Common use of Election Right of Investor Clause in Contracts

Election Right of Investor. if the Investor wishes to exercise its Participation Right or Top-up Right, as the case may be, the Investor must provide the Company with written notice that it is exercising its Participation Right or its Top-up Right, as the case may be, before the earlier of (A) five (5) Business Days after the date of receipt by the Investor of notice of such Equity Financing from the Company pursuant to paragraph (i) above, and (B) 48 hours after public announcement of such Equity Financing if such Equity Financing is a “bought deal” public offering (or 24 hours in the event that the Investor elects to exercise its Top-up Right and such exercise would require shareholder approval under Applicable Law); failing which, the Investor shall be deemed to have elected not to exercise its rights under this paragraph 4;

Election Right of Investor. if the Investor wishes to exercise its Participation Right or Top-up Right, as the case may be, the Investor must provide the Company with written notice that it is exercising its Participation Right or its Top-up Right, as the case may be, before the earlier of (A) five (5) Business Days after the date of receipt by the Investor of notice of such Equity Financing from the Company pursuant to paragraph (i) above, and (B) 48 hours after public announcement of such Equity Financing if such Equity Financing is a “bought deal” public offering (or 24 hours in the event that the Investor elects to exercise its Top-up Right and such exercise would require shareholder approval under Applicable Law); failing which, the Investor shall be deemed to have elected not to exercise its rights under this paragraph 45;