Common use of Investment Agreement Termination Clause in Contracts

Investment Agreement Termination. The Company may terminate (a "Company Termination") its right to initiate future Puts by providing written notice ("Termination Notice") to the Investor, by facsimile and overnight courier, at any time other than during an Extended Put Period. Following either a Company Termination or an Automatic Termination: (i) the Termination Fee, and any accrued but unpaid Non-Usage Fees, shall become due and payable as further described in Section 2.6 below, (ii) following payment of the Termination Fee and any accrued but unpaid Non-Usage Fees in full, no additional Non-Usage Fees shall accrue, and (iii) such termination shall have no effect on the parties' other rights and obligations under this Agreement or any of the agreements referenced in this Agreement, including but not limited to the Registration Rights Agreement, the Warrants or the Warrant Antidilution Agreement (collectively, the "Related Agreements"). Notwithstanding a Termination or Automatic Termination, the Related Agreements between the parties shall not terminate and shall remain in full force and effect in accordance with their respective terms. Notwithstanding the above, any Put Interruption Notice occurring during an Extended Put Period is governed by Section 2.3.4.

Investment Agreement Termination. The Company may terminate (a "Company Termination") its right to initiate future Puts by providing written notice ("Termination Notice") to the Investor, by facsimile and overnight courier, at any time other than during an Extended Put Period. Following either a Company Termination or an Automatic Termination: (i) the Termination Fee, and any accrued but unpaid Non-Usage Fees, shall become due and payable as further described in Section 2.6 below, (ii) following payment of the Termination Fee and any accrued but unpaid Non-Usage Fees in full, no additional Non-Usage Fees shall accrue, and (iii) such termination shall have no effect on the parties' other rights and obligations under this Agreement or any of the agreements referenced in this Agreement, including but not limited to the Registration Rights Agreement, the Warrants or the Warrant Antidilution Agreement (collectively, the "Related Agreements"). Notwithstanding a Termination or Automatic Termination, the Related Agreements between the parties shall not terminate and shall remain in full force and effect in accordance with their respective terms. Notwithstanding the above, any Put Interruption Notice Cancellation occurring during an Extended Put Period is governed by Section 2.3.42.3.11.

Investment Agreement Termination. The Company may terminate (a "Company Termination") its right to initiate future Puts by providing written notice ("Termination Notice") to the Investor, by facsimile and overnight courier, at any time other than during an Extended Put Period. Following either a Company Termination or an Automatic Termination: (i) the Termination Fee, and any accrued but unpaid Non-Usage Fees, shall become due and payable as further described in Section 2.6 below, (ii) following payment of the Termination Fee and any accrued but unpaid Non-Usage Fees in full, no additional Non-Usage Fees shall accrue, and (iii) such termination shall have no effect on the parties' other rights and obligations under this Agreement or any of the agreements referenced in this Agreement, including but not limited to the Registration Rights Agreement, the Warrants or and the Warrant Antidilution Agreement Transfer Agent Instructions (collectively, the "Related Agreements"). Notwithstanding a Termination or Automatic Termination, the Related Agreements between the parties shall not terminate and shall remain in full force and effect in accordance with their respective terms. Notwithstanding the above, any Put Interruption Notice occurring during an Extended Put Period is governed by Section 2.3.4.

Investment Agreement Termination. The Company may terminate (a "Company Termination") its right to initiate future Puts by providing written notice ("Termination Notice") to the Investor, by facsimile and overnight courier, at any time other than during an Extended Put Period. Following either a Company Termination or an Automatic Termination: (i) following payment of the Termination Fee and any accrued but unpaid Non-Usage Fees in full, no additional Non-Usage Fees shall accrue, (ii) the Termination Fee, and any accrued but unpaid Non-Usage Fees, shall become due and payable as further described in Section 2.6 below, (ii) following payment of the Termination Fee and any accrued but unpaid Non-Usage Fees in full, no additional Non-Usage Fees shall accrue, and (iii) such termination shall have no effect on the parties' other rights and obligations under this Agreement or any of the agreements referenced in this Agreement, including but not limited to the Registration Rights Agreement, the Warrants or the Warrant Antidilution Agreement (collectively, the "Related Agreements"). Notwithstanding a Termination or Automatic Termination, the Related Agreements between the parties shall not terminate and shall remain in full force and effect in accordance with their respective terms. Notwithstanding the above, any Put Interruption Notice occurring during an Extended Put Period is governed by Section 2.3.4.