Common use of Additional Events of Termination of Investor Obligation Clause in Contracts

Additional Events of Termination of Investor Obligation. The obligation of the Investor to purchase shares of Common Stock under this Agreement may, if the Investor in its sole and absolute discretion so elects, be terminated (including with respect to a Closing Date which has not yet occurred) in the event that (i) the Registration Statement shall not have been declared effective by the SEC on or before one hundred twenty (120) days from the Effective Date; (ii) there shall occur any stop order or suspension of the effectiveness of the Registration Statement or Warrant Registration Statement, or any withdrawal of the effectiveness of the Registration Statement or Warrant Registration Statement for a period greater than twenty (20) Trading Days in any Investment Period for any reason other than as a result of subsequent corporate developments which would require such Registration Statement or Warrant Registration Statement to be amended to reflect such event in order to maintain its compliance with the disclosure requirements of the Securities Act; or (iii) the Company shall at any time fail to comply with the requirements of Sections 6.2, 6.3, 6.4, 6.6 or 6.7 and the Company shall fail to cure such noncompliance within (A) five (5) Trading Days after receipt of notice from the Investor of its election to terminate this Agreement, provided that the Investor has been notified by the Company of such noncompliance within two (2) Trading Days of the occurrence of such noncompliance or, if the noncompliance relates to a failure of the Company to comply with the provisions of Section 6.6, the Investor otherwise becomes aware of such noncompliance or (B) otherwise within five (5) Trading Days of the occurrence of such noncompliance; provided, however, that notwithstanding the foregoing, the Investor may, in its sole and absolute discretion, terminate this Agreement if the Company shall fail to maintain the listing of the Common Stock on a Principal Market, or if trading of the Common Stock on a Principal Market shall have been suspended for a period of ten (10) consecutive Trading Days.

Additional Events of Termination of Investor Obligation. The obligation obligations and rights of the Investor to purchase shares of Common Stock under this Agreement may, if the Investor in its sole and absolute discretion so elects, be terminated (including with respect to a Closing Date which has not yet occurred) in the event that (i) the Registration Statement shall not have been declared effective by the SEC on or before one hundred twenty (120) days from the Effective Date; (ii) there shall occur any stop order or suspension of the effectiveness of the Registration Statement or Warrant Registration Statement, or any withdrawal of the effectiveness of the Registration Statement or Warrant Registration Statement for a period greater than twenty fifteen (2015) Trading Days in any Investment Period for any reason other than as a result twelve (12) month period (except in the case of subsequent corporate developments which would require such Registration Statement an event described in Sections 2(a)(i)(A), 2(a)(i)(B) or Warrant Registration Statement to be amended to reflect such event in order to maintain its compliance with the disclosure requirements 2(a)(i)(C) of the Securities ActRegistration Rights Agreement, in which case such time periods shall be extended to twenty (20) consecutive Trading Days and forty (40) Trading Days in any 12 month period, respectively); or (iiiii) the Company shall at any time fail materially to comply with the requirements of Sections 6.2, 6.3, 6.4, or 6.6 or 6.7 and the Company shall fail to cure such noncompliance within (A) five ten (510) Trading Days after receipt of notice from the Investor of its election to terminate this Agreement, provided that the Investor has been notified by the Company of such noncompliance within two (2) Trading Days of the occurrence of such noncompliance or, if the noncompliance relates to a failure of the Company to comply with the provisions of Section 6.6, the Investor otherwise becomes aware of such noncompliance or (B) otherwise within five (5) Trading Days of the occurrence of such noncompliance; provided, however, that notwithstanding the foregoing, the Investor may, in its sole and absolute discretion, terminate this Agreement if the Company shall fail to maintain the listing of the Common Stock on a Principal Market, or if trading of the Common Stock on a Principal Market shall have been suspended for a period of ten (10) consecutive Trading Days.

Additional Events of Termination of Investor Obligation. The obligation of the Investor to purchase shares of Common Stock under this Agreement may, if the Investor in its sole and absolute discretion so elects, be terminated (including with respect to a Closing Date which has not yet occurred) in the event that (i) the Registration Statement shall not have been declared effective by the SEC on or before one hundred twenty (120) days from the Effective Datedate of this Agreement; (ii) there shall occur any stop order or suspension of the effectiveness of the Registration Statement or Warrant Registration Statement, or any withdrawal of the effectiveness of the Registration Statement or Warrant Registration Statement for a period greater than twenty (20) Trading Days in any Investment Period for any reason other than as a result of subsequent corporate developments which would require such Registration Statement or Warrant Registration Statement to be amended to reflect such event in order to maintain its compliance with the disclosure requirements of the Securities Act; or (iii) the Company shall at any time fail to comply with the requirements of Sections 6.2, 6.3, 6.4, 6.6 or 6.7 and the Company shall fail to cure such noncompliance within (A) five (5) Trading Days after receipt of notice from the Investor of its election to terminate this Agreement, provided that the Investor has been notified by the Company of such noncompliance within two (2) Trading Days of the occurrence of such noncompliance or, if the noncompliance relates to a failure of the Company to comply with the provisions of Section 6.6, the Investor otherwise becomes aware of such noncompliance or (B) otherwise within five (5) Trading Days of the occurrence of such noncompliance; provided, however, that notwithstanding the foregoing, the Investor may, in its sole and absolute discretion, terminate this Agreement if the Company shall fail to maintain the listing of the Common Stock on a Principal Market, or if trading of the Common Stock on a Principal Market shall have been suspended for a period of ten (10) consecutive Trading Days.

Additional Events of Termination of Investor Obligation. The obligation of the Investor to purchase shares of Common Stock under this Agreement may, if the Investor in its sole and absolute discretion so elects, be terminated (including with respect to a Closing Date which has not yet occurred) in the event that (i) the Registration Statement shall not have been declared effective by the SEC on or before one hundred twenty (120) days from the Effective Date; (ii) there shall occur any stop order or suspension of the effectiveness of the Registration Statement or Warrant Registration Statement, or any withdrawal of the effectiveness of the Registration Statement or Warrant Registration Statement for a period greater than twenty (20) Trading Days in any Investment Period for any reason other than as a result of subsequent corporate developments which would require such Registration Statement or Warrant Registration Statement to be amended to reflect such event in order to maintain its compliance with the disclosure requirements of the Securities Act; or (iii) the Company shall at any time fail to comply with the requirements of Sections Section 6.2, 6.3, 6.4, 6.5 or 6.6 or 6.7 and the Company shall fail to cure such noncompliance within (A) five (51) Trading Days if the noncompliance relates to a failure to comply with the provisions of Section 6.3, 6.4, 6.5 or 6.6, thirty (30) calendar days 9 13 after receipt of notice from the Investor of its election to terminate this Agreement or (2) if the noncompliance relates to a failure to comply with the provisions of Section 6.2, ninety (90) calendar days after receipt of notice from the Investor of its election to terminate this Agreement, provided in either case that the Investor has been notified by the Company of such noncompliance within two five (25) Trading Days of the Chief Executive Officer, Chief Financial Officer or Treasurer of the Company having become aware of the occurrence of such noncompliance or, if the noncompliance relates to a failure of the Company to comply with the provisions of Section 6.6, the Investor otherwise becomes aware of such noncompliance or (B) otherwise within five (5) Trading Days of the Chief Executive Officer, Chief Financial Officer or Treasurer of the Company having become aware of the occurrence of such noncompliance; provided, however, that notwithstanding the foregoing, the Investor may, in its sole and absolute discretion, terminate this Agreement if the Company shall fail to maintain the listing of the Common Stock on a Principal Market, or if trading of the Common Stock on a Principal Market shall have been suspended for a period of ten (10) consecutive Trading Days.