Common use of Due Diligence Out Clause in Contracts

Due Diligence Out. In the event that the due diligence investigations performed by the Agents and/or their representatives reveals any material information or fact not publicly disclosed which might, in the Agents’ sole opinion, acting reasonably, adversely affect the market price of the securities of the Company, quality of the investment or marketability of the Offering, the Agents shall be entitled, at their sole option and in accordance with subparagraph 11(h) of this Agreement, to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by it to purchase the Special Warrants) by notice to that effect given to the Company any time prior to the Closing Time.

Due Diligence Out. In the event that the due diligence investigations performed by the Agents Agent and/or their the Agent’s representatives reveals reveal any material information or fact not publicly disclosed 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 CompanyOffered Securities, 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 11(h) subsection 15.8 of this Agreement, to terminate their its obligations under this Agreement (and the obligations of the Purchasers arranged by it to purchase the Special WarrantsOffered Securities) by written notice to that effect given to the Company Corporation any time prior to the Closing TimeDate.

Due Diligence Out. In the event that the due diligence investigations performed by the Agents Agent and/or their representatives reveals any material information or fact not publicly disclosed 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, 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 11(h10(h) of this Agreement, to terminate their its obligations under this Agreement (and the obligations of the Purchasers arranged by it to purchase the Special WarrantsSubscription Receipts) by notice to that effect given to the Company any time prior to the Closing Time.

Due Diligence Out. In the event that the due diligence investigations performed by the Agents and/or their representatives reveals any material information or fact not publicly disclosed 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, quality of the investment or marketability of the Offering, the Agents shall be entitled, at their sole option and in accordance with subparagraph 11(h9(h) of this Agreement, to terminate their its obligations under this Agreement (and the obligations of the Purchasers arranged by it to purchase the Special Warrants) by notice to that effect given to the Company any time prior to the Closing Time.