Common use of Termination of Investment Clause in Contracts

Termination of Investment. (a) The obligation of the Investor to make an Advance to the Company pursuant to this Agreement shall terminate permanently (including with respect to an Advance Date that has not yet occurred) in the event that (i) the Company shall have provided the Investor with notice of its intention to terminate this Agreement, (ii) there shall occur any stop order or suspension of the effectiveness of the Registration Statement for an aggregate of fifty (50) Trading Days, other than due to the acts of the Investor, during the Commitment Period, and (iii) the Company shall at any time fail materially to comply with the requirements of Article VI and such failure is not cured within thirty (30) days after receipt of written notice from the Investor, provided, however, that this termination provision shall not apply to any period commencing upon the filing of a post-effective amendment to such Registration Statement and ending upon the date on which such post effective amendment is declared effective by the SEC. (b) The Company may, at its sole discretion, terminate this Agreement upon ten (10) days prior written notice to the Investor. Notwithstanding the foregoing, so long as the Investor holds Registrable Securities issued hereunder, the Company's obligations hereunder and under the Registration Rights Agreement with respect to the Registration Rights Agreement shall survive such termination of this Agreement.

Termination of Investment. (a) The obligation of the Investor to make an Advance to the Company pursuant to this Agreement shall terminate permanently (including with respect to an Advance Date that has not yet occurred) in the event that (i) the Company shall have provided the Investor with prior written notice of its intention to terminate this Agreement, (ii) there shall occur any stop order or suspension of the effectiveness of the Registration Statement for an aggregate of fifty (50) Trading Days, other than due to the acts of the Investor, during the Commitment Period, and (iiiii) the Company shall at any time fail materially to comply with the requirements of Article VI and such failure is not cured within thirty (30) days after receipt of written notice from the Investor, provided, however, that this termination provision shall not apply to any period commencing upon the filing of a post-effective amendment to such Registration Statement and ending upon the date on which such post effective amendment is declared effective by the SEC. (b) The Provided there are no Advance Notices pending, the Company may, may at its sole discretion, terminate this Agreement upon ten (10) days prior written notice to the Investor. Notwithstanding the foregoing, so long as the Investor holds Registrable Securities issued hereunder, the Company's obligations hereunder and under the Registration Rights Agreement with respect to the Registration Rights Agreement shall survive such termination of this Agreementtermination.