Common use of Termination of Agreement and Investment Obligation Clause in Contracts

Termination of Agreement and Investment Obligation. The Company shall have the right to terminate this Agreement at any time upon thirty (30) days' written notice to the Investor. The Investor shall have the right to immediately terminate this AAgreement (including with respect to any Put, notice of which has been given but the applicable Closing Date has not yet occurred) in accordance with Section 6.12 or in the event that: (i) the Registration Statement with respect to the Registrable Securities is not effective within ninety (90) days following the Subscription Date, (ii) a Registration Statement with respect to Registrable Securities is no longer effective or current at any point during the Commitment Period, (iii) there shall occur any stop order or suspension of the effectiveness of the Registration Statement for an aggregate of thirty (30) Trading Days during the Commitment Period, (iv) the Company shall at any time fail to comply with the requirements of Section 6.2, 6.3, 6.4, 6.5, 6.6, 6.8 or 6.9; (v) a Material Adverse Market Event has occurred; (vi) a regulatory authority of self regulatory organization governing broker-dealers takes the position that the intended purchase of the Common Stock contemplated herein and its resale by the Investor may cause the Investor to be a statutory underwriter subject alone or with its agents to the restrictions of Regulation M as promulgated by the SEC or otherwise restrict or prohibit the resale of the Common Stock or (vii) the Company shall otherwise breach the terms of this Agreement, including payment of the commitment fee provided for in Section 2.5.

Termination of Agreement and Investment Obligation. The Company shall have the right to terminate this Agreement at any time upon thirty (30) days' written notice to the Investor. The Investor shall have the right to immediately terminate this AAgreement Agreement (including with respect to any Put, notice of which has been given but the applicable Closing Date has not yet occurred) in accordance with Section 6.12 6.11 or in the event that: (i) the Registration Statement with respect to the Registrable Securities is not effective within ninety one hundred twenty (90120) days following the Subscription Date, (ii) a Registration Statement with respect to Registrable Securities is no longer effective or current at any point during the Commitment Period, (iii) there shall occur any stop order or suspension of the effectiveness of the Registration Statement for an aggregate of thirty (30) Trading Days during the Commitment Period, (iv) the Company shall at any time fail to comply with the requirements of Section 6.2, 6.3, 6.4, 6.5, 6.6, 6.8 or 6.9; (v) a Material Adverse Market Event has occurred; (vi) a regulatory authority of self regulatory organization governing broker-dealers takes the position that the intended purchase of the Common Stock contemplated herein and its resale by the Investor may cause the Investor to be a statutory underwriter subject alone or with its agents to the restrictions of Regulation M as promulgated by the SEC or otherwise restrict or prohibit the resale of the Common Stock or (vii) the Company shall otherwise breach the terms of this Agreement, including payment of the commitment fee provided for in Section 2.5.

Termination of Agreement and Investment Obligation. The Company shall have the right to terminate this Agreement at any time upon thirty (30) days' written notice to the Investor. The Investor shall have the right to immediately terminate this AAgreement Agreement (including with respect to any Put, notice of which has been given but the applicable Closing Date has not yet occurred) in accordance with Section 6.12 or in the event that: (i) the Registration Statement with respect to the Registrable Securities is not effective within ninety one hundred and eighty (90180) days following the Subscription Date ( The Company shall use all available resources to have Registration Statement declared effective within 180 days following the Subscription Date, ); (ii) a Registration Statement with respect to Registrable Securities is no longer effective or current at any point during the Commitment Period, ; (iii) there shall occur any stop order or suspension of the effectiveness of the Registration Statement for an aggregate of thirty (30) Trading Days during the Commitment Period, ; (iv) the Company shall at any time fail to comply with the requirements of Section 6.2, 6.3, 6.4, 6.5, 6.6, 6.8 or 6.9; (v) a Material Adverse Market Event has occurred; (vi) a regulatory authority of the self regulatory organization governing broker-dealers takes the position that the intended purchase of the Common Stock contemplated herein and its resale by the Investor may cause the Investor to be a statutory underwriter subject alone or with its agents to the restrictions of Regulation M as promulgated by the SEC or otherwise restrict or prohibit the resale of the Common Stock Stock; or (vii) the Company shall otherwise breach the terms of this Agreement, including payment of the commitment fee provided for in Section 2.5.

Termination of Agreement and Investment Obligation. The Company shall have the right to terminate this Agreement at any time upon thirty (30) days' written notice to the Investor. The Investor shall have the right to immediately terminate this AAgreement Agreement (including with respect to any Put, notice of which has been given but the applicable Closing Date has not yet occurred) in accordance with Section 6.12 or in the event that: (i) the Registration Statement with respect to the Registrable Securities is not effective within ninety (90) days following the Subscription Date, (ii) a Registration Statement with respect to Registrable Securities is no longer effective or current at any point during the Commitment Period, (iii) there shall occur any stop order or suspension of the effectiveness of the Registration Statement for an aggregate of thirty (30) Trading Days during the Commitment Period, (iv) the Company shall at any time fail to comply with the requirements of Section 6.2, 6.3, 6.4, 6.5, 6.6, 6.8 or 6.9; (v) a Material Adverse Market Event has occurred; (vi) a regulatory authority of self regulatory organization governing broker-dealers takes the position that the intended purchase of the Common Stock contemplated herein and its resale by the Investor may cause the Investor to be a statutory underwriter subject alone or with its agents to the restrictions of Regulation M as promulgated by the SEC or otherwise restrict or prohibit the resale of the Common Stock or (vii) the Company shall otherwise breach the terms of this Agreement, including payment of the commitment fee provided for in Section 2.5.

Termination of Agreement and Investment Obligation. The Company shall have the right to terminate this Agreement at any time upon thirty (30) days' written notice to the Investor. The Investor shall have the right to immediately terminate this AAgreement Agreement (including with respect to any Put, notice of which has been given but the applicable Closing Date has not yet occurred) in accordance with Section 6.12 or in the event that: (i) the Registration Statement with respect to the Registrable Securities is not effective within ninety one hundred and eighty (90180) days following the Subscription Date (The Company shall use all available resources to have Registration Statement declared effective within 180 days following the Subscription Date, ); (ii) a Registration Statement with respect to Registrable Securities is no longer effective or current at any point during the Commitment Period, ; (iii) there shall occur any stop order or suspension of the effectiveness of the Registration Statement for an aggregate of thirty (30) Trading Days during the Commitment Period, ; (iv) the Company shall at any time fail to comply with the requirements of Section 6.2, 6.3, 6.4, 6.5, 6.6, 6.8 or 6.9; (v) a Material Adverse Market Event has occurred; (vi) a regulatory authority of the self regulatory organization governing broker-dealers takes the position that the intended purchase of the Common Stock contemplated herein and its resale by the Investor may cause the Investor to be a statutory underwriter subject alone or with its agents to the restrictions of Regulation M as promulgated by the SEC or otherwise restrict or prohibit the resale of the Common Stock Stock; or (vii) the Company shall otherwise breach the terms of this Agreement, including payment of the commitment fee provided for in Section 2.5.