Common use of Subsequent Changes Clause in Contracts

Subsequent Changes. Within the time during which a prospectus relating to the Offered Shares is required to be delivered by the Agents under the U.S. Securities Laws (including in circumstances where such requirement may be satisfied pursuant to Rule 153, Rule 172 or Rule 173(a) under the Act) or the Canadian Securities Laws (disregarding, for such purpose, section 9.2(1) of NI 44-102), the Company will comply in all material respects with all requirements imposed upon it by Securities Laws, as appropriate and as from time to time in force, and will file or furnish on or before their respective due dates all reports required to be filed or furnished by it with the Commission pursuant to Sections 13(a), 13(c), or 15(d) of the Exchange Act, if applicable, or any other provision of or under the Exchange Act or with any Canadian Qualifying Authority pursuant to the Canadian Securities Laws, as appropriate, and will use its commercially reasonable efforts to cause the Offered Shares to be listed on NASDAQ. If during such period any event occurs as a result of which the Prospectuses as then amended or supplemented would include an untrue statement of material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period it is necessary to amend or supplement the Registration Statement or the Prospectuses to comply with the Act or the Canadian Securities Laws, the Company will promptly notify the Agents to suspend the offering of Offered Shares during such period and, if, in the Company’s determination and at the Company’s sole discretion, it is necessary to file an amendment or supplement to the Registration Statement or the Prospectuses to comply with the Act or the Canadian Securities Laws, the Company will promptly prepare and file with the Canadian Qualifying Authorities and the Commission such amendment or supplement as may be necessary to correct such statement or omission or to make the Registration Statement or the Prospectuses comply with such requirements, and the Company will furnish to the Agents such number of copies of such amendment or supplement as the Agents may reasonably request. The Company will also timely file with NASDAQ all material documents and notices required by NASDAQ of companies that have or will issue securities that are traded on NASDAQ.

Subsequent Changes. Within During the time during which a prospectus relating to the Offered Shares is required to be delivered by the Agents under the U.S. Securities Laws (including in circumstances where such requirement may be satisfied pursuant to Rule 153, Rule 172 or Rule 173(a) under the Act) or the Canadian Securities Laws (disregarding, for such purpose, section 9.2(1) of NI 44-102)Prospectus Delivery Period, the Company will comply in all material respects with all requirements imposed upon it by the Securities LawsAct, as appropriate and as from time to time in force, and will to file or furnish on or before their respective due dates all reports and any definitive proxy or information statements required to be filed or furnished by it the Company with the Commission pursuant to Sections 13(a), 13(c), or 14, 15(d) of the Exchange Act, if applicable, or any other provision of or under the Exchange Act or with any Canadian Qualifying Authority pursuant to the Canadian Securities Laws, as appropriate, and will use its commercially reasonable efforts to cause the Offered Shares to be listed on NASDAQAct. If during such period the Prospectus Delivery Period any event occurs as a result of which the Prospectuses Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period Prospectus Delivery Period it is necessary to amend or supplement the Registration Statement or the Prospectuses Prospectus to comply with the Act or the Canadian Securities LawsAct, the Company will promptly notify the Agents Ladenburg to suspend the offering of Offered Shares Placement Notes during such period and, if, in and the Company’s determination and at the Company’s sole discretion, it is necessary to file an amendment Company will promptly amend or supplement to the Registration Statement or Prospectus (at the Prospectuses to comply with expense of the Act or the Canadian Securities Laws, the Company will promptly prepare and file with the Canadian Qualifying Authorities and the Commission such amendment or supplement Company) so as may be necessary to correct such statement or omission or to make effect such compliance; provided, however, that the Company may delay the filing of any amendment or supplement, if in the judgment of the Company, it is in the best interest of the Company. If at any time following the issuance of an Issuer Free Writing Prospectus there occurred or occurs an event or development as a result of which such Issuer Free Writing Prospectus conflicted, conflicts or would conflict with the information contained in the Registration Statement or the Prospectuses comply with such requirementsProspectus or included, and includes or would include an untrue statement of a material fact or omits or would omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading, the Company will furnish (i) subject to the Agents such number of copies of such amendment Section 7(a), promptly amend or supplement as such Issuer Free Writing Prospectus to eliminate or correct such conflict, untrue statement or omission and (ii) promptly notify Ladenburg to suspend the Agents may reasonably request. The Company will also timely file with NASDAQ all material documents and notices required by NASDAQ offering of companies that have Placement Securities until such conflict, untrue statement or will issue securities that are traded on NASDAQomission is eliminated or corrected.

Subsequent Changes. Within the time during which a prospectus relating to the Offered Shares is required to be delivered by the Agents under the U.S. Securities Laws (including in circumstances where such requirement may be satisfied pursuant to Rule 153, Rule 172 or Rule 173(a) under the Act) or the Canadian Securities Laws (disregarding, for such purpose, section Section 9.2(1) of NI 44-102), the Company will comply in all material respects with all requirements imposed upon it by Canadian Securities Laws, as appropriate and as from time to time in force, and will file or furnish on or before their respective due dates all reports and filings required to be filed or furnished by it with the Commission pursuant to Sections 13(a), 13(c), or 15(d) of the Exchange Act, if applicable, or any other provision of or under the Exchange Act or with any Canadian Qualifying Authority Authorities pursuant to the Canadian Securities Laws, as appropriate, and will use its commercially reasonable efforts to cause the Offered Shares to be listed on NASDAQ. If during such period any event occurs as a result of which the Prospectuses Prospectus as then amended or supplemented would include an untrue statement of material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period it is necessary to amend or supplement the Registration Statement or the Prospectuses Prospectus to comply with the Act or the Canadian Securities Laws, the Company will promptly notify the Agents to suspend the offering of Offered Shares during such period and, if, in the Company’s determination and at the Company’s sole discretion, it is necessary to file an amendment or supplement to the Registration Statement or the Prospectuses Prospectus to comply with the Act or the Canadian Securities Laws, the Company will promptly prepare and file with the Canadian Qualifying Authorities and the Commission such amendment or supplement as may be necessary to correct such statement or omission or to make the Registration Statement or the Prospectuses Prospectus comply with such requirements, and the Company will furnish to the Agents such number of copies of such amendment or supplement as the Agents may reasonably request. The Company will also timely file with NASDAQ all material documents and notices required by NASDAQ of companies that have or will issue securities that are traded on NASDAQ.

Subsequent Changes. Within the time during which a prospectus relating to the Offered Shares is required to be delivered by the Agents Agent under the U.S. Securities Laws (including in circumstances where such requirement may be satisfied pursuant to Rule 153, Rule 172 or Rule 173(a) under the Act) or the Canadian Securities Laws (disregarding, for such purpose, section Section 9.2(1) of NI 44-102), the Company will comply in all material respects with all requirements imposed upon it by Securities Laws, as appropriate and as from time to time in force, and will file or furnish on or before their respective due dates all reports and filings required to be filed or furnished by it with the Commission pursuant to Sections 13(a), 13(c), or 15(d) of the Exchange Act, if applicable, or any other provision of or under the Exchange Act or with any Canadian Qualifying Authority Authorities pursuant to the Canadian Securities Laws, as appropriate, and will use its commercially reasonable efforts to cause the Offered Shares to be listed on NASDAQ. If during such period any event occurs as a result of which the Prospectuses Offering Prospectus as then amended or supplemented would include an untrue statement of material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period it is necessary to amend or supplement the Registration Statement or the Prospectuses Offering Prospectus to comply with the Act or the Canadian Securities Laws, the Company will promptly notify the Agents Agent to suspend the offering of Offered Shares Offering during such period and, if, in the Company’s determination and at the Company’s sole discretion, it is necessary to file an amendment or supplement to the Registration Statement or the Prospectuses Offering Prospectus to comply with the Act or the Canadian Securities Laws, the Company will promptly prepare and file with the Canadian Qualifying Authorities and the Commission such amendment or supplement as may be necessary to correct such statement or omission or to make the Registration Statement or the Prospectuses Offering Prospectus comply with such requirements, and the Company will furnish to the Agents Agent such number of copies of such amendment or supplement as the Agents Agent may reasonably request. The Company will also timely file with NASDAQ all material documents and notices required by NASDAQ of companies that have or will issue securities that are traded on NASDAQ.

Subsequent Changes. Within During the time during which a prospectus relating to the Offered Shares is required to be delivered by the Agents under the U.S. Securities Laws (including in circumstances where such requirement may be satisfied pursuant to Rule 153, Rule 172 or Rule 173(a) under the Act) or the Canadian Securities Laws (disregarding, for such purpose, section 9.2(1) of NI 44-102)Prospectus Delivery Period, the Company will comply in all material respects with all requirements imposed upon it by the Securities LawsAct, as appropriate and as from time to time in force, and will to file or furnish on or before their respective due dates all reports and any definitive proxy or information statements required to be filed or furnished by it the Company with the Commission pursuant to Sections 13(a), 13(c), or 14, 15(d) of the Exchange Act, if applicable, or any other provision of or under the Exchange Act or with any Canadian Qualifying Authority pursuant to the Canadian Securities Laws, as appropriate, and will use its commercially reasonable efforts to cause the Offered Shares to be listed on NASDAQAct. If during such period the Prospectus Delivery Period any event occurs as a result of which the Prospectuses Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances then existing, not misleading, or if during such period Prospectus Delivery Period it is necessary to amend or supplement the Registration Statement or the Prospectuses Prospectus to comply with the Act or the Canadian Securities LawsAct, the Company will promptly notify the Agents Ladenburg to suspend the offering of Offered Shares Placement Notes during such period and, if, in and the Company’s determination and at the Company’s sole discretion, it is necessary to file an amendment Company will promptly amend or supplement to the Registration Statement or Prospectus (at the Prospectuses to comply with expense of the Act or the Canadian Securities Laws, the Company will promptly prepare and file with the Canadian Qualifying Authorities and the Commission such amendment or supplement Company) so as may be necessary to correct such statement or omission or to make effect such compliance; provided, however, that the Company may delay the filing of any amendment or supplement, if in the judgment of the Company, it is in the best interest of the Company. If at any time following the issuance of an Issuer Free Writing Prospectus there occurred or occurs an event or development as a result of which such Issuer Free Writing Prospectus conflicted, conflicts or would conflict with the information contained in the Registration Statement or the Prospectuses comply with such requirementsProspectus or included, and includes or would include an untrue statement of a material fact or omits or would omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading, the Company will furnish (i) subject to the Agents such number of copies of such amendment Section 7(a), promptly amend or supplement as such Issuer Free Writing Prospectus to eliminate or correct such conflict, untrue statement or omission and (ii) promptly notify Ladenburg to suspend the Agents may reasonably request. The Company will also timely file with NASDAQ all material documents and notices required by NASDAQ offering of companies that have Placement Notes until such conflict, untrue statement or will issue securities that are traded on NASDAQomission is eliminated or corrected.