Common use of Right of Prepayment Clause in Contracts

Right of Prepayment. The Company at its option shall have the right, but not the obligation, to repay (“Optional Prepayment”) early a portion or all amounts outstanding under a Pre-Paid Advance in cash in the Prepayment Amount (as defined below) as described in this Section; provided that (i) if at the time of the Prepayment Notice (as defined below), the daily VWAP is more than the Fixed Price at the time of such Prepayment Notice, the Company provides the Investor with at least 30 Trading Days’ notice, and otherwise (ii) the Company provides the Investor with at least 5 Trading Days’ prior written notice (each, under (i) or (ii), a “Prepayment Notice”) of its desire to exercise an Optional Prepayment. Each Prepayment Notice shall be irrevocable and shall specify the outstanding balance of the Pre-Paid Advance to be prepaid and the applicable Payment Premium. The “Prepayment Amount” shall be an amount equal to the sum of (i) the outstanding principal balance being prepaid by the Company, (ii) the Payment Premium in respect of such amount, and (iii) all outstanding accrued and unpaid interest in respect of such Pre-Paid Advance as of each payment date. After receipt of a Prepayment Notice, the Investor shall have 5 Trading Days to elect to deliver Purchase Notices to the Company in respect of any portion of the Pre-Paid Advance outstanding. On the 6th (or in the case of (i) above, on the 31st) Trading Day after the Prepayment Notice, the Company shall deliver to the Investor the Prepayment Amount with respect to the principal amount prepaid after giving effect to Purchase Notices delivered during the applicable notice period.

Right of Prepayment. The At any time and from time to time while any portion of the Pre-Paid Advances is outstanding, the Company at its option shall have the right, but not the obligation, to repay (“Optional Prepayment”) early a portion or all amounts outstanding under a the Pre-Paid Advance Advances in cash in the Prepayment Amount (as defined below) as described in this Section; provided that (i) if at the time of the Prepayment Notice (as defined below), the daily VWAP is more than the Fixed Price at the time of such Prepayment Notice, the Company provides the Investor with at least 30 Trading Days’ notice, and otherwise (ii) the Company provides the Investor with at least 5 Trading Days’ prior written notice (each, under (i) or (ii), a “Prepayment Notice”) of its desire to exercise an Optional Prepayment, which Prepayment Notice (i) shall be delivered to the Investor after the close of regular trading hours on a Trading Day, and (ii) may only be given if the VWAP of the Common Shares was less than the Fixed Price on the date such Prepayment Notice is delivered, unless otherwise agreed by the Investor. Each Prepayment Notice shall be irrevocable and shall specify the outstanding balance of the Pre-Paid Advance Advances to be prepaid repaid and the applicable Payment PremiumPrepayment Amount. The “Prepayment Amount” shall be an amount equal to the sum of (i) the outstanding principal balance being prepaid repaid by the Company, (ii) plus the Payment Premium in respect of such principal amount, and (iii) plus all outstanding accrued and unpaid interest in respect of interest, if any, on such Pre-Paid Advance as of each payment dateprincipal amount. After receipt of a Prepayment Notice, the Investor shall have 5 five (5) Trading Days (beginning with the Trading Day immediately following the date of such Prepayment Notice) to elect to deliver Purchase Notices to the Company in respect of any portion of the Pre-Paid Advance outstandingAdvances outstanding in accordance with this Agreement. On the 6th sixth (or in the case of (i) above, on the 31st6th) Trading Day after the applicable Prepayment Notice, the Company shall deliver to the Investor the Prepayment Amount with respect to the principal amount prepaid after giving effect to Purchase Notices delivered during the applicable notice five (5) Trading Day period.

Right of Prepayment. The Company at its option shall have the right, but not the obligation, to repay (“Optional Prepayment”) early a portion or all amounts outstanding under a Pre-Paid Advance in cash in the Prepayment Amount (as defined below) as described in this Section; provided that (i) if at the time of the Prepayment Notice (as defined below), the daily VWAP is more less than the Fixed Price at the time of such Prepayment Notice, the Company provides the Investor with at least 30 Trading Days’ notice, and otherwise (ii) the Company provides the Investor with at least 5 10 Trading Days’ prior written notice (each, under (i) or (ii), a “Prepayment Notice”) of its desire to exercise an Optional Prepayment. Each Prepayment Notice shall be irrevocable and shall specify the outstanding balance of the Pre-Paid Advance to be prepaid and the applicable Payment Premium. The “Prepayment Amount” shall be an amount equal to the sum of (i) the outstanding principal balance being prepaid by the Company, (ii) plus the Payment Premium in respect of such amountPremium, and (iii) plus all outstanding accrued and unpaid interest in respect of such Pre-Paid Advance as of each payment dateon the outstanding balance. After receipt of a Prepayment Notice, the Investor shall have 5 10 Trading Days to elect to deliver Purchase Investor Notices to the Company in respect of any portion of the Pre-Paid Advance outstanding. On the 6th (or in the case of (i) above, on the 31st) 11th Trading Day after the Prepayment Notice, the Company shall deliver to the Investor the Prepayment Amount with respect to the principal amount prepaid after giving effect to Purchase Investor Notices delivered during the applicable notice period.

Right of Prepayment. The Company at its option shall have the right, but not the obligation, to repay (“Optional Prepayment”) early a portion or all amounts outstanding under a Pre-Paid Advance Advance, except for the last $500,000 of a Pre-Paid Advance, in cash in the Prepayment Amount (as defined below) as described in this Section; provided that (i) if at the time of the Prepayment Notice (as defined below), the daily VWAP is more less than the Fixed Price at the time of such Prepayment Notice, the Company provides the Investor with at least 30 Trading Days’ notice, Notice and otherwise (ii) the Company provides the Investor with at least 5 10 Trading Days’ prior written notice (each, under (i) or (ii), a “Prepayment Notice”) of its desire to exercise an Optional Prepayment. Each Prepayment Notice shall be irrevocable and shall specify the outstanding balance of the Pre-Paid Advance to be prepaid and the applicable Payment Premium. The “Prepayment Amount” shall be an amount equal to the sum of (i) the outstanding principal balance being prepaid by the Company, (ii) the Payment Premium in respect of such amount, and (iii) all outstanding accrued and unpaid interest in respect of such Pre-Paid Advance as of each payment date. After receipt of a Prepayment Notice, the Investor shall have 5 10 Trading Days to elect to deliver Purchase Notices to the Company in respect of any portion of the Pre-Paid Advance outstanding. On the 6th (or in the case of (i) above, on the 31st) 11th Trading Day after the Prepayment Notice, the Company shall deliver to the Investor the Prepayment Amount with respect to the principal amount prepaid after giving effect to Purchase Notices delivered during the applicable notice period.