Delivery of Placement Notice. On any Trading Day during the Commitment Period on which (i) the conditions set forth in Section 10 have been satisfied and (ii) with respect to any Forward, no event described in clause (x) or clause (y) of the proviso set forth in the definition of a Forward Hedge Selling Period shall have occurred, the Company may issue (in the case of an Issuance) and sell or cause to be sold the Shares hereunder (each, a “Placement”) by the delivery of a notice to an Agent (in the case of an Issuance) or to a Forward Seller and the applicable Forward Purchaser (in the case of a Forward) in the form of an email (or other method mutually agreed to in writing by the parties) containing the parameters in accordance with which it desires the Shares to be sold, which shall specify whether it relates to an “Issuance” or a “Forward” and shall include the maximum number of Shares to be sold (the “Placement Shares”), the time period during which sales are requested to be made, any limitation on the number of Shares that may be sold in any one day, any minimum price per Share below which sales may not be made or a formula pursuant to which such minimum price shall be determined and, as applicable, certain specified terms of the Forward (a “Placement Notice”), a form of which containing such necessary minimum sales parameters is attached hereto as Exhibit A. The Placement Notice shall originate from any of the individuals from the Company set forth on Exhibit B (with a copy to each of the other individuals from the Company set forth on such exhibit) and shall be addressed to each of the individuals from the applicable Agent or the applicable Forward Seller and Forward Purchaser set forth on Exhibit B, as such Exhibit B may be amended from time to time.
Delivery of Placement Notice. No Placement Notice may be delivered hereunder (i) other than on a Trading Day during the Commitment Period, (ii) if the Selling Period specified therein would overlap in whole or in part with any Selling Period specified in any other Placement Notice (as amended by the corresponding Acceptance in the case of a Forward, if applicable) delivered hereunder unless the Shares to be sold under all such previously delivered Placement Notices have all been sold or (iii) if any Selling Period specified therein would overlap in whole or in part with any Unwind Period under (and as defined in) any Forward Contract entered into between the Company and the Forward Purchaser, and no Placement Notice specifying that it relates to a “Forward” may be delivered if such Placement Notice, together with all prior Placement Notices (as amended by the corresponding Acceptance in the case of a Forward, if applicable) delivered by the Company relating to a “Forward” hereunder or any “Forward” under any Alternative Sales Agency Agreements, would result in the sum of the number of Shares issued under all Forward Contracts (entered into in connection with any Sales Agency Agreements) that have settled, plus the aggregate Capped Number under all Forward Contracts (entered into in connection with any Sales Agency Agreements) then outstanding or to be entered into between the Company and the Forward Purchaser (or any forward purchaser in connection with any Alternative Sales Agency Agreement) exceeding 19.99% of the number of shares of Common Stock outstanding as of the date of this Agreement.
Delivery of Placement Notice. Subject to and in accordance with the terms, conditions and provisions of this Agreement, the Investor hereby agrees to purchase, pursuant to the Initial Direct Placement, CDN$3,000,000 of Common Shares, which at the date hereof would represent 1,630,434 Common Shares at CDN$1.84 per Common Share. The final subscription price for such Common Shares and the final number of Common Shares, shall be adjusted, if necessary, in the final and relevant documents relating to such subscription, as set out herein. The Placement Pricing Period for the Initial Direct Placement shall be 10 Trading Days. Subject to the satisfaction (or waiver in writing by the Investor) of the conditions set forth in clause Error! Reference source not found., on any Trading Day during the Commitment Period, the Company shall be entitled (but in no circumstances obligated) to issue a Placement Notice to the Investor, and, if such Placement Notice is issued, shall provide a copy of such Placement Notice to the Share Lenders. The Placement Notice shall be completed as required and duly executed and shall:
