Common use of Effect of Draw Down Cancellation Clause in Contracts

Effect of Draw Down Cancellation. If a Draw Down Cancellation Notice has been delivered to the Investor after a Draw Down Date, the Valuation Period for such Draw Down shall (except as provided in the proviso to the succeeding sentence) end on the Trading Day immediately preceding the Draw Down Cancellation Date. In such event, the Investment Amount relating to such Draw Down shall be reduced by one-fifth (1/5) with respect to each Trading Day during the period beginning on and including the Draw Down Cancellation Date and ending on the last Trading Day of such Valuation Period. Anytime a Draw Down Cancellation Notice is delivered to the Investor, such Draw Down shall remain effective as to the portion of the Investment Amount not canceled pursuant to the preceding sentence and the Investor shall be entitled to use the Registration Statement and related prospectus for sales of the Draw Down Shares issuable with respect to such non-canceled portion of the Investment Amount.

Effect of Draw Down Cancellation. If a Draw Down Cancellation Notice has been delivered to the Investor after a Draw Down Date, the Valuation Period for such Draw Down shall (except as provided in the proviso to the succeeding sentence) end on the Trading Day immediately preceding the Draw Down Cancellation Date. In such event, the Investment Amount relating to such Draw Down shall be reduced by one-fifth (1/5) with respect to each Trading Day during the period beginning on and including the Draw Down Cancellation Date and ending on the last Trading Day of such Valuation Period. Anytime a Draw Down Cancellation Notice is delivered to the Investor, such Draw Down shall remain effective as to the portion of the Investment Amount not canceled pursuant to the preceding sentence and the Investor shall be entitled to use the Registration Statement and related prospectus for sales of the Draw Down Shares issuable with respect to such non-canceled portion of the Investment Amountsentence.