Maximum Placement. Investor shall not be obligated to purchase any additional Tranche Shares once the aggregate Tranche Purchase Price paid by Investor equals the Maximum Placement. In the event that the closing price of the Company’s common stock during the nine business day after the Tranche Notice Date falls below 75% of the closing bid price on the day prior to the Tranche Notice Date, Investor will have the option of not proceeding with the funding for that Tranche.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Neah Power Systems, Inc.), Stock Purchase Agreement (Neah Power Systems, Inc.), Stock Purchase Agreement (Neah Power Systems, Inc.)