Common use of Compliance with Exchanges Rules Clause in Contracts

Compliance with Exchanges Rules. Notwithstanding anything in this Agreement to the contrary, and in addition to the limitations set forth in Sections 1(e) and 1(j), the total number of Common Shares that may be issued under this Agreement, including the Commitment Shares (as defined in Section 4(e) hereof), shall be limited to 6,041,567 Common Shares (the “Exchange Cap”), which equals 24.99% of the Company’s outstanding Common Shares as of the date hereof, unless disinterested shareholder approval is obtained to issue more than such 24.99%. Notwithstanding the foregoing, the Company shall not be required or permitted to issue, and the Buyer shall not be required to purchase, any Common Shares under this Agreement if such issuance would violate the rules or regulations of the Exchanges. The Company may, in its sole discretion, determine whether to obtain disinterested shareholder approval to issue more than 24.99% of its outstanding Common Shares hereunder.

Compliance with Exchanges Rules. Notwithstanding anything in this Agreement to the contrary, and in addition to the limitations set forth in Sections 1(e) and 1(j), the total number of Common Shares that may be issued under this Agreement, including the Commitment Shares (as defined in Section 4(e) hereof), shall be limited to 6,041,567 7,784,444 Common Shares (the “Exchange Cap”), which equals 24.99% of the Company’s outstanding Common Shares as of the date hereof, unless disinterested shareholder approval is obtained to issue more than such 24.99%. Notwithstanding the foregoing, the Company shall not be required or permitted to issue, and the Buyer shall not be required to purchase, any Common Shares under this Agreement if such issuance would violate the rules or regulations of the Exchanges. The Company may, in its sole discretion, determine whether to obtain disinterested shareholder approval to issue more than 24.99% of its outstanding Common Shares hereunder.

Compliance with Exchanges Rules. Notwithstanding anything in this Agreement to the contrary, and in addition to the limitations set forth in Sections 1(e) and 1(j), the total number of Common Shares that may be issued under this Agreement, including the Commitment Shares (as defined in Section 4(e) hereof), shall be limited to 6,041,567 9,729,777 Common Shares (the “Exchange Cap”), which equals 24.99% of the Company’s outstanding Common Shares as of the date hereof, unless disinterested shareholder approval is obtained to issue more than such 24.99%. Notwithstanding the foregoing, the Company shall not be required or permitted to issue, and the Buyer shall not be required to purchase, any Common Shares under this Agreement if such issuance would violate the rules or regulations of the Exchanges. The Company may, in its sole discretion, determine whether to obtain disinterested shareholder approval to issue more than 24.99% of its outstanding Common Shares hereunder.