Common use of Draw Down Notice Clause in Contracts

Draw Down Notice. The Company, may, in its sole discretion, issue a Draw Down Notice (defined below) specifying the dollar amount of Shares it elects to sell to the Investor (each such election a “Draw Down”) up to a Draw Down Amount equal to the Maximum Draw Down Amount during the Commitment Period, which Draw Down the Investor will be obligated to accept. The Company shall inform the Investor in writing via e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.04, with a copy to the Investor’s counsel, as to such Draw Down Amount before commencement of trading on the first Trading Day of the related Draw Down Pricing Period (the “Draw Down Notice”). In addition to the Draw Down Amount, each Draw Down Notice shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Chief Financial Officer dated, as of the date of such Draw Down Notice, in the form of Exhibit C hereof.

Draw Down Notice. The CompanyDuring the Commitment Period, the Company may, in its sole discretion, issue a Draw Down Notice (defined below) specifying the dollar amount of Shares it elects to sell to the Investor (each such election a “Draw Down”) up to a Draw Down Amount equal to the Maximum Draw Down Amount during the Commitment PeriodAmount, which Draw Down the Investor will be obligated to accept. The Company shall inform the Investor in writing via e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.04, with a copy to the Investor’s counsel, as to such Draw Down Amount before commencement of trading on the first Trading Day of the related Draw Down Pricing Period (the “Draw Down Notice”). In addition to the Draw Down Amount, each Draw Down Notice shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Chief Financial Officer dated, and dated as of the date of such Draw Down Notice, in the form of Exhibit C hereof.

Draw Down Notice. The CompanyDuring the Commitment Period, the Company may, in its sole discretion, issue a Draw Down Notice (defined belowas hereinafter defined) specifying which shall specify the dollar amount of Shares it the Company elects to sell to the Investor (each such election election, a “Draw Down”) up to a Draw Down Amount equal to the Maximum Draw Down Amount during the Commitment PeriodAmount, which Draw Down the Investor will shall be obligated to accept. The Company shall inform the Investor in writing via by sending a duly completed Draw Down Notice (as hereinafter defined) in the form of Exhibit C hereto by e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.0410.4, with a copy to the Investor’s counsel, as to such Draw Down Amount before commencement of trading on the first Trading Day of the related Draw Down Pricing Period (the “Draw Down Notice”). In addition to the Draw Down Amount, each Draw Down Notice shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Chief Financial Officer datedOfficer, dated as of the date of such Draw Down Notice, in the form of Exhibit C D hereof.

Draw Down Notice. The CompanyDuring the Commitment Period, the Company may, in its sole discretion, issue a Draw Down Notice (defined belowas hereinafter defined) specifying which shall specify the dollar amount of Shares it the Company elects to sell to the Investor (each such election election, a “Draw Down”) up to a Draw Down Amount equal to the Maximum Draw Down Amount during the Commitment PeriodAmount, which Draw Down the Investor will shall be obligated to accept. The Company shall inform the Investor in writing via by sending a duly completed Draw Down Notice (as hereinafter defined) in the form of Exhibit C hereto by e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.0410.4, with a copy to the Investor’s counsel, as to such Draw Down Amount before commencement of trading on the first Trading Day of the related Draw Down Pricing Period (the “Draw Down Notice”). In addition to the Draw Down Amount, each Draw Down Notice shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Officer, Chief Financial Officer datedor Executive Vice President and General Counsel, dated as of the date of such Draw Down Notice, in the form of Exhibit C D hereof.

Draw Down Notice. The Company, may, in its sole discretion, issue a Draw Down Notice (defined below) specifying the dollar amount of Shares it elects to sell to the Investor (each such election a “Draw Down”) up to a Draw Down Amount equal to the Maximum Draw Down Amount during the Commitment Period, which Draw Down the Investor will be obligated to accept. The Company shall inform the Investor in writing via e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.04transmission, with a copy to the Investor’s counsel, as to such Draw Down Amount before commencement of trading on the first Trading Day of the related Draw Down Pricing Period (the “Draw Down Notice”). In addition to the Draw Down Amount, each Draw Down Notice shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Chief Financial Officer dated, as of the date of such Draw Down Notice, in the form of Exhibit C hereof.

Draw Down Notice. The CompanyDuring the Commitment Period, the Company may, in its sole discretion, issue a Draw Down Notice (defined belowas hereinafter defined) specifying which shall specify the dollar amount of Shares it the Company elects to sell to the Investor (each such election election, a “Draw Down”) up to a Draw Down Amount equal to the Maximum Draw Down Amount during the Commitment PeriodAmount, which Draw Down the Investor will shall be obligated to accept. The Company shall inform the Investor in writing via by sending a duly completed Draw Down Notice (as hereinafter defined) in the form of Exhibit C hereto by e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.0410.4, with a copy to the Investor’s counsel, as to such Draw Down Amount before commencement of trading on the first Trading Day of the related Draw Down Pricing Period (the “Draw Down Notice”). In addition to the Draw Down Amount, each Draw Down Notice shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Officer, Chief Financial Officer datedor General Counsel, dated as of the date of such Draw Down Notice, in the form of Exhibit C D hereof.

Draw Down Notice. The Company, may, in its sole discretion, issue a Draw Down Notice (defined below) specifying the dollar amount of Shares it elects to sell to the Investor (each such election a “Draw Down”) up to a Draw Down Amount equal to the Maximum Draw Down Amount during the Commitment Period, which Draw Down the Investor will be obligated to accept. The Company shall inform the Investor in writing via e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.04transmission, with a copy to the Investor’s counsel, as to such Draw Down Amount before commencement of trading on the first Trading Day of the related Draw Down Pricing Period (the “Draw Down Notice”). In addition to the Draw Down Amount, each Draw Down Notice shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Chief Financial Officer dated, as of the date of such Draw Down Notice, in the form of Exhibit C hereof.

Draw Down Notice. The Company, may, in its sole discretion, issue a Draw Down Notice (defined below) specifying the dollar amount of Shares it elects with respect to sell to the Investor (each such election a “Draw Down”) Down up to a Draw Down Amount equal to the Maximum Draw Down Amount (each, a "Draw Down") during the Commitment Period, which Draw Down the Investor will be obligated to accept. The Company shall inform the Investor in writing via e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.04transmission, with a copy to the Investor’s 's counsel, as to such the Draw Down Amount the Company wishes to exercise before commencement of trading on the first Trading Day of the related any Draw Down Pricing Period (the “"Draw Down Notice”"). In addition to the Draw Down Amount, each Draw Down Notice shall specify the Threshold Price in respect of the applicable Draw Down and shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount or shall the aggregate of all Draw Down Amounts exceed the Maximum Commitment Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Chief Financial Officer dated, as of the date of such Draw Down Notice, in the form of Exhibit C hereof.

Draw Down Notice. The Company, may, in its sole discretion, issue a Draw Down Notice (defined below) specifying the dollar amount of Shares it elects with respect to sell to the Investor (each such election a “Draw Down”) Down up to a Draw Down Amount equal to the Maximum Draw Down Amount (each, a “Draw Down”) during the Commitment Period, which Draw Down the Investor will be obligated to accept. The Company shall inform the Investor in writing via e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.04transmission, with a copy to the Investor’s counsel, as to such the Draw Down Amount the Company wishes to exercise before commencement of trading on the first Trading Day of the related any Draw Down Pricing Period (the “Draw Down Notice”). In addition to the Draw Down Amount, each Draw Down Notice shall specify the Threshold Price in respect of the applicable Draw Down and shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Chief Financial Officer dated, as of the date of such Draw Down Notice, in the form of Exhibit C hereof.

Draw Down Notice. The Company, may, in its sole discretion, issue a Draw Down Notice (defined below) specifying the dollar amount of Shares it elects with respect to sell to the Investor (each such election a “Draw Down”) Down up to a Draw Down Amount equal to the Maximum Draw Down Amount (each, a "DRAW DOWN") during the Commitment Period, which Draw Down the Investor will be obligated to accept. The Company shall inform the Investor in writing via e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.04transmission, with a copy to the Investor’s 's counsel, as to such the Draw Down Amount the Company wishes to exercise before commencement of trading on the first Trading Day of the related any Draw Down Pricing Period (the “Draw Down Notice”"DRAW DOWN NOTICE"). In addition to the Draw Down Amount, each Draw Down Notice shall specify the Threshold Price in respect of the applicable Draw Down and shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount be less than the Minimum Draw Down Amount or exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Chief Financial Officer dated, as of the date of such Draw Down Notice, in the form of Exhibit EXHIBIT C hereof.

Draw Down Notice. The CompanyDuring the Commitment Period, the Company may, in its sole discretion, issue a Draw Down Notice (defined below) specifying as hereinafter defined), which shall specify the dollar amount of Shares it the Company elects to sell to the Investor (each such election a “Draw Down”) up to a Draw Down Amount equal to the Maximum Draw Down Amount during the Commitment PeriodAmount, which Draw Down the Investor will shall be obligated to accept. The Company shall inform the Investor in writing via by sending a duly completed Draw Down Notice (as hereinafter defined) in the form of Exhibit C hereto by e-mail to the addresses set forth in Section 10.04 and via by facsimile transmission to the number set forth in Section 10.04, with a copy to the Investor’s counsel, as to such Draw Down Amount before commencement of trading on the first Trading Day of the related Draw Down Pricing Period (the “Draw Down Notice”). In addition to the Draw Down Amount, each Draw Down Notice shall designate the first Trading Day of the Draw Down Pricing Period and the Threshold Price with respect to such Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Chief Financial Officer dated, and dated as of the date of such Draw Down Notice, in the form of Exhibit C D hereof.

Draw Down Notice. The CompanyDuring the Commitment Period, the Company may, in its sole discretion, issue a Draw Down Notice (defined below) specifying which shall specify the dollar amount in one or more multiples of $500,000 of Shares it the Company elects to sell to the Investor (each such election election, a “Draw Down”) up to a Draw Down Amount equal to the Maximum Draw Down Amount during the Commitment PeriodAmount, which Draw Down the Investor will shall be obligated to accept. The Company shall inform the Investor in writing via e-mail by sending a duly completed Draw Down Notice in the form of Exhibit C hereto by hand delivery to the addresses set forth in Section 10.04 and via facsimile transmission (or by e-mail to an address separately furnished to the number set forth in Section 10.04Company), with a copy to the Investor’s counsel, as to such Draw Down Amount before commencement of trading on the first Trading Day of the related Draw Down Pricing Period (the “Draw Down Notice”). In addition to the Draw Down Amount, each Draw Down Notice shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount, nor shall the aggregate Draw Down Amounts exceed the Maximum Commitment Amount. Each Draw Down Notice shall be accompanied by a certificate, certificate signed by the Chief Executive Financial Officer or Chief Financial Officer datedthe Executive Vice President, dated as of the date of such Draw Down Notice, in the form of Exhibit C D hereof.

Draw Down Notice. The CompanyDuring the Commitment Period, the Company may, in its sole discretion, issue a Draw Down Notice (defined belowas hereinafter defined) specifying which shall specify the dollar amount of Shares it the Company elects to sell to the Investor (each such election election, a “Draw Down”) up to a Draw Down Amount equal to the Maximum Draw Down Amount during the Commitment PeriodAmount, which Draw Down the Investor will shall be obligated to accept. The Company shall inform the Investor in writing via by sending a duly completed Draw Down Notice (as hereinafter defined) in the form of Exhibit C hereto by e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.0410.4, with a copy to the Investor’s counsel, as to such Draw Down Amount before commencement of trading on the first Trading Day of the related Draw Down Pricing Period (the “Draw Down Notice”). In addition to the Draw Down Amount, each Draw Down Notice shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Chief Financial Officer dated, as of the date of such Draw Down Notice, in the form of Exhibit C D hereof.

Draw Down Notice. The CompanyDuring the Commitment Period, the Company may, in its sole discretion, issue a Draw Down Notice (defined belowas hereinafter defined) specifying which shall specify the dollar amount of Shares it elects the Company intends to sell to raise from the Investor from the sale of Common Stock hereunder (each such election capital raising transaction, a “Draw Down”) up to a Draw Down Amount equal to the Maximum Draw Down Amount during the Commitment Period, which Draw Down the Amount. The Investor will shall be obligated to acceptaccept each Draw Down initiated by the Company, subject to the terms and conditions hereinafter provided. The Company shall inform the Investor in writing via by sending a duly completed notice in the form of Exhibit C hereto (each, a “Draw Down Notice”) by e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.0410.4, with a copy to the Investor’s counsel, as to such Draw Down Amount before commencement of trading on the first Trading Day of the related Draw Down Pricing Period (the “Draw Down Notice”)Period. In addition to the Draw Down Amount, each Draw Down Notice shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Chief Financial Officer datedOfficer, dated as of the date of such Draw Down Notice, in the form of Exhibit C D hereof.

Draw Down Notice. The Company, may, in its sole discretion, issue a Draw Down Notice (defined below) specifying the dollar amount of Shares it elects with respect to sell to the Investor (each such election a “Draw Down”) Down up to a Draw Down Amount equal to the Maximum Draw Down Amount (each, a "DRAW DOWN") during the Commitment Period, which Draw Down the Investor will be obligated to accept. The Company shall inform the Investor in writing via e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.04transmission, with a copy to the Investor’s 's counsel, as to such the Draw Down Amount the Company wishes to exercise before commencement of trading on the first Trading Day of the related any Draw Down Pricing Period (the “Draw Down Notice”"DRAW DOWN NOTICE"). In addition to the Draw Down Amount, each Draw Down Notice shall specify the Threshold Price in respect of the applicable Draw Down and shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Chief Financial Officer dated, as of the date of such Draw Down Notice, in the form of Exhibit EXHIBIT C hereof.

Draw Down Notice. The Company, may, in its sole discretion, issue a Draw Down Notice (defined below) specifying the dollar amount of Shares it elects with respect to sell to the Investor (each such election a “Draw Down”) Down up to a Draw Down Amount equal to the Maximum Draw Down Amount (each, a "Draw Down") during the Commitment Period, which Draw Down the Investor will be obligated to accept. The Company shall inform the Investor in writing via e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.04transmission, with a copy to the Investor’s 's counsel, as to such the Draw Down Amount the Company wishes to exercise before commencement of trading on the first Trading Day of the related any Draw Down Pricing Period (the “"Draw Down Notice”"). In addition to the Draw Down Amount, each Draw Down Notice shall specify the Threshold Price in respect of the applicable Draw Down and shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Chief Financial Officer dated, as of the date of such Draw Down Notice, in the form of Exhibit C hereof.

Draw Down Notice. The CompanyDuring the Commitment Period, the Company may, in its sole discretion, issue a Draw Down Notice (defined belowas hereinafter defined) specifying which shall specify the dollar amount of Shares it the Company elects to sell to the Investor (each such election election, a “Draw Down”) up to a Draw Down Amount equal to the Maximum Draw Down Amount during the Commitment PeriodAmount, which Draw Down the Investor will shall be obligated to accept. The Company shall inform the Investor in writing via by sending a duly completed Draw Down Notice (as hereinafter defined) in the form of Exhibit C hereto by e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.0410.4, with a copy to the Investor’s counsel, as to such Draw Down Amount before commencement of trading on the first Trading Day of the related Draw Down Pricing Period (the “Draw Down Notice”). In addition to the Draw Down Amount, each Draw Down Notice shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Officer, Chief Financial Officer datedOfficer, dated as of the date of such Draw Down Notice, in the form of Exhibit C D hereof.

Draw Down Notice. The CompanyTrust, may, in its sole discretion, issue a Draw Down Notice (defined below) specifying the dollar amount of Shares it elects with respect to sell to the Investor (each such election a “Draw Down”) Down up to a Draw Down Amount equal to the Maximum Draw Down Amount (each, a “Draw Down”) during the Commitment Period, which Draw Down the Investor will be obligated to accept. The Company Trust shall inform the Investor in writing via e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.04transmission, with a copy to the Investor’s counsel, as to such the Draw Down Amount the Trust desires to exercise before commencement of trading on the first Trading Day of the related any Draw Down Pricing Period (the “Draw Down Notice”). In addition to the Draw Down Amount, each Draw Down Notice shall specify the Threshold Price in respect of the applicable Draw Down and shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Chief Financial Officer dated, as of the date of such Draw Down Notice, in the form of Exhibit C hereof.

Draw Down Notice. The CompanyDuring the Commitment Period, the Company may, in its sole discretion, issue a Draw Down Notice (defined belowas hereinafter defined) specifying which shall specify the dollar amount of Shares it the Company elects to sell to the Investor (each such election election, a “Draw Down”) up to a Draw Down Amount equal to the Maximum Draw Down Amount during the Commitment PeriodAmount, which Draw Down the Investor will shall be obligated to accept. The Company shall inform the Investor in writing via by sending a duly completed Draw Down Notice in the form of Exhibit C hereto by e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.0410.4, with a copy to the Investor’s counsel, as to such Draw Down Amount before commencement of trading on the first Trading Day of the related Draw Down Pricing Period (the “Draw Down Notice”). In addition to the Draw Down Amount, each Draw Down Notice shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Chief Financial Officer datedOfficer, dated as of the date of such Draw Down Notice, in the form of Exhibit C D hereof.

Draw Down Notice. The CompanyDuring the Commitment Period, the Company may, in its sole discretion, issue a Draw Down Notice (defined below) specifying which shall specify the dollar amount in one or more multiples of $500,000 of Shares it the Company elects to sell to the Investor (each such election election, a “"Draw Down”") up to a Draw Down Amount equal to the Maximum Draw Down Amount during the Commitment PeriodAmount, which Draw Down the Investor will shall be obligated to accept. The Company shall inform the Investor in writing via e-mail by sending a duly completed Draw Down Notice in the form of Exhibit C hereto by hand delivery to the addresses set forth in Section 10.04 and via facsimile transmission (or by e-mail to an address separately furnished to the number set forth in Section 10.04Company), with a copy to the Investor’s 's counsel, as to such Draw Down Amount before commencement of trading on the first Trading Day of the related Draw Down Pricing Period (the “"Draw Down Notice”"). In addition to the Draw Down Amount, each Draw Down Notice shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount, nor shall the aggregate Draw Down Amounts exceed the Maximum Commitment Amount. Each Draw Down Notice shall be accompanied by a certificate, certificate signed by the Chief Executive Financial Officer or Chief Financial Officer datedthe Executive Vice President, dated as of the date of such Draw Down Notice, in the form of Exhibit C D hereof.

Draw Down Notice. The CompanyDuring the Commitment Period, the Company may, in its sole discretion, issue a Draw Down Notice (defined belowas hereinafter defined) specifying which shall specify the dollar amount of Shares it the Company elects to sell to the Investor (each such election election, a “Draw Down”) up to a Draw Down Amount equal to the Maximum Draw Down Amount during the Commitment PeriodAmount, which Draw Down the Investor will shall be obligated to accept. The Company shall inform the Investor in writing via by sending a duly completed Draw Down Notice (as hereinafter defined) in the form of Exhibit C hereto by e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.04, with a copy to the Investor’s counsel10.4, as to such Draw Down Amount before commencement of trading on the first Trading Day of the related Draw Down Pricing Period (the “Draw Down Notice”). In addition to the Draw Down Amount, each Draw Down Notice shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Chief Financial Officer datedOfficer, dated as of the date of such Draw Down Notice, in the form of Exhibit C D hereof.

Draw Down Notice. The CompanyDuring the Commitment Period, the Company may, in its sole discretion, issue a Draw Down Notice (defined belowas hereinafter defined) specifying which shall specify the dollar amount of Shares it elects the Company intends to sell raise from the sale to the Investor of Common Stock hereunder (each such election capital raising transaction, a “Draw Down”) up to a Draw Down Amount equal to the Maximum Draw Down Amount during the Commitment Period, which Draw Down the Amount. The Investor will shall be obligated to acceptaccept each Draw Down initiated by the Company, subject to the terms and conditions hereinafter provided. The Company shall inform the Investor in writing via by sending a duly completed notice in the form of Exhibit B hereto (each, a “Draw Down Notice”) by e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.0410.4, with a copy to the Investor’s counsel, as to such Draw Down Amount before commencement of trading on the first Trading Day of the related Draw Down Pricing Period (the “Draw Down Notice”)Period. In addition to the Draw Down Amount, each Draw Down Notice shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Officer, Chief Financial Officer datedor General Counsel, dated as of the date of such Draw Down Notice, in the form of Exhibit C hereof.

Draw Down Notice. The Company, may, in its sole discretion, issue a Draw Down Notice (defined below) specifying the dollar amount of Shares it elects with respect to sell to the Investor (each such election a “Draw Down”) Down up to a Draw Down Amount equal to the Maximum Draw Down Amount (each, a "Draw Down") during the Commitment any Draw Down Pricing Period, which Draw Down the Investor Purchaser will be obligated to accept. The Company shall inform the Investor in writing via e-mail to the addresses set forth in Section 10.04 and Purchaser via facsimile transmission to the number set forth in Section 10.04transmission, with a copy to the Investor’s Purchaser's counsel, as to such the Draw Down Amount the Company wishes to exercise before commencement of trading on the first Trading Day of the related any Draw Down Pricing Period (the “"Draw Down Notice”"). In addition to the Draw Down Amount, each Draw Down Notice shall specify the Threshold Price in respect of the applicable Draw Down and shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount be less than the Minimum Draw Down Amount or exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Chief Financial Officer dated, as of the date of such Draw Down Notice, in the form of Exhibit C hereof.

Draw Down Notice. The Company, Company may, in its sole discretion, issue a Draw Down Notice (defined below) specifying the dollar amount of Shares it elects to sell to the Investor (each such election a “Draw Down”) up to a Draw Down Amount equal to the Maximum Draw Down Amount during the Commitment PeriodAmount, which Draw Down the Investor will be obligated to accept. The Company shall inform the Investor in writing writing, via e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.04, with a copy to the Investor’s counsel, as to such Draw Down Amount before commencement of trading on the first Trading Day of the related Draw Down Pricing Period (the “Draw Down Notice”). In addition to the Draw Down Amount, each Draw Down Notice shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Chief Financial Officer and dated, as of the date of such Draw Down Notice, in the form of Exhibit C hereof.

Draw Down Notice. The Company, Company may, in its sole discretion, issue a Draw Down Notice (defined below) specifying the dollar amount of Shares it elects to sell raise by selling Shares to the Investor (each such election a “Draw Down”) up to a Draw Down Amount equal to the Maximum Draw Down Amount during the Commitment PeriodAmount, which Draw Down the Investor will be obligated to accept. The Company shall inform the Investor in writing writing, via e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.04, with a copy to the Investor’s counsel, as to such Draw Down Amount before commencement of trading on the first Trading Day of the related Draw Down Pricing Period (the “Draw Down Notice”). In addition to the Draw Down Amount, each Draw Down Notice shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Chief Financial Officer and dated, as of the date of such Draw Down Notice, in the form of Exhibit C hereof.

Draw Down Notice. The CompanyDuring the Commitment Period, the Company may, in its sole discretion, issue a Draw Down Notice (defined below) specifying as hereinafter defined), which shall specify the dollar amount of Shares it the Company elects to sell to the Investor (each such election a “Draw Down”) up to a Draw Down Amount equal to the Maximum Draw Down Amount during the Commitment PeriodAmount, which Draw Down the Investor will shall be obligated to accept. The Company shall inform the Investor in writing via by sending a duly completed Draw Down Notice (as hereinafter defined) in the form of Exhibit C hereto by e-mail to the addresses set forth in Section 10.04 and via by facsimile transmission to the number set forth in Section 10.04, with a copy to the Investor’s counsel, as to such Draw Down Amount before commencement of trading on the first Trading Day of the related Draw Down Pricing Period (the “Draw Down Notice”). In addition to the Draw Down Amount, each Draw Down Notice shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Chief Financial Officer dated, and dated as of the date of such Draw Down Notice, in the form of Exhibit C D hereof.

Draw Down Notice. The CompanyDuring the Commitment Period, the Company may, in its sole discretion, issue a Draw Down Notice (defined belowas hereinafter defined) specifying which shall specify the dollar amount of Shares it the Company elects to sell to the Investor (each such election election, a “Draw Down”) up to a Draw Down Amount equal to the Maximum Draw Down Amount during the Commitment PeriodAmount, which Draw Down the Investor will shall be obligated to accept. The Company shall inform the Investor in writing via by sending a duly completed Draw Down Notice (as hereinafter defined) in the form of Exhibit C hereto by e-mail to the addresses set forth in Section 10.04 and via facsimile transmission to the number set forth in Section 10.0410.4, with a copy to the Investor’s counsel, as to such Draw Down Amount before commencement of trading on the first Trading Day of the related Draw Down Pricing Period (the “Draw Down Notice”). In addition to the Draw Down Amount, each Draw Down Notice shall designate the first Trading Day of the Draw Down Pricing Period. In no event shall any Draw Down Amount exceed the Maximum Draw Down Amount. Each Draw Down Notice shall be accompanied by a certificate, signed by the Chief Executive Officer or Officer, Chief Financial Officer datedOfficer, President or Vice President and Controller, dated as of the date of such Draw Down Notice, in the form of Exhibit C D hereof.