Common use of Limitation on Obligations to Purchase and Sell Clause in Contracts

Limitation on Obligations to Purchase and Sell. Notwithstanding any other provision, in the event the Closing Bid Price or Closing Sale Price of the Common Stock during any one or more of the 9 Trading Days following the Tranche Notice Date falls below 75.0% of the Closing Bid Price on the Tranche Notice Date, except as otherwise agreed in writing between the Company and Investor: (i) the Company may, at its option, and without penalty, terminate the Tranche Notice and decline to sell any Tranche Shares on the Tranche Closing Date; and (ii) Investor may, at its option, decline to purchase any Tranche Shares on the Tranche Closing Date.

Limitation on Obligations to Purchase and Sell. Notwithstanding any other provisionanything herein to the contrary, in the event the Closing Bid Price or Closing Sale Price closing price of the Common Stock during any one or more of the 9 Trading Days following the Tranche Notice Date falls below 75.0% of the Closing Bid Price closing price on the day prior to the Tranche Notice Date, except as otherwise agreed in writing between the Company and Investor: (i) Investor may, at its option, and without penalty, decline to purchase the applicable Tranche Shares on the Tranche Closing Date, and return to the Company all Warrants issued in connection with such Tranche Notice that remain unexercised; or (ii) Company may, at its option, and without penalty, terminate the Tranche Notice and decline to sell any Tranche Shares on the Tranche Closing Date; and (ii) Investor may, at its option, decline to purchase any applicable Tranche Shares on the Tranche Closing Date.

Limitation on Obligations to Purchase and Sell. Notwithstanding any other provisionanything herein to the contrary, in the event the Closing Bid Price or Closing Sale Price average closing price of the Common Stock during any one or more of the 9 nine (9) Trading Days following the Tranche Notice Date falls below 75.0% of the Closing Bid Price closing bid price of the Common Stock on the Trading Day immediately prior to the Tranche Notice Date, except as otherwise agreed in writing between the Company and Investor: (i) Investor may, at its option, and without penalty, decline to purchase the applicable Tranche Shares on the Tranche Closing Date; or (ii) Company may, at its option, and without penalty, terminate the Tranche Notice and decline to sell any Tranche Shares on the Tranche Closing Date; and (ii) Investor may, at its option, decline to purchase any applicable Tranche Shares on the Tranche Closing Date.

Limitation on Obligations to Purchase and Sell. Notwithstanding any other provisionanything herein to the contrary, in the event the Closing Bid Price or average Closing Sale Price of the Common Stock during any one or more of the 9 nine (9) Trading Days following the Tranche Notice Date falls below 75.0% of the Closing Bid Sale Price of the Common Stock on the Trading Day immediately prior to the Tranche Notice Date, except as otherwise agreed in writing between the Company and Investor: (i) Investor may, at its option, and without penalty, decline to purchase the applicable Tranche Shares on the Tranche Closing Date; or (ii) Company may, at its option, and without penalty, terminate the Tranche Notice and decline to sell any Tranche Shares on the Tranche Closing Date; and (ii) Investor may, at its option, decline to purchase any applicable Tranche Shares on the Tranche Closing Date.

Limitation on Obligations to Purchase and Sell. Notwithstanding any other provision, in the event the Closing Bid Price or Closing Sale Price of the Common Stock during any one or more of the 9 Trading Days following the Tranche Notice Date falls below 75.0% of the Closing Bid Price on the Tranche Notice Date, except as otherwise agreed in writing between the Company and Investor: (i) the Company may, at its option, and without penalty, terminate the Tranche Notice and decline to sell any Tranche Shares on the Tranche Closing Date; and (ii) the Investor may, at its option, decline to purchase any Tranche Shares on the Tranche Closing Date, and return to the Company all unexercised Warrants (if any).

Limitation on Obligations to Purchase and Sell. Notwithstanding any other provisionanything herein to the contrary, in the event the Closing Bid Price or Closing Sale Price closing price of the Common Stock during any one or more of the 9 Trading Days following the Tranche Notice Date falls below 75.0% of the Closing Bid Price closing bid price on the day prior to the Tranche Notice Date, except as otherwise agreed in writing between the Company and Investor: (i) Investor may, at its option, and without penalty, decline to purchase the applicable Tranche Shares on the Tranche Closing Date, and return to the Company all Warrants issued in connection with such Tranche Notice that remain unexercised; or (ii) Company may, at its option, and without penalty, terminate the Tranche Notice and decline to sell any Tranche Shares on the Tranche Closing Date; and (ii) Investor may, at its option, decline to purchase any applicable Tranche Shares on the Tranche Closing Date.