Common use of Compliance with Call Notice Clause in Contracts

Compliance with Call Notice. During the Call Period, the Holder shall exercise this Warrant and purchase the Called Warrant Shares as provided herein. If the Holder fails to timely exercise the Warrant for a number of Warrant Shares equal to number of Called Warrant Shares during the Call Period, the Company’s sole remedy shall be to cancel an amount of called Warrant Shares equal to such shortfall, with the Warrant no longer being exercisable with respect to such Warrant Shares (for avoidance of doubt, such remedy shall be available if, and only if, the Trigger Condition relied upon for the Warrant Call continues to apply through the entirety of the Call Period). The “Call Period” shall be a period of thirty Trading Days following the Call Date, provided the Call Period will be extended for one Trading Day for each Trading Day during the Call Period during which the VWAP of the Common Stock as reported for the Principal Market is less than two hundred and twenty-five percent (225%) of the Exercise Price then in effect.

Compliance with Call Notice. During the Call Period, the Holder shall exercise this Warrant and purchase the Called Warrant Shares as provided herein. If the Holder fails to timely exercise the Warrant for a number of Warrant Shares equal to number of Called Warrant Shares during the Call Period, the Company’s sole remedy shall be to cancel an amount of called Warrant Shares equal to such shortfall, with the Warrant no longer being exercisable with respect to such Warrant Shares (for avoidance of doubt, such remedy shall be available if, and only if, the Trigger Condition relied upon for the Warrant Call continues to apply through the entirety of the Call Period). The “Call Period” shall be a period of thirty Trading Days following the Call Date, provided the Call Period will be extended for one Trading Day for each Trading Day during the Call Period during which the VWAP of the Common Stock as reported for the Principal Market is less than two hundred and twenty-five percent (225%) of the Exercise Price then in effect.