Sales within the Designated Period Clause Samples

Sales within the Designated Period. Investor may, within the Designated Period and at times and prices and in amounts as it may determine in its sole discretion, sell the Shares, provided that the sale price for each sale is not below $1.05 per share (the “Minimum Sale Price”). The Proceeds of the sales shall be retained by Investor in satisfaction of the Payment, with the Proceeds reducing the outstanding Payment liability by an equal amount. If, at any time prior to the end of the Designated Period, the (i) total Proceeds from sales of the Shares is greater than the Payment amount or (ii) the product of (x) the remaining Shares and (y) the Minimum Sale Price is greater than the remaining Payment liability, Investor shall retain all of the Proceeds without any obligation to remit any portion to the Company, the Payment shall be deemed fully satisfied, and Investor shall have no obligation to return any Shares to the Company. Notwithstanding anything to the contrary in this Section 1.1, the Parties may agree in writing, executed by both Parties, to modify the Minimum Sale Price to a higher or lower price per share at any time after the entry into this Letter Agreement.
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Related to Sales within the Designated Period

  • WHEREAS the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

  • NOW, THEREFORE the parties hereto agree as follows:

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.