Common use of Trading Instructions Clause in Contracts

Trading Instructions. (a) Broker is authorized to begin purchasing Shares as agent for the Company pursuant to this Purchase Plan beginning on , 2011 [61 calendar days after termination of the “restricted period” in connection with the Company’s initial public offering under Regulation M] (the “Commencement Date”). Broker shall cease purchasing Shares on the Termination Date (as defined below). The period beginning on the Commencement Date and ending on the Termination Date is referred to herein as the “Plan Period”. All notices hereunder shall be given to Broker in writing by facsimile at and , Attention: , and confirmed by telephone at . (b) In accordance with Broker’s customary procedures, Broker will deposit Shares purchased hereunder into the Account against payment to Broker of the purchase price and commissions and other fees in respect thereof. (c) Broker will notify the Company via email of all transactions executed under this Purchase Plan pursuant to customary trade confirmations, which shall be provided no later than 72 hours after execution of each transaction to P▇▇▇▇ ▇▇▇▇▇▇▇▇ at P▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. (d) (i) On each day on which the NASDAQ Capital Market (the “Exchange”) is open for trading (each, a “Business Day”), Broker shall use commercially reasonable efforts to purchase, as agent and for the account of the Company in compliance with Rule 10b-18, the lesser of (x) the number of Shares the Company is permitted to purchase under Rule 10b-18 on such Business Day and (y) the number of Shares to be purchased pursuant to the Share Repurchase Guidelines set forth on Appendix A hereto, provided, however, that to the extent such purchases would not constitute “10b-18 purchases” as defined under Rule 10b-18 solely as a result of Rule 10b-18(13)(iv), Broker may upon the advice of counsel to Broker, disregard any restriction contained in 10b-18(13)(iv)(B) in determining the number of shares that may be purchased pursuant to clause (x) above.

Appears in 2 contracts

Sources: Rule 10b5 1 Stock Purchase Plan (Universal Business Payment Solutions Acquisition Corp), Rule 10b5 1 Stock Purchase Plan (Universal Business Payment Solutions Acquisition Corp)

Trading Instructions. (a) Broker is authorized to begin purchasing Shares up to 5,000,000 Warrants (and up to an additional 375,000 Warrants in the event and to the extent that Broadband Capital Management LLC, representative of the underwriters of the Company’s IPO (the “Underwriter”) exercises its over-allotment option) as agent for the Company Purchaser as set forth herein pursuant to this Purchase Plan beginning on , 2011 [61 the later of (i) the date separate trading of the Warrants commences (“Separation Date”) and (ii) 60 calendar days after termination of the “restricted period” in connection with the Company’s initial public offering IPO under Regulation M] M under the Securities Exchange Act of 1934, as amended (the “Commencement Date”). Broker shall cease purchasing Shares Warrants on the Termination Date (as defined below). The period beginning on the Commencement Date and ending on the Termination Date is referred to herein as the “Plan Period”. All notices hereunder shall be given to Broker in writing by facsimile at and , Attention: , and confirmed by telephone at . (b) In accordance with Broker’s customary procedures, Broker will deposit Shares Warrants purchased hereunder into the Account against payment to Broker of the purchase price therefor and commissions and other fees in respect thereof. (c) Broker will notify the Company via email Purchaser of all transactions executed under this Purchase Plan pursuant to customary trade confirmations, which shall be provided no later than 72 within 24 hours after execution of each transaction to PPurchaser, SoftForum Building, 8th Floor, ▇▇▇-▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇, 135-170, Attn: Sang-▇▇▇▇ ▇▇▇, by facsimile at (82) (▇) ▇▇▇▇-▇▇▇▇ and confirmed by telephone at (82) (▇) ▇▇▇-▇▇▇▇, with a copy to ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ at P▇▇▇▇., ▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. (d) (i) On each day on which the NASDAQ Capital Stock Market (the “Exchange”) is open for trading (each, a “Business Day”), Broker shall use commercially reasonable efforts to purchase, as agent and for the account of Purchaser, up to 5,000,000 Warrants (and up to 5,375,000 Warrants in the Company in compliance with Rule 10b-18, the lesser of (x) the number of Shares the Company is permitted to purchase under Rule 10b-18 on such Business Day event and (y) the number of Shares to be purchased pursuant to the Share Repurchase Guidelines set forth on Appendix A hereto, provided, however, that to the extent such purchases would not constitute “10b-18 purchases” as defined under Rule 10b-18 solely as that the Underwriter exercises its over-allotment option) at a result price of Rule 10b-18(13)(iv), Broker may upon the advice of counsel to Broker, disregard any restriction contained in 10b-18(13)(iv)(B) in determining the number of shares that may be purchased pursuant to clause (x) above$2.00 per Warrant.

Appears in 2 contracts

Sources: Rule 10b5 1 Stock Purchase Plan (Korea Milestone Acquisition CORP), Rule 10b5 1 Stock Purchase Plan (Korea Milestone Acquisition CORP)

Trading Instructions. (a) Broker is authorized to begin purchasing Shares as sole agent for the Company Issuer pursuant to this Purchase Repurchase Plan beginning on , 2011 [61 calendar days after termination of the “restricted period” in connection with the Company’s initial public offering under Regulation M] date hereof (the “Commencement Date”)) and as sole agent for the Additional Participant pursuant to this Repurchase Plan beginning one month after the date of this Repurchase Plan. Broker shall cease purchasing Shares on the Termination Date (as defined below). The period beginning on the Commencement Date and ending on the Termination Date is referred to herein as the “Plan Period”. All notices hereunder shall be given to Broker in writing by facsimile at and , Attention: , and confirmed by telephone at . (b) In accordance with Broker’s customary procedures, Broker will deposit Shares purchased hereunder into the Account Issuer’s or the Additional Participant’s Account, as applicable, against payment to Broker of the purchase price and commissions and other fees in respect thereof. (c) Broker will notify the Company Issuer and the Additional Participant via email of all transactions executed under this Purchase Repurchase Plan pursuant to customary trade confirmations, which shall be provided no later than 72 24 hours after execution of each transaction to P▇▇▇▇ ▇▇▇▇▇▇▇▇ at P▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇transaction. (d) (i) On each day of the Plan Period on which the NASDAQ Shares are traded on the Nasdaq Global Market, the Nasdaq Capital Market (Market, the “Exchange”) is open for OTC Bulletin Board or such other inter-dealer electronic quotation or trading market through which the Shares are publicly traded (each, a “Business Day”), Broker shall use commercially reasonable efforts to purchasepurchase in the open market or through privately negotiated transactions, as sole agent and for the account of each of the Company Issuer and the Additional Participant in compliance with Rule 10b-1810b-18 under the Exchange Act, the lesser of (x) the maximum number of Shares the Company Issuer is permitted to purchase under Rule 10b-18 on such Business Day and (y) the number of Shares to be purchased pursuant to the Share Repurchase Guidelines set forth on Appendix A hereto. (ii) The Issuer and the Additional Participant shall pay to Broker the commission per share repurchased for its and his account, providedrespectively as set forth on Appendix A. (e) Broker will make, howeverkeep and produce promptly upon request a daily time-sequenced schedule of all Share purchases made under this Repurchase Plan, that to on a transaction-by-transaction basis, including (i) size, time of execution and price of purchase; and (ii) the extent such purchases would not constitute exchange, quotation system, or other facility through which the Share purchase occurred, which obligations are set forth under the heading 10b-18 purchasesDaily Time-Sequenced Schedule Obligationsas defined under Rule 10b-18 solely as a result of Rule 10b-18(13)(iv), Broker may upon the advice of counsel to Broker, disregard any restriction contained in 10b-18(13)(iv)(B) in determining the number of shares that may be purchased pursuant to clause (x) aboveon Appendix A hereto.

Appears in 1 contract

Sources: Rule 10b5 1 Repurchase Plan (China Information Technology, Inc.)

Trading Instructions. (a) Broker is authorized to begin purchasing Shares up to 5,000,000 Warrants as agent for the Company Purchaser as set forth herein pursuant to this Purchase Plan beginning on , 2011 [61 calendar days after termination the earlier of (i) ten (10) months from the effective date of the “restricted period” in connection with prospectus related to the IPO and (ii) the Company’s filing of a Form 6-K containing the proxy statement relating to the Company’s initial public offering under Regulation M] business combination (the “Commencement Date”). Broker shall cease purchasing Shares Warrants sixty (60) calendar days after the Commencement Date or on the Termination Date (as defined below), whichever is earlier. The period beginning on the Commencement Date and ending on the Termination Date is referred to herein as the “Plan Period”. All notices hereunder shall be given to Broker in writing by facsimile at and , Attention: , and confirmed by telephone at . (b) In accordance with Broker’s customary procedures, Broker will deposit Shares Warrants purchased hereunder into the Account against payment to Broker of the purchase price therefor and commissions and other fees in respect thereof. (c) Broker will notify the Company via email Purchaser of all transactions executed under this Purchase Plan pursuant to customary trade confirmations, which shall be provided no later than 72 within 24 hours after execution of each transaction to PPurchaser, SoftForum Building, 8th Floor, ▇▇▇-▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇, 135-170, Attn: Sang-▇▇▇▇ ▇▇▇, by facsimile at (82) (▇) ▇▇▇▇-▇▇▇▇ and confirmed by telephone at (82) (▇) ▇▇▇-▇▇▇▇, with a copy to ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Esq., Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ at P▇▇▇▇., ▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. (d) (i) On each day on which the NASDAQ Capital Stock Market (the “Exchange”) is open for trading (each, a “Business Day”), Broker shall use commercially reasonable efforts to purchase, as agent and for the account of the Company in compliance with Rule 10b-18Purchaser, the lesser up to 5,000,000 Warrants at a price of US$2.30 per Warrant. (xii) Purchaser shall pay to Broker a commission of US$0.03 per Warrant so purchased. (e) Broker will make, keep and produce promptly upon request a daily time-sequenced schedule of all Warrant purchases made under this Purchase Plan, on a transaction-by-transaction basis, including (i) size, time of execution and price of purchase; and (ii) the number of Shares exchange, quotation system, or other facility through which the Company is permitted to Warrant purchase under Rule 10b-18 on such Business Day and (y) the number of Shares to be purchased pursuant to the Share Repurchase Guidelines occurred, which obligations are set forth under the heading “Daily Time-Sequenced Schedule Obligations” on Appendix A hereto, provided, however, . (f) Purchaser agrees that this Purchase Plan constitutes an irrevocable “good till cancel” limit order to purchase Warrants at US$2.30 per Warrant pursuant to the extent terms of this Purchase Plan. (g) The Account shall be a non-hypothecated, delivery versus payment account, such purchases would not constitute “10b-18 purchases” as defined under Rule 10b-18 solely as a result of Rule 10b-18(13)(iv), Broker may upon that the advice of counsel to Broker, disregard any restriction contained in 10b-18(13)(iv)(B) in determining the number of shares that may be purchased pursuant to clause (x) aboveWarrants and payment for such Warrants are due and exchanged simultaneously.

Appears in 1 contract

Sources: Rule 10b5 1 Stock Purchase Plan (Korea Milestone Acquisition CORP)

Trading Instructions. (a) Broker Citi is authorized to begin purchasing Shares as agent for the Company Sponsor pursuant to this Purchase Plan beginning on the later of (i) 10 Business Days (as defined below) after the Company files a Current Report on Form 8-K (the "Signing 8-K") with the Securities and Exchange Commission announcing its execution of a definitive agreement for a merger, 2011 [61 capital stock exchange, asset acquisition, stock purchase, reorganization or similar business combination with an operating business (the "Business Combination"), and (ii) 60 calendar days after termination of the "restricted period" in connection with the Company’s 's initial public offering under Regulation M] M (the "Commencement Date"). Broker Citi shall cease purchasing Shares on the Termination Date (as defined below). The period beginning on the Commencement Date and ending on the Termination Date is referred to herein as the "Plan Period". All notices hereunder For the avoidance of doubt, Citi shall be given to Broker not begin purchasing Shares as agent for Sponsor until it receives written notification from the Company and Sponsor of the Commencement Date in writing by facsimile at and , Attention: , and confirmed by telephone at accordance with Section 5(a) herein. (b) In accordance with Broker’s Citi's customary procedures, Broker Citi will deposit Shares purchased hereunder into the Account against payment to Broker Citi of the purchase price therefor and commissions and other fees in respect thereof. (c) Broker Citi will notify the Company via email Sponsor of all transactions executed under this Purchase Plan pursuant to customary trade confirmations, which shall be provided no later than 72 within 24 hours after execution of each transaction to P▇▇▇▇ ▇▇▇▇▇▇▇▇ at P▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇transaction. (d) (i) On each day on which the NASDAQ Capital Market American Stock Exchange (the "Exchange") is open for trading (each, a "Business Day"), Broker Citi shall use commercially reasonable efforts to purchase, as agent and for the account of the Company in compliance with Rule 10b-18Sponsor, the lesser of (x) the maximum number of Shares the Company is permitted to Sponsor could purchase under Rule 10b-18 on such Business Day and (y) the number of Shares to be purchased pursuant to the Share Repurchase Guidelines set forth on Appendix A hereto, provided, however, . (ii) Sponsor shall pay to Broker a commission of $_____ per Share so purchased. (e) Sponsor agrees that this Purchase Plan constitutes an irrevocable limit order to purchase Shares pursuant to the extent such purchases would not constitute “10b-18 purchases” as defined under Rule 10b-18 solely as a result terms of Rule 10b-18(13)(iv)this Purchase Plan, Broker may upon including the advice of counsel Share Repurchase Guidelines set forth on Appendix A hereto. (f) From the date hereof until the Termination Date, Sponsor agrees to provide to Broker, disregard any restriction contained in 10b-18(13)(iv)(B) in determining the number of shares on a quarterly basis, statements confirming that may be purchased pursuant Sponsor has sufficient funds necessary to clause (x) abovesatisfy its obligations hereunder.

Appears in 1 contract

Sources: Rule 10b5 1 Stock Purchase Plan (Alternative Asset Management Acquisition Corp.)