Common use of Due Diligence Out Clause in Contracts

Due Diligence Out. If the due diligence investigations performed by the Agents and/or their representatives reveal any material information or fact not generally known to the public which might, in the Agents’ sole opinion, adversely affect the market price of the Company’s Common Shares, quality of the investment or marketability of the Offering, the Agents shall be entitled, at their sole option and in accordance with subparagraph 7(h) of this Agreement, to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase Common Shares) by written notice to that effect given to the Company any time prior to the Closing Time.

Due Diligence Out. If In the event that the due diligence investigations performed by the Agents and/or their representatives reveal reveals any material information or fact not generally known to the public which might, in the Agents’ sole opinion, acting reasonably, adversely affect the market price of the securities of the Company’s Common Shares, quality of the investment or marketability of the Offering, the Agents shall be entitled, at their sole option and in accordance with subparagraph 7(h9(h) of this Agreement, to terminate their its obligations under this Agreement (and the obligations of the Purchasers arranged by them it to purchase Common SharesUnits) by written notice to that effect given to the Company any time prior to the Closing Time.

Due Diligence Out. If In the event that the due diligence investigations performed by the Agents and/or their respective representatives reveal any material information or fact not generally known to the public which might, in the Agents’ sole opinionopinion (or any one of them), acting reasonably, adversely affect the market price of the Company’s Common Shares, quality of the investment or marketability of the Offering, the Agents (or any of them) shall be entitled, at their sole option and in accordance with subparagraph 7(hSection 8(h) of this Agreement, to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase Common Sharesthe Units) by written notice to that effect given to the Company any time prior to the Closing Time.

Due Diligence Out. If In the event that the due diligence investigations performed by the Agents and/or their representatives reveal reveals any material information or fact not generally known to the public publicly disclosed which might, in the Agents’ sole opinion, acting reasonably, adversely affect the market price of the securities of the Company’s Common Shares, quality of the investment or marketability of the Offering, the Agents shall be entitled, at their sole option and in accordance with subparagraph 7(h11(h) of this Agreement, to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them it to purchase Common Sharesthe Special Warrants) by written notice to that effect given to the Company any time prior to the Closing Time.

Due Diligence Out. If In the event that the due diligence investigations performed by the Agents and/or their representatives reveal any material information or fact not generally known to the public which might, in the Agents’ sole opinion, adversely affect the market price of the Company’s Common Shares, quality of the investment or marketability of the Offering, the Agents shall be entitled, at their sole option and in accordance with subparagraph 7(h) of this Agreement, to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase Common Shares) by written notice to that effect given to the Company any time prior to the Closing Time.

Due Diligence Out. If In the event that the due diligence investigations performed by the Agents and/or their representatives reveal reveals any material information or fact not generally known to the public which might, in the Agents’ sole opinion, acting reasonably, adversely affect the market price of the securities of the Company’s Common Shares, quality of the investment or marketability of the Offering, the Agents shall be entitled, at their sole option and in accordance with subparagraph 7(h9(h) of this Agreement, to terminate their its obligations under this Agreement (and the obligations of the Purchasers arranged by them it to purchase Common SharesSpecial Warrants) by written notice to that effect given to the Company any time prior to the Closing Time.

Due Diligence Out. If In the event that the due diligence investigations performed by the Agents Agent and/or their representatives reveal reveals any material information or fact not generally known to the public publicly disclosed which might, in the Agents’ Agent's sole opinion, acting reasonably, adversely affect the market price of the securities of the Company’s Common Shares, quality of the investment or marketability of the Offering, the Agents Agent shall be entitled, at their its sole option and in accordance with subparagraph 7(h10(h) of this Agreement, to terminate their its obligations under this Agreement (and the obligations of the Purchasers arranged by them it to purchase Common SharesUnits) by written notice to that effect given to the Company any time prior to the Closing Time.

Due Diligence Out. If In the event that the due diligence investigations performed by the Agents Agent and/or their representatives reveal reveals any material information or fact not generally known to the public which might, in the Agents’ Agent’s sole opinion, acting reasonably, adversely affect the market price of the securities of the Company’s Common Shares, quality of the investment or marketability of the Offering, the Agents Agent shall be entitled, at their its sole option and in accordance with subparagraph 7(h10(h) of this Agreement, to terminate their its obligations under this Agreement (and the obligations of the Purchasers arranged by them it to purchase Common SharesSubscription Receipts) by written notice to that effect given to the Company any time prior to the Closing Time.

Due Diligence Out. If In the event that the due diligence investigations performed by the Agents Agent and/or their its representatives reveal any material information or fact not generally known to the public which might, in the Agents’ Agent’s sole opinion, acting reasonably, adversely affect the market price of the Company’s Common Shares, quality of the investment or marketability of the Offering, the Agents Agent shall be entitled, at their its sole option and in accordance with subparagraph subsection 7(h) of this Agreement, to terminate their obligations its obligation under this Agreement (and the obligations of the Purchasers arranged by them it to purchase Common Sharesthe Units) by written notice to that effect given to the Company any time prior to the Closing TimeTime on the Closing Date.