Common use of Standby Purchase Commitment Clause in Contracts

Standby Purchase Commitment. (i) If and to the extent Unsubscribed Shares are not purchased by the Company’s other stockholders pursuant to the exercise of Rights (including the Basic Subscription Privilege and the Over-Subscription Privilege) under the Rights Offering, the Standby Purchaser shall be deemed to have exercised such Rights immediately prior to the expiration of the Rights Offering and shall be entitled to and hereby agrees to purchase from the Company, and the Company hereby agrees to sell to the Standby Purchaser, at the Subscription Price, all such remaining New Shares, subject to a maximum total commitment of the Standby Purchaser of $15,000,000, including any New Shares purchased by the Standby Purchaser in the Rights Offering pursuant to its Basic Subscription Privilege.

Standby Purchase Commitment. (i) If and to the extent Unsubscribed Shares are not purchased by the Company’s other stockholders pursuant to the exercise of Rights (including the Basic Subscription Privilege and the Over-Subscription Privilege) under the Rights Offering, the Standby Purchaser shall be deemed to have exercised such Rights immediately prior to the expiration of the Rights Offering and shall be entitled to and hereby agrees to purchase from the Company, and the Company hereby agrees to sell to the Standby Purchaser, at the Subscription Price, all such remaining New Shares, subject to a maximum total commitment of $2,125,000.00 and subject to proration among the Standby Purchaser of $15,000,000, including any New Shares purchased by and the Standby Purchaser other standby purchasers as set forth in the Rights Offering pursuant to its Basic Subscription PrivilegeSection 2(a)(ii) below.

Standby Purchase Commitment. (i) If and to the extent Unsubscribed Shares are not purchased by the Company’s other stockholders pursuant to the exercise of Rights (including the Basic Subscription Privilege and the Over-Subscription Privilege) under the Rights Offering, the Standby Purchaser shall be deemed to have exercised such Rights immediately prior to the expiration of the Rights Offering and shall be entitled to and hereby agrees to purchase from the Company, and the Company hereby agrees to sell to the Standby Purchaser, at the Subscription Price, all such remaining New Shares, subject to a maximum total commitment of the Standby Purchaser of $15,000,000, (including any New Shares purchased by the Standby Purchaser in the Rights Offering it may exercise pursuant to its Basic Subscription Privilege, Over-Subscription Privilege and this Agreement) of $17,250,000.00 and subject to proration among the Standby Purchaser and the other standby purchasers as set forth in Section 2(a)(ii) below.

Standby Purchase Commitment. (i) If and to the extent Unsubscribed Shares are not purchased by the Company’s other stockholders pursuant to the exercise of Rights (including the Basic Subscription Privilege and the Over-Subscription Privilege) under the Rights Offering, the each Standby Purchaser shall be deemed to have exercised such Rights immediately prior to the expiration of the Rights Offering and shall be entitled to and hereby agrees to purchase from the Company, and the Company hereby agrees to sell to the Standby PurchaserPurchasers, at the Subscription Price, all such remaining New Shares, subject to a maximum total aggregate commitment of the $2,125,000.00 and subject to proration among each Standby Purchaser of $15,000,000, including any New Shares purchased by and the Standby Purchaser other standby purchasers as set forth in the Rights Offering pursuant to its Basic Subscription PrivilegeSection 2(a)(ii) below.