orders (as defined below) that are made by Autolus in compliance with the binding Forecasts. Miltenyi shall not be obligated to supply Autolus with quantities of Miltenyi Product in excess of [***] percent ([***]%) of the most recent Forecast provided to Miltenyi but agrees to use commercially reasonable efforts to satisfy Autolus’ requirement of Miltenyi Product in excess of [***] percent ([***]%) of the relevant Forecast quantities in accordance with the terms of this Agreement. EXHIBIT 10.2 ***Text Omitted and Filed Separately Confidential Treatment Requested Under 17 C.F.R. §§ 200.80(B)(4) and 230.406
Volume Limitations. This Agreement has been approved for new business issued from February 21, 2014 forward, subject to a volume cap on new business issues of $200,000,000 in any calendar year. If new business issues reach this limit, then all additional new business will move to the Reinsurance Allowance Structure described in Section 14.c below.
Volume Limitations. The Lender covenants that upon full or partial conversion of the Note, unless the Corporation agrees otherwise in advance, the Lender will not sell more shares of Common Stock of the Corporation in any one trading day than the greater of (x) ten percent (10%) of the current trading day's total share volume or (y) ten percent (10%) of the previous trading day's total share volume. In addition, unless the Corporation agrees otherwise in advance, the Lender may only sell such shares between the hours of 10:00 a.m. and 3:30 p.m. eastern standard time. The Lender shall trade through a brokerage firm mutually acceptable to the Lender and the Corporation. In the event that the Lender desires to replace its broker, the new broker shall be selected from a list pre-approved by the Lender and the Corporation, the Lender shall give the Corporation at least forty-eight (48) hours notice of such change, which notice shall include the reasons for the change. In the event of any change of the initial broker mutually selected by the Corporation and the Lender, the Lender shall cause the replacement broker to mail duplicate confirmations of sales to the Corporation.
Volume Limitations. Each Holder (together with its Affiliates) shall be prohibited from lending, offering, pledging, selling, contracting to sell, or otherwise transferring or disposing of, directly or indirectly, any shares of Common Stock issued upon conversion of the Series A Preferred Stock as follows:
Volume Limitations. During the period commencing on the date the volume limitations of Rule 144(e) are no longer applicable to the Conversion Shares through and including the second anniversary of the date hereof (the "Contractual Restriction Period"), the number of Conversion Shares which each Preferred Share Holder or any Affiliate of a Preferred Share Holder who receives or acquires Conversion Shares (the "Conversion Share Holder") shall be entitled to sell during any three-month period shall not exceed the greater of (i) one percent of the shares of FBC Common Stock outstanding as shown by the most recent report or statement published by FBC or (ii) the average weekly reported volume of trading in such securities on all national securities exchanges and/or reported through the automated quotation system of a registered securities association during the four calendar weeks preceding the date of such sale; provided, however, that if, prior to the commencement of the Contractual Restriction Period, a Conversion Share Holder does not sell the maximum number of Conversion Shares permitted during such period by Rule 144(e), then, notwithstanding the restrictions contained in this Section 9.3, such Conversion Share Holder may sell pursuant to Rule 144(k) (to the extent legally available) the number of Conversion Shares equal to the Rule 144(e) Shortfall Amount in addition to the amounts saleable pursuant to (i) and (ii) above. For purposes of this Agreement, the "Rule 144(e) Shortfall Amount" means the excess of the Rule 144(e) Amount over the number of Conversion Shares sold by such Conversion Share Holder pursuant to Rule 144 after the date hereof and prior to the commencement of the Contractual Restriction Period; and "Rule 144(e) Amount" means the maximum number of shares of FBC Common Stock such Conversion Share Holder was entitled to sell between the date hereof and the commencement of the Contractual Restriction Period pursuant to Rule 144 in compliance with the volume limitations of Rule 144(e). For purposes of determining the amount of shares of FBC Common Stock which may be sold on a particular date, the parties hereto shall rely on Rule 144(e)(3) and the interpretations of Rule 144 by the Securities and Exchange Commission. Each Preferred Share Holder acknowledges that the foregoing volume limitations are a material inducement for FBC and SIBG to enter into this Agreement and consummate the transactions contemplated by this Agreement.
Volume Limitations. Until the earlier of (i) June 30, 2018 or (ii) the date upon which the Company shall have first received stockholder approval for the conversion of the Series B Preferred Stock into Common Stock, each Holder (together with its Affiliates) shall be prohibited from lending, offering, pledging, selling, contracting to sell, or otherwise transferring or disposing of, directly or indirectly, any shares of Common Stock issued upon conversion of the Series B Preferred Stock, except that the Holders may sell up to 4.99% of the then issued and outstanding shares of Common Stock in any ninety (90) consecutive day period.
Volume Limitations. Notwithstanding anything herein to the contrary, (i) no Holder may sell any Registrable Securities, without the prior written consent of the Company, prior to the Effectiveness Target Date, except that without such consent, Purchaser may sell the Registrable Securities to a buyer that acquires such Registrable Securities for investment and not with a view toward distribution thereof otherwise than pursuant to the terms of this Agreement, and (ii) thereafter no Holder may sell more than 12.5% of the Registrable Securities held by such Holder in any one month period, provided that a Holder may effect a block trade (within the meaning of New York Stock Exchange Rule 127.10) of any amount of Registrable Securities upon five (5) days prior written notice to the Company.
Volume Limitations. Customer acknowledges that access and use of the Subscription Services is licensed to Customer for use up to the number of Users and/or other restrictions set forth on the applicable Order Form (the “Volume Limitations”). In the event that the Subscription Services are used in excess of the Volume Limitations set forth on the Order Form, Customer will pay Company the applicable fees associated with such use in excess of the applicable Volume Limitations at Company’s then-current excess fee rates (the “Excess Fee”). Customer may also add licenses for additional Users or other offerings purchased by Customer by executing a new Order Form or amendment thereto.
Volume Limitations. The amount of securities which can be sold ------------------ during any three month period cannot exceed the greater of (i) one percent of the outstanding shares of the class or (ii) the average weekly reported trading volume for shares of the class during the four calendar weeks preceding the filing of the notice of sale referred to below.
