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 $0.30, 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 4.18.

Examples of Participation Maximum in a sentence

• If by 5:30 p.m. (New York City time) on the fifth (5th) Trading Day after all of the Purchasers have received the Pre-Notice, the Company receives responses to a Subsequent Financing Notice from Purchasers seeking to purchase more than the aggregate amount of the Participation Maximum, each such Purchaser shall have the right to purchase its Pro Rata Portion (as defined below) of the Participation Maximum.

• If, by the Notice Termination Time, the Company receives responses to a Subsequent Financing Notice from Purchasers seeking to purchase more than the aggregate amount of the Participation Maximum, each such Purchaser shall have the right to purchase its Pro Rata Portion (as defined below) of the Participation Maximum.

• MBE/WBE Participation Maximum 10 points Demonstrated experience and commitment of the Offeror to assist the HACP in meeting its requirement and goals related to Minority/Women Business Participants.

• The Financial Institution agrees that any security interest now held or hereafter acquired by the Financial Institution in the Account and/or in the funds now or hereafter in the Account is and shall be subject and subordinate to the security interest granted to the NYS DOS by this Deposit Account Control Agreement.

• If by 5:30 p.m. (New York City time) on the second (2nd) Trading Day after all of the Purchasers have received the Pre-Notice, the Company receives responses to a Subsequent Financing Notice from Purchasers seeking to purchase more than the aggregate amount of the Participation Maximum, each such Purchaser shall have the right to purchase its Pro Rata Portion (as defined below) of the Participation Maximum.

More Definitions of Participation Maximum

Participation Maximum has the meaning set forth in Section 6.1(a).

Participation Maximum shall have the meaning ascribed to such term in Section 4.7.

Participation Maximum means the greater of (x) such portion of the Subsequent Financing that is equal to the number of shares of Common Stock deemed to be beneficially owned by the Lead Purchaser immediately prior to the closing of the Subsequent Financing (based upon documentation or written representation reasonably satisfactory to the Company), divided by the total number of shares of Common Stock outstanding (including any shares of Common Stock issuable upon conversion or exercise of outstanding Common Stock Equivalents deemed to be beneficially owned by the Lead Purchaser and included in the numerator) immediately prior to the closing of the Subsequent Financing or (y) 10.5% of the Subsequent Financing. At least five (5) Trading Days prior to the closing of the Subsequent Financing, the Company shall deliver to the Lead Purchaser a written notice of its intention to effect a Subsequent Financing (“Pre-Notice”), which Pre-Notice shall ask the Lead Purchaser if it wants to review the details of such financing (such additional notice, a “Subsequent Financing Notice”). Upon the request of the Lead Purchaser, and only upon a request by the Lead 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 the Lead 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) with respect to Cove Lane, 11.22% of the Subsequent Financing and (ii) with respect to HBC, 21.78% of the Subsequent Financing. For purposes hereof “Common Stock Equivalents” means any securities of the Company or its subsidiaries which would entitle the holder thereof to acquire at any time Common Stock, including, without limitation, any debt, preferred stock, right, option, warrant or other instrument that is at any time convertible into or exercisable or exchangeable for, or otherwise entitles the holder thereof to receive, Common Stock. Notwithstanding the foregoing, this Section 3 shall have no applicability to any transaction contemplated by or consummated in connection with the September 12, 2023 Sale Order, and no transaction contemplated by or consummated in connection with the September 12, 2023 Sale Order shall qualify as a Subsequent Financing.

Participation Maximum shall have the meaning ascribed to such term in Section 4.10(a). “Purchase Price” equals $90.00.

Participation Maximum shall have the meaning ascribed to such term in Section 4.12(a). “Permitted ATM” shall have the meaning ascribed to such term in Section 4.13(b).