Threshold Price Sample Clauses

Threshold Price. For each Trading Day during a Draw Down Pricing Period that the Draw Down Discount Price is less than the Threshold Price, no Shares shall be purchased or sold on such Trading Day and the total amount of the Draw Down Amount in respect of such Draw Down Pricing Period shall be reduced by one fifteenth (1/15th). At no time shall the Threshold Price be set below $2.00. If trading in the Company's Common Stock is suspended for any reason for more than three (3) consecutive or non-consecutive hours during any Trading Day during a Draw Down Pricing Period, the Draw Down Discount Price shall be deemed to be less than the Threshold Price for that Trading Day.

Threshold Price. The Purchase Price for the applicable Draw Down shall be equal to or greater than the Threshold Price.

Threshold Price. The VWAP for the applicable Draw Down shall be equal to or greater than the Threshold Price.

Threshold Price. The definition of "Threshold Price" in the Existing SPA is hereby replaced in its entirety with the following:

Threshold Price. 6 Section 3.10. Other Issuances...........................................6 Section 3.11. Failure to Deliver Shares.................................6

Threshold Price. For each Trading Day during a Draw Down Pricing Period that the Draw Down Discount Price is less than the Threshold Price, no Shares shall be purchased or sold on such Trading Day and the total amount of the Draw Down Amount in respect of such Draw Down Pricing Period shall be reduced by one fifteenth (1/15th). The amount of the Draw Down Amount not so purchased or sold shall continue to be available in future Draw Downs and a part of the Maximum Commitment Amount. If trading in the Company's Common Stock is suspended for any reason for more than three (3) consecutive or non-consecutive hours during any Trading Day during a Draw Down Pricing Period, the Draw Down Discount Price shall be deemed to be less than the Threshold Price for that Trading Day.

Threshold Price. On the Trading Day immediately preceding the Closing Date, the closing price of the Common Stock as reported on the Trading Market shall not be less than the Threshold Price; and

Threshold Price. For each Trading Day during a Draw Down Pricing Period that the Draw Down Discount Price is less than the Threshold Price, no Shares shall be purchased or sold on such Trading Day and the total amount of the Draw Down Amount in respect of such Draw Down Pricing Period shall be reduced by one fifteenth (1/15th); PROVIDED, HOWEVER, that the Investor may elect prior to each respective Settlement Date during such Draw Down Pricing Period, in its sole discretion, to either (i) purchase Shares in respect of any such Trading Day at a price equal to the Threshold Price or (ii) extend such Draw Down Pricing Period for the number of Trading Days during such Draw Down Pricing Period that the Draw Down Discount Price was less than the Threshold Price. At no time shall the Threshold Price be set below $2.00 unless agreed upon by the Company and the Investor. If trading in the Company's Common Stock is suspended for any reason for more than three (3) consecutive or non-consecutive hours during any Trading Day during a Draw Down Pricing Period, the Investor may elect in its sole discretion, to either (i) deem the Draw Down Discount Price to be less than the Threshold Price for that Trading Day or (ii) extend such Draw Down Pricing Period for an additional Trading Day in respect of such Trading Day.

Threshold Price. Notwithstanding the foregoing, the Threshold Price for each Interim Pricing Period shall be eighty-seven percent (87%) of the weighted average Daily Closing Price for the five (5) consecutive Trading Days immediately preceding such Interim Pricing Period. If the Daily Closing Price on a given Trading Day in an Interim Pricing Period, multiplied by ninety percent (90%), is less than the Threshold Price, then the total amount of the Interim Payment Amount will be reduced by 1/5th (or such other fraction based on the length of the Interim Pricing Period) and no Shares will be purchased or sold with respect to such Trading Day, unless the parties agree otherwise.