Common use of Change in Material Fact Clause in Contracts

Change in Material Fact. In the event that prior to the Closing Time, the Agents or the Agents’ representatives, through their due diligence investigations, or otherwise discover or there should occur a material change or a change in any material fact or new material fact shall arise, which, in the sole opinion of the Agents has or could be expected to have a significant adverse effect on the market price or value of the securities of the Company, the Agents shall be entitled, at their sole option, in accordance with subparagraph 9(h), to terminate its obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase Special Warrants) by written notice to that effect given to the Company prior to the Closing Time.

Change in Material Fact. In the event that prior to the Closing Time, the Agents or the Agents’ representatives, through their due diligence investigations, or otherwise discover or there should occur a material change or a change in any material fact or new material fact shall arise, which, in the sole opinion of the Agents has or could be expected to have a significant adverse effect on the market price or value of the securities of the Company, the Agents shall be entitled, at their sole option, in accordance with subparagraph 9(h), to terminate its obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase Special WarrantsUnits) by written notice to that effect given to the Company prior to the Closing Time.

Change in Material Fact. In the event that prior to the Closing Time, the Agents or the Agents’ representatives, through their due diligence investigations, or otherwise discover or there should occur a material change or a change in any material fact or new material fact shall arise, which, in the sole opinion of the Agents has or could be expected to have a significant adverse effect on the market price or value of the securities of the Company, the Agents shall be entitled, at their sole option, in accordance with subparagraph 9(h11(h), to terminate its their obligations under this Agreement (and the obligations of the Purchasers arranged by them it to purchase the Special Warrants) by written notice to that effect given to the Company prior to the Closing Time.

Change in Material Fact. In the event that prior to the Closing Time, the Agents Agent or the Agents’ Agent's representatives, through their due diligence investigations, or otherwise discover or there should occur a material change or a change in any material fact or new material fact shall arise, which, in the sole opinion of the Agents Agent has or could be expected to have a significant adverse effect on the market price or value of the securities of the Company, the Agents Agent shall be entitled, at their its sole option, in accordance with subparagraph 9(h10(h), to terminate its obligations under this Agreement (and the obligations of the Purchasers arranged by them it to purchase Special WarrantsUnits) by written notice to that effect given to the Company prior to the Closing Time.