Common use of Triggering Event Payment Clause in Contracts

Triggering Event Payment. In the event a Purchaser requires the Company to redeem Shares following a Triggering Event in accordance with Section 8.2 of the Articles, then in addition to the redemption price which such Purchaser receives from the Company, the Company shall also pay to such Purchaser the following amount (the “Triggering Event Payment”): (a) Upon the occurrence of a Triggering Event specified in clause (a) of the definition of Triggering Event, the amount, if any, by which (i) the Fair Value of the Shares being redeemed calculated as of the last day the Common Shares were traded on the NASDAQ National Market prior to the suspension giving rise to the Triggering Event exceeds (ii) the Stated Value of the Shares being redeemed; provided that in no event shall such amount be less than 0; or (b) Upon the occurrence of a Triggering Event specified in clauses (b), (c), (d), (e), (f) or (g) of the definition of Triggering Event, the greater of: (i) a payment equal to forty percent (40%) of the Stated Value of the Shares being redeemed; or (ii) a payment equal to: (A) (I) the number of Common Shares which such Shares would then be convertible into multiplied by (II) the highest price at which any Common Share is traded on the NASDAQ National Market or the Toronto Stock Exchange (with such price being adjusted into United States dollars) during the period between the occurrence of a Triggering Event and the date the Company delivers the Triggering Event Payment less The Company and the Purchaser hereby acknowledge and agree that the amounts payable under subparagraphs (a) and (b) above are mutually exclusive and in no event shall a Purchaser be entitled to payment of the amounts in both (a) and (b) above. Upon the occurrence of redemption following Triggering Events making both subparagraphs (a) and (b) above applicable, then the Purchaser redeeming Shares shall elect, in its sole discretion, whether to receive payment of the amount set forth in subparagraph (a) or (b) above.

Triggering Event Payment. In the event a Purchaser requires the Company to redeem Shares following a Triggering Event in accordance with Section 8.2 of the Articles, then in addition to the redemption price which such Purchaser receives from the Company, the Company shall also pay to such Purchaser the following amount (the “Triggering Event Payment”): (a) Upon the occurrence of a Triggering Event specified in clause (a) of the definition of Triggering Event, the amount, if any, by which (i) the Fair Value of the Shares being redeemed calculated as of the last day the Common Shares were traded on the NASDAQ National Market prior to the suspension giving rise to the Triggering Event exceeds (ii) the Stated Value of the Shares being redeemed; provided that in no event shall such amount be less than 0; or (b) Upon the occurrence of a Triggering Event specified in clauses (b), (c), (d), (e), (f) or (g) of the definition of Triggering Event, the greater of: (i) a payment equal to forty percent (40%) of the Stated Value of the Shares being redeemed; or (ii) a payment equal to: (A) (I) the number of Common Shares which such Shares would then be convertible into multiplied by (II) the highest price at which any Common Share is traded on the NASDAQ National Market or the Toronto Stock Exchange (with such price being adjusted into United States dollars) during the period between the occurrence of a Triggering Event and the date the Company delivers the Triggering Event Payment less The Company and the each Purchaser hereby acknowledge and agree that the amounts payable under subparagraphs (a) and (b) above are mutually exclusive and in no event shall a Purchaser be entitled to payment of the amounts in both (a) and (b) above. Upon the occurrence of redemption following Triggering Events making both subparagraphs (a) and (b) above applicable, then the Purchaser redeeming Shares shall elect, in its sole discretion, whether to receive payment of the amount set forth in subparagraph (a) or (b) above.