Common use of Termination of Investment Clause in Contracts

Termination of Investment. 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 Purchase Date that has not yet occurred) in the event that (i) 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, (ii) the Company fails to maintain the listing of its Common Stock pursuant to Section 6.3, 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.

Termination of Investment. 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 Purchase Date that has not yet occurred) in the event that (i) there shall occur any stop order or suspension of the effectiveness of the any currently effective Registration Statement for an aggregate of fifty (50) Trading Days, other than due to the acts of the Investor, during the Commitment Period, (ii) the Company fails to maintain the listing of its Common Stock pursuant to Section 6.3, 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.

Termination of Investment. 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 Purchase Date that has not yet occurred) in the event that (i) 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, Yorkville Advisors, LLC, or any of their respective affiliates, agents or reprenetatives, during the Commitment Period, or (ii) the Company fails to maintain the listing of its Common Stock pursuant to Section 6.3, 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 thereof 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.

Termination of Investment. The obligation of the Investor to make an Advance to the Company and the obligation of the Company to issue shares of the Company's Common Stock to the Investor pursuant to this Agreement shall terminate permanently (including with respect to an Advance Purchase Date that has not yet occurred) in the event that (i) 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, or (ii) the Company fails to maintain the listing of its Common Stock pursuant to Section 6.3, 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 InvestorInvestor or (iii) this Agreement is terminated in accordance with the provisions of Section 10.2 hereof, 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.