Volume Threshold Limitation. In connection with an Advance Notice where the Company selects an Accelerated Purchase Pricing Period or Regular Purchase Pricing Period , if the total number of Common Shares traded on the Principal Market during the applicable Pricing Period is less than the applicable Volume Threshold (the “Volume Threshold Failure”), then the number of Advance Shares issued and sold pursuant to such Advance Notice shall be reduced to the greater of (i) the applicable Volume Limit, and (i) the number of Shares sold by the Investor during such Pricing Period, but in each case not to exceed the amount requested in the Advance Notice.
Appears in 3 contracts
Sources: Equity Purchase Facility Agreement (New Era Helium Inc.), Equity Purchase Facility Agreement (New Era Helium Inc.), Equity Purchase Facility Agreement (New Era Helium Inc.)