Common use of At the Market Sales Clause in Contracts

At the Market Sales. On the basis of the representations, warranties and agreements herein the Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it may issue and sell through the Agent, acting as sales agent, the Shares up to an aggregate offering price of US$30,000,000 (the “Offering Size”); provided, however, that in no event shall the Company issue or sell through the Agent such number of Shares that (a) exceeds the number or dollar amount of Common Shares registered on the Registration Statement, pursuant to which the Offering is being made, (b) exceeds the number of authorized but unissued Common Shares under the Company’s Articles of Incorporation, as amended or (c) would cause the Company or the offering of the Shares to not satisfy the eligibility and transaction requirements for use of Form F-3 (including, if then applicable, General Instruction I.B.5 of Form F-3) (the lesser of (a), (b) and (c), the “Maximum Amount”). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 3(a) on the number and aggregate sales price of Shares issued and sold under this Agreement shall be the sole responsibility of the Company and that Agent shall have no obligation in connection with such compliance.

At the Market Sales. On the basis of the representations, warranties and agreements herein the Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it may issue and sell through the Agent, acting as sales agent, the Shares up to having an aggregate offering price of US$30,000,000 up to $70,000,000 (the “Offering Size”); Size”); provided, however, that in no event shall the Company issue or sell through the Agent such number of Shares that (a) exceeds the number or dollar amount of shares of Common Shares Stock registered on the Registration Statement, Statement pursuant to which the Offering is being made, (b) exceeds the number of authorized but unissued shares of Common Shares Stock under the Company’s Articles Amended and Restated Certificate of Incorporation, as amended or (c) would cause the Company or the offering of the Shares Offering to not satisfy the eligibility and transaction requirements for use of Form F-3 S-3 (including, if then applicable, General Instruction I.B.5 I.B.6 of Form F-3S-3) (the lesser of (a), (b) and (c), the “Maximum Amount”). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 3(a2(a) on the number and aggregate sales price of Shares issued and sold under this Agreement shall be the sole responsibility of the Company and that the Agent shall have no obligation in connection with such compliance. Notwithstanding the foregoing, the Company agrees that it will provide the Agent with written notice no less than one (1) business day prior to the date on which it makes the initial sale of Shares under this Agreement.

At the Market Sales. On the basis of the representations, warranties and agreements herein the Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it may issue and sell through the Agent, acting as sales agent, the Shares up to having an aggregate offering price of US$30,000,000 up to $1,600,000 (the “Offering Size”); Size”); provided, however, that in no event shall the Company issue or sell through the Agent such number of Shares that (a) exceeds the number or dollar amount of shares of Common Shares Stock registered on the Registration Statement, Statement pursuant to which the Offering is being made, (b) exceeds the number of authorized but unissued shares of Common Shares Stock under the Company’s Articles Restated Certificate of Incorporation, as amended or (c) would cause the Company or the offering of the Shares Offering to not satisfy the eligibility and transaction requirements for use of Form F-3 S-3 (including, if then applicable, General Instruction I.B.5 I.B.6 of Form F-3S-3) (the lesser of (a), (b) and (c), the “Maximum Amount”). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 3(a2(a) on the number and aggregate sales price of Shares issued and sold under this Agreement shall be the sole responsibility of the Company and that the Agent shall have no obligation in connection with such compliance. Notwithstanding the foregoing, the Company agrees that it will provide the Agent with written notice no less than one (1) business day prior to the date on which it makes the initial sale of Shares under this Agreement.

At the Market Sales. On the basis of the representations, warranties and agreements herein the Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it may issue and sell through the Agent, acting as sales agent, the Shares up to an aggregate offering price of US$30,000,000 150,000,000 (the “Offering Size”); provided, however, that in no event shall the Company issue or sell through the Agent such number of Shares that (a) exceeds the number or dollar amount of Common Shares registered on the Registration Statement, pursuant to which the Offering is being made, (b) exceeds the number of authorized but unissued Common Shares under the Company’s Articles of Incorporation, as amended or (c) would cause the Company or the offering of the Shares to not satisfy the eligibility and transaction requirements for use of Form F-3 (including, if then applicable, General Instruction I.B.5 of Form F-3) (the lesser of (a), (b) and (c), the “Maximum Amount”). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 3(a) on the number and aggregate sales price of Shares issued and sold under this Agreement shall be the sole responsibility of the Company and that Agent shall have no obligation in connection with such compliance.

At the Market Sales. On the basis of the representations, warranties and agreements herein the Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it may issue and sell through the AgentAgents, acting as sales agent, the Shares up to an aggregate offering price of US$30,000,000 50,000,000 (the “Offering Size”); Size”); provided, however, that in no event shall the Company issue or sell through the Agent Agents such number of Shares that (a) exceeds the number or dollar amount of shares of Common Shares Stock registered on the Registration Statement, pursuant to which the Offering is being made, (b) exceeds the number of authorized but unissued shares of Common Shares Stock under the Company’s Restated Articles of Incorporation, as amended or (c) would cause the Company or the offering of the Shares to not satisfy the eligibility and transaction requirements for use of Form F-3 (including, if then applicable, General Instruction I.B.5 of Form F-3) F-3 (the lesser of (a), (b) and (c), the “Maximum Amount”)). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 3(a) on the number and aggregate sales price of Shares issued and sold under this Agreement shall be the sole responsibility of the Company and that Agent shall have no obligation in connection with such compliance.aggregate

At the Market Sales. On the basis of the representations, warranties and agreements herein herein, the Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it may issue and sell through the AgentAgents, acting as sales agent, the Shares up to an aggregate offering price of US$30,000,000 $50,000,000 of Shares (the “Offering Size”); Size); provided, however, that in no event shall the Company issue or sell through the Agent Agents such number of Shares that (a) exceeds the number or dollar amount of shares of Common Shares Stock registered on the Registration Statement, Registered Statement pursuant to which the Offering is being made, (b) exceeds the number of authorized but unissued shares of Common Shares Stock under the Company’s Articles Restated Certificate of Incorporation, as amended or (c) would cause the Company or the offering of the Shares Offering to not satisfy the eligibility and transaction requirements for use of Form F-3 S-3 (including, if then applicable, General Instruction I.B.5 I.B.6 of Form F-3S-3) (the lesser of (a), (b) and (c), the “Maximum Amount”). Notwithstanding anything the foregoing, the Company agrees that it will provide the Agents with written notice no less than one (1) business day prior to the contrary contained herein, date on which it makes the parties hereto agree that compliance with the limitations set forth in this Section 3(a) on the number and aggregate sales price initial sale of Shares issued and sold under this Agreement shall be the sole responsibility of or from time to time as agreed by the Company and that Agent shall have no obligation in connection with such compliancethe Agents.

At the Market Sales. On the basis of the representations, warranties and agreements herein the Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it may issue and sell through the Agent, acting as sales agent, the Shares up to having an aggregate offering price of US$30,000,000 up to $15,000,000 (the “Offering Size”); Size”); provided, however, that in no event shall the Company issue or sell through the Agent such number of Shares that (a) exceeds the number or dollar amount of shares of Common Shares Stock registered on the Registration Statement, Statement pursuant to which the Offering is being made, (b) exceeds the number of authorized but unissued shares of Common Shares Stock under the Company’s Articles Restated Certificate of Incorporation, as amended or (c) would cause the Company or the offering of the Shares Offering to not satisfy the eligibility and transaction requirements for use of Form F-3 S-3 (including, if then applicable, General Instruction I.B.5 I.B.6 of Form F-3S-3) (the lesser of (a), (b) and (c), the “Maximum Amount”). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 3(a2(a) on the number and aggregate sales price of Shares issued and sold under this Agreement shall be the sole responsibility of the Company and that the Agent shall have no obligation in connection with such compliance. Notwithstanding the foregoing, the Company agrees that it will provide the Agent with written notice no less than one (1) business day prior to the date on which it makes the initial sale of Shares under this Agreement.