Current Public Information Failure definition
Current Public Information Failure means either (x) the Company fails for any reason to satisfy the requirements of Rule 144(c)(1) of the 1933 Act, including, without limitation, the failure to satisfy the current public information requirement under Rule 144(c) of the 1933 Act or (y) the Company has ever been an issuer described in Rule 144(i)(1)(i) of the 1933 Act or becomes such an issuer in the future, and the Company shall fail to satisfy any condition set forth in Rule 144(i)(2) of the 1933 Act.
Current Public Information Failure shall have the meaning assigned to such term in Section 2(g).
Current Public Information Failure means that (i) the Company has ever been an issuer described in Rule 144(i)(1)(i) or becomes such an issuer in the future, and (ii) the Company shall fail to satisfy any condition set forth in Rule 144(i)(2).
Examples of Current Public Information Failure in a sentence
The payments to which a Buyer shall be entitled pursuant to this Section 4(f) are referred to herein as "Current Public Information Failure Payments." Current Public Information Failure Payments shall be paid on the earlier of (i) the last day of the calendar month during which such Current Public Information Failure Payments are incurred and (ii) the third (3rd) Business Day after the event or failure giving rise to the Current Public Information Failure Payments is cured.
In the event the Company fails to make Current Public Information Failure Payments in a timely manner, such Current Public Information Failure Payments shall bear interest at the rate of one percent (1%) per month (prorated for partial months) until paid in full.
Nothing herein shall limit such ▇▇▇▇▇'s right to pursue actual damages for the Current Public Information Failure, and such Buyer shall have the right to pursue all remedies available to it at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief.
More Definitions of Current Public Information Failure
Current Public Information Failure has the meaning set forth in Section 4.7(b).
Current Public Information Failure has the meaning set forth in Section 2.1(f).
Current Public Information Failure means the Company's failure to file with the SEC any required reports under Section 13 or 15(d) of the 1934 Act such that it is not in compliance with Rule 144(c)(1) (or Rule 144(i)(2), if applicable.
Current Public Information Failure means the Company's failure, for any reason, to satisfy the requirements of Rule 144(c)(1), including, without limitation, the failure to satisfy the current public information requirement under Rule 144(c) or (y) the Company has ever been an issuer described in Rule 144(i)(1)(i) or becomes such an issuer in the future, and the Company's failure to satisfy any condition set forth in Rule 144(i)(2).
Current Public Information Failure means at any time either (x) the Company fails for any reason to satisfy the requirements of Rule 144(c)(1), including, without limitation, the failure to satisfy the current public information requirement under Rule 144(c) or (y) the Company has ever been an issuer described in Rule 144(i)(1)(i) or becomes such an issuer in the future, and the Company shall fail to satisfy any condition set forth in Rule 144(i)(2); (iv) “Permitted VRT” means (x) any issuance of Common Stock pursuant to an “at-the-market” offering of Common Stock with a registered broker-dealer under a currently effective registration statement on Form S- 3; provided that (A) the New Issuance Price (as defined in the Certificate of Designations) with respect thereto is not less than the Floor Price and (B) the aggregate sales of Common Stock thereunder during any given Trading Day shall not constitute more than 10% of the aggregate trading volume of the Common Stock on such Trading Day (as reported by Bloomberg)(each, a “Permitted ATM”) and (y) any equity line of credit by and between the Company and ATW Special Situations II LLC (“ATW”) or any of its affiliates (each a “Permitted Equity Line”).
Current Public Information Failure means either (x) the Company fails for any reason to satisfy the requirements of Rule 144(c)(1) of the 1933 Act, including, without limitation, the failure to satisfy the current public information requirement under Rule 144(c) of the 1933 Act or (y) the Company has ever been an issuer described in Rule 144(i)(1)(i) of the 1933 Act or becomes such an issuer in the future, and the Company shall fail to satisfy any condition set forth in Rule 144(i)(2) of the 1933 Act. (z) “Dilutive Issuance” shall have the meaning set forth in Section (3)(f). (aa) “Distributions” shall have the meaning set forth in the Section (14). (bb) “DTC” shall have the meaning set forth in the Section (3)(b)(i). (cc) “Equity Conditions” means, with respect to a given date of determination: (i) on each day during the period beginning thirty (30) calendar days prior to the applicable date of determination and ending on and including the applicable date of determination (the “Equity Conditions Measuring Period”), the Common Stock (including all Underlying Shares) is listed or designated for quotation (as applicable) on the Primary Market and (x) shall not have been limited or suspended from trading on the Primary Market (other than suspensions of not more than two (2) days and occurring prior to the applicable date of determination due to business announcements by the Company) nor (y) shall delisting or suspension by the Primary Market have been threatened (with a reasonable prospect of delisting occurring after giving effect to all applicable notice, appeal, compliance and hearing periods (it being understood by the Company and the Holder that no reasonable prospect of delisting will occur prior to the Company holding an annual or special meeting of its stockholders in order to obtain Shareholder Approval, including any postponement thereof, or solely as a result from the existence of the notice received by the Company from the Primary Market on June 18, 2024 for failure to satisfy Sections 1003(a)(i) and 1003(a)(ii) of the NYSE American LLC Company Guide) or any communications from the Primary Market related
Current Public Information Failure shall have the meaning ascribed to such term in Section 4.15(h).