Common use of Late Issuance Clause in Contracts

Late Issuance. Upon conversion of the Debentures or exercise of the Warrants, if the Investor does not receive the relevant Common Shares within three (3) trading days after the date of such conversion or exercise (as applicable, a Late Issuance), the Corporation shall pay to the Investor the greater of (i) one thousand dollars ($1,000) per trading day of delay in the delivery of the Common Shares; and (ii) an amount equal to the difference (if positive) between the closing price of the Common Shares four (4) trading days after the date of such conversion or exercise, as applicable, and the closing price of the Common Shares on the trading day immediately prior to the date on which the relevant Common Shares are issued to the Investor, for each new Common Share which was issued upon the relevant conversion of the Debentures or the relevant exercise of the Warrants, as applicable. Notwithstanding the foregoing, if, prior to the delivery of the relevant Common Shares to the Investor, an Event of Default occurs of the type described in clause (ii) of the definition thereof and the Investor elects to require the Corporation to immediately redeem in cash all or any of its Debentures subject to the conversion in respect of such Late Issuance in accordance with Section 2.2(d), then the Corporation shall pay to the Investor the amount calculated in accordance with this Section 2.2(e), up to and including the date the Investor’s notice to the Corporation of its redemption election is to be delivered pursuant to Section 2.2(d) concurrently with the redemption payment for the Debentures so redeemed. The Corporation shall pay any payments incurred under this section in immediately available funds upon demand.

Late Issuance. Upon conversion of the Debentures or exercise of the Warrants, if the Investor does not receive the relevant Common Shares within three two (32) trading days after the date of such conversion or exercise (as applicable, a Late Issuance), the Corporation shall pay to the Investor the greater of (i) one thousand dollars ($1,000) per trading day of delay in the delivery of the Common Shares; and (ii) an amount equal to the difference (if positive) between the closing price of the Common Shares four three (43) trading days after the date of such conversion or exercise, as applicable, and the closing price of the Common Shares on the trading day immediately prior to the date on which the relevant Common Shares are issued to the Investor, for each new Common Share which was issued upon the relevant conversion of the Debentures or the relevant exercise of the Warrants, as applicable. Notwithstanding the foregoing, if, prior to the delivery of the relevant Common Shares to the Investor, an Event of Default occurs of the type described in clause (ii) of the definition thereof and the Investor elects to require the Corporation to immediately redeem in cash all or any of its Debentures subject to the conversion in respect of such Late Issuance in accordance with Section 2.2(d2.2(e), then the Corporation shall pay to the Investor the amount calculated in accordance with this Section 2.2(e2.2(f), up to and including the date the Investor’s notice to the Corporation of its redemption election is to be delivered pursuant to Section 2.2(d2.2(e) concurrently with the redemption payment for the Debentures so redeemed. The Corporation shall pay any payments incurred under this section in immediately available funds upon demand.