Common use of Minimum Acceptable Price Clause in Contracts

Minimum Acceptable Price. (i) With respect to each Advance Notice (A) the amount of the Advance set forth in such Advance Notice shall automatically be reduced by 20% for each Trading Day during the Pricing Period that the VWAP of the Common Stock is below the MAP in effect on such Trading Day (each such day, an “Excluded Day”), and (B) each Excluded Day shall be excluded from the Pricing Period for purposes of determining the Market Price. (ii) The number of Shares to be issued and delivered to the Investor at each Closing (in accordance with Section 2.02 of this Agreement) with respect to an Advance Notice with a MAP shall be determined based on the Advance Notice amount as reduced pursuant to Section 2.01(b)(i)(A) above, provided however, with respect to each Excluded Day the Investor shall purchase and the Company shall sell Shares (in a total amount for each Excluded Day not to exceed 20% of the amount of the Advance set forth in such Advance Notice) in an amount equal to the number of Shares sold by the Investor on such Excluded Day at a price per share equal to the MAP in effect on such Excluded Day (without any further discount).

Minimum Acceptable Price. (i) With respect to each Advance Notice (A) the amount of the Advance set forth in such Advance Notice shall automatically be reduced by 20% for each Trading Day during the Pricing Period that the VWAP of the Common Stock is Ordinary Shares are below the MAP in effect on such Trading Day (each such day, an “Excluded Day”), and (B) each Excluded Day shall be excluded from the Pricing Period for purposes of determining the Market Price. (ii) The number of Shares to be issued and delivered to the Investor at each Closing (in accordance with Section 2.02 of this Agreement) with respect to an Advance Notice with a MAP an Excluded Day shall be determined based on the Advance Notice amount as reduced pursuant to Section 2.01(b)(i)(A2.01(c)(i)(A) aboveabove (the “Adjusted Advance Notice”), provided however, with respect that the Adjusted Advance Notice shall be automatically increased by an amount equal to each the number of Shares sold by the Investor on such Excluded Day the Investor shall purchase and the Company shall sell Shares (in a total amount for each Excluded Day not to exceed 20% of the amount of the Advance set forth in such Advance Notice) in an amount equal to the number of Shares sold by the Investor on such Excluded Day at a price per share equal to the MAP in effect on such Excluded Day (without any further discount).

Minimum Acceptable Price. (i) With respect to each Advance Notice (A) the amount of the Advance set forth in such Advance Notice shall automatically be reduced by 20% for each Trading Day during the Pricing Period that for which the VWAP of the Common Stock is below the MAP in effect on with respect to such Trading Day Advance Notice (each such day, an “Excluded Day”), and (B) for the avoidance of doubt, each Excluded Day shall be excluded from the Pricing Period for purposes of determining the Market Price. (ii) The number of Shares to be issued and delivered to the Investor at each Closing (in accordance with Section 2.02 of this Agreement) with respect to an Advance Notice with a MAP an Excluded Day shall be determined based on the Advance Notice amount as reduced pursuant to Section 2.01(b)(i)(A2.01(d)(i) above, above (the “Adjusted Advance Notice”); provided however, with respect that the Adjusted Advance Notice shall be automatically increased by an amount equal to each the number of Shares sold by the Investor on such Excluded Day the Investor shall purchase and the Company shall sell Shares (in a total amount for each Excluded Day not to exceed 20% of the amount of the Advance set forth in such the original Advance Notice) in an amount equal to the number of Shares sold by the Investor on such Excluded Day at a price per share equal to the MAP in effect on with respect to such Excluded Day Advance Notice (without any further discount).

Minimum Acceptable Price. (i) With respect to each Advance Notice (A) the amount of the Advance set forth in such Advance Notice shall automatically be reduced by 20% for each Trading Day during the Pricing Period that the VWAP of the Common Stock is Ordinary Shares are below the MAP in effect on such Trading Day (each such day, an “Excluded Day”), and (B) each Excluded Day shall be excluded from the Pricing Period for purposes of determining the Market Price. (ii) The number of Shares to be issued and delivered to the Investor at each Closing (in accordance with Section 2.02 of this Agreement) with respect to an Advance Notice with a MAP an Excluded Day shall be determined based on the Advance Notice amount as reduced pursuant to Section 2.01(b)(i)(A2.01(c)(i)(A) aboveabove (the “Adjusted Advance Notice”), provided however, with respect that the Adjusted Advance Notice shall be automatically increased by an amount equal to each the number of Shares sold by the Investor on such Excluded Day the Investor shall purchase and the Company shall sell Shares (in a total amount for each Excluded Day not to exceed 20% of the amount of the Advance set forth in such Advance Notice) in an amount equal to the number of Shares sold multiplied by the Investor on such Excluded Day at a price per share equal to the MAP in effect on such Excluded Day (without any further discount).

Minimum Acceptable Price. (i) With respect to each Advance Notice (A) the amount of the Advance set forth in such Advance Notice shall automatically be reduced by 20% for each Trading Day during the Pricing Period that the VWAP of the Common Stock is below the MAP in effect on such Trading Day (each such day, an “Excluded Day”), and (B) each Excluded Day shall be excluded from the Pricing Period for purposes of determining the Market Price. (ii) The number of Shares to be issued and delivered to the Investor at each Closing (in accordance with Section 2.02 2.2 of this Agreement) with respect to an Advance Notice with a MAP shall be determined based on the Advance Notice amount as reduced pursuant to Section 2.01(b)(i)(A2.1(b)(i)(A) above, provided however, with respect to each Excluded Day the Investor shall purchase and the Company shall sell Shares (in a total amount for each Excluded Day not to exceed 20% of the amount of the Advance set forth in such Advance Notice) in an amount equal to the number of Shares sold by the Investor on such Excluded Day at a price per share equal to the MAP in effect on such Excluded Day (without any further discount).

Minimum Acceptable Price. (i) With respect to each Advance Notice (A) the amount of the Advance set forth in such Advance Notice shall automatically be reduced by 20% for each Trading Day during the Pricing Period that for which the VWAP of the Common Stock is below the MAP in effect on with respect to such Trading Day Advance Notice, or for which there is no VWAP (each such day, an “Excluded Day”), and (B) for the avoidance of doubt, each Excluded Day shall be excluded from the Pricing Period for purposes of determining the Market Price. (ii) The number of Shares to be issued and delivered to the Investor at each Closing (in accordance with Section 2.02 of this Agreement) with respect to an Advance Notice with a MAP an Excluded Day shall be determined based on the Advance Notice amount as reduced pursuant to Section 2.01(b)(i)(A2.01(d)(i)(A) aboveabove (the “Adjusted Advance Amount”); provided, provided however, with respect that the Adjusted Advance Amount shall be automatically increased by an amount equal to each the number of Shares sold by the Investor on such Excluded Day the Investor shall purchase and the Company shall sell Shares (in a total amount for each Excluded Day not to exceed 20% of the amount of the Advance set forth in such the original Advance Notice) in an amount equal to the number of Shares sold by the Investor on such Excluded Day at a price per share equal to the MAP in effect on with respect to such Excluded Day Advance Notice (without any further discount).

Minimum Acceptable Price. (i) With respect to each Advance Notice (A) the amount of the Advance set forth in such Advance Notice shall automatically be reduced by 2033.33% for each Trading Day during the Pricing Period that the VWAP of the Common Stock Ordinary Shares is below the MAP in effect on with respect to such Trading Day Advance Notice, or for which there is no VWAP (each such day, an “Excluded Day”), and (B) each Excluded Day shall be excluded from the Pricing Period for purposes of determining the Market Price. (ii) The number of Shares to be issued and delivered to the Investor at each Closing (in accordance with Section 2.02 of this Agreement) with respect to an Advance Notice with a MAP an Excluded Day shall be determined based on the Advance Notice amount as reduced pursuant to Section 2.01(b)(i)(A2.01(d)(i)(A) aboveabove (the “Adjusted Advance Notice”), provided however, with respect to each Excluded Day that the Investor Adjusted Advance Notice shall purchase and the Company shall sell Shares (in a total amount for each Excluded Day not to exceed 20% of the amount of the Advance set forth in such Advance Notice) in be automatically increased by an amount equal to the number of Shares sold by the Investor on such Excluded Day at (in a total amount for each Excluded Day not to exceed 33.33% of the amount of the Advance set forth in such Advance Notice) multiplied by a price per share equal to the MAP in effect on such Excluded Day (without any further discount).

Minimum Acceptable Price. (i) With respect to each Advance Notice (A) the amount of the Advance set forth in such Advance Notice shall automatically be reduced by 20% for each Trading Day during the Pricing Period that for which the VWAP of the Common Stock Ordinary Shares is below the MAP in effect on with respect to such Trading Day Advance Notice (each such day, an “Excluded Day”), and (B) for the avoidance of doubt, each Excluded Day shall be excluded from the Pricing Period for purposes of determining the Market Price. (ii) The number of Shares to be issued and delivered to the Investor at each Closing (in accordance with Section 2.02 of this Agreement) with respect to an Advance Notice with a MAP an Excluded Day shall be determined based on the Advance Notice amount as reduced pursuant to Section 2.01(b)(i)(A2.01(d)(i)(A) aboveabove (the “Adjusted Advance Amount”); provided, provided however, with respect that the Adjusted Advance Amount shall be automatically increased by an amount equal to each the number of Shares sold by the Investor on such Excluded Day the Investor shall purchase and the Company shall sell Shares (in a total amount for each Excluded Day not to exceed 20% of the amount of the Advance set forth in such the original Advance Notice) in an amount equal to the number of Shares sold by the Investor on such Excluded Day at a price per share equal to the MAP in effect on with respect to such Excluded Day Advance Notice (without any further discount).

Minimum Acceptable Price. (i) With respect to each Advance Notice (A) the amount of the Advance set forth in such Advance Notice shall automatically be reduced by 20% for each Trading Day during the Pricing Period that for which the VWAP of the Common Stock Shares is below the MAP in effect on with respect to such Trading Day Advance Notice (each such day, an “Excluded Day”), and (B) for the avoidance of doubt, each Excluded Day shall be excluded from the Pricing Period for purposes of determining the Market Price. (ii) The number of Shares to be issued and delivered to the Investor at each Closing (in accordance with Section 2.02 of this Agreement) with respect to an Advance Notice with a MAP an Excluded Day shall be determined based on the Advance Notice amount as reduced pursuant to Section 2.01(b)(i)(A2.01(d)(i)(A) aboveabove (the “Adjusted Advance Amount”); provided, provided however, with respect that the Adjusted Advance Amount shall be automatically increased by an amount equal to each the number of Shares sold by the Investor on such Excluded Day the Investor shall purchase and the Company shall sell Shares (in a total amount for each Excluded Day not to exceed 20% of the amount of the Advance set forth in such the original Advance Notice) in an amount equal to the number of Shares sold by the Investor on such Excluded Day at a price per share equal to the MAP in effect on with respect to such Excluded Day Advance Notice (without any further discount).

Minimum Acceptable Price. (i) With respect to each Advance Notice (A) the amount of the Advance set forth in such Advance Notice shall automatically be reduced by 20% for each Trading Day during the Pricing Period that for which the VWAP of the Common Stock is below the MAP in effect on with respect to such Trading Day Advance Notice (each such day, an “Excluded Day”), and (B) for the avoidance of doubt, each Excluded Day shall be excluded from the Pricing Period for purposes of determining the Market Price. (ii) The number of Shares to be issued and delivered to the Investor at each Closing (in accordance with Section 2.02 of this Agreement2.02) with respect to an Advance Notice with a MAP an Excluded Day shall be determined based on the Advance Notice amount as reduced pursuant to Section 2.01(b)(i)(A2.01(b)(i) above(the “Adjusted Advance Notice”); provided, provided however, with respect that the Adjusted Advance Notice shall be automatically increased by an amount equal to each the number of Shares sold by the Investor on such Excluded Day the Investor shall purchase and the Company shall sell Shares (in a total amount for each Excluded Day not to exceed 20% of the amount of the Advance set forth in such the original Advance Notice) in an amount equal to the number of Shares sold by the Investor on such Excluded Day at a price per share equal to the MAP in effect on with respect to such Excluded Day Advance Notice (without any further discount).