Common use of FIXED PURCHASE NOTICE Clause in Contracts

FIXED PURCHASE NOTICE. At any time and from time to time during the Commitment Period, except during an OTC Blackout and except as otherwise provided in this Agreement, the Company may deliver a Fixed Purchase Notice to Investor, subject to satisfaction of all Equity Conditions, the conditions set forth in Article VII and otherwise provided herein. The Company shall deliver the applicable Purchase Notice Shares as DWAC Shares to the Designated Brokerage Account alongside the delivery of the Fixed Purchase Notice. A Fixed Purchase Notice shall be deemed delivered on the Business Day that the applicable Fixed Purchase Notice Form is received after 4:00 p.m. New York time by email by the Investor and before 7:00 p.m. New York time (the “Fixed Purchase Notice Date”). If the applicable Fixed Purchase Notice Form is received after 7:00 p.m. New York time, the Fixed Purchase Notice shall be cancelled, unless waived by Investor in writing. On the Business Day following the Fixed Purchase Notice Date, the Investor shall confirm that the Equity Conditions have first been satisfied and then the Company shall immediately instruct the Transfer Agent to the deliver via DWAC the applicable Purchase Notice Shares to the Investor’s Designated Brokerage Account. Each party shall use its best efforts to perform or fulfill all conditions and obligations to be performed or fulfilled by it under this Agreement so that the transactions contemplated hereby shall be consummated as soon as practicable. Each party also agrees that it shall use its best efforts to take, or cause to be taken, all actions and to do, or cause to be done, all things necessary, proper or advisable under applicable laws and regulations to consummate and make effective Section 2.2(e) of this Agreement and the transactions contemplated herein.

FIXED PURCHASE NOTICE. At any time and from time to time during the Commitment Period, except during an OTC Blackout and except as otherwise provided in this Agreement, the Company may deliver a Fixed Purchase Notice to Investor, subject to satisfaction of all Equity Conditions, the conditions set forth in Article VII and otherwise provided herein. The Company shall provide the Transfer Agent with a copy of such Fixed Purchase Notice concurrently with its delivery to the Investor. The Company shall deliver the applicable Purchase Notice Shares as DWAC Shares to the Designated Brokerage Account alongside the delivery of the Fixed Purchase Notice. A Fixed Purchase Notice shall be deemed delivered on the Business Day that the applicable Fixed Purchase Notice Form is received after 4:00 p.m. New York time by email by the Investor and before 7:00 p.m. New York time (the “Fixed Purchase Notice Date”). If the applicable Fixed Purchase Notice Form is received after 7:00 p.m. New York time, the Fixed Purchase Notice shall be cancelled, unless waived by Investor in writing. On the Business Day following the Fixed Purchase Notice Date, the Investor shall confirm that the Equity Conditions have first been satisfied and then the Company shall immediately instruct the Transfer Agent to the deliver via DWAC the applicable Purchase Notice Shares to the Investor’s Designated Brokerage Account. Each party shall use its best commercially reasonable efforts to perform or fulfill all conditions and obligations to be performed or fulfilled by it under this Agreement so that the transactions contemplated hereby shall be consummated as soon as practicable. Each party also agrees that it shall use its best commercially reasonable efforts to take, or cause to be taken, all actions and to do, or cause to be done, all things necessary, proper or advisable under applicable laws and regulations to consummate and make effective Section 2.2(e2.2(c) of this Agreement and the transactions contemplated herein.

FIXED PURCHASE NOTICE. At any time and from time to time during the Commitment Period, except during an OTC Blackout and except as otherwise provided in this Agreement, the Company may deliver a Fixed Purchase Notice to Investor, subject to satisfaction of all Equity Conditions, the conditions set forth in Article VII and otherwise provided herein. The Company shall provide the Transfer Agent with a copy of such Fixed Purchase Notice concurrently with its delivery to the Investor. The Company shall deliver the applicable Purchase Notice Shares as DWAC Shares to the Designated Brokerage Account alongside the delivery of the Fixed Purchase Notice. A Fixed Purchase Notice shall be deemed delivered on the Business Day that the applicable Fixed Purchase Notice Form is received after 4:00 p.m. New York time by email by the Investor and before 7:00 p.m. New York time (the “Fixed Purchase Notice Date”). If the applicable Fixed Purchase Notice Form is received after 7:00 p.m. New York time, the Fixed Purchase Notice shall be cancelled, unless waived by Investor in writing. On the Business Day following the Fixed Purchase Notice Date, the Investor shall confirm provided that the Equity Conditions have first been satisfied and then satisfied, the Company shall immediately promptly instruct the Transfer Agent to the deliver via DWAC the applicable Purchase Notice Shares to the Investor’s Designated Brokerage Account. Each party shall use its best commercially reasonable efforts to perform or fulfill all conditions and obligations to be performed or fulfilled by it under this Agreement so that the transactions contemplated hereby shall be consummated as soon as practicable. Each party also agrees that it shall use its best commercially reasonable efforts to take, or cause to be taken, all actions and to do, or cause to be done, all things necessary, proper or advisable under applicable laws and regulations to consummate and make effective Section 2.2(e2.2(c) of this Agreement and the transactions contemplated herein.