Common use of Written confirmation Clause in Contracts

Written confirmation. At or prior to 5:30 p.m., New York City time, on the VWAP Purchase Date for each VWAP Purchase and each Intraday VWAP Purchase, if applicable, the Investor shall provide to the Company and the Transfer Agent a written confirmation for such VWAP Purchase or Intraday VWAP Purchase (i) confirming that the Investor’s representations, warranties and covenants set forth in Section 4.11 of this Agreement are true and correct as of such VWAP Purchase Date, and (ii) setting forth the applicable VWAP Purchase Price, the total number of Shares being purchased by the Investor in such VWAP Purchase or Intraday VWAP Purchase, the total aggregate VWAP Purchase Price to be paid by the Investor for such VWAP Purchase or Intraday VWAP Purchase, the VWAP Purchase Period and (if applicable) the Intraday VWAP Purchase Period, and, if the Investor is purchasing a number of Shares less than the VWAP Purchase Share Amount or Intraday VWAP Purchase Share Amount, the Investor’s calculation of the VWAP Purchase Commitment Amount.

Written confirmation. At or prior to 5:30 p.m., New York City time, on the VWAP Purchase Date for each VWAP Purchase and each Intraday VWAP Purchase, if applicable,, the Investor shall provide to the Company and the Transfer Agent a written confirmation for such VWAP Purchase or Intraday VWAP Purchase (i) confirming that the Investor’s representations, warranties and covenants set forth in Section 4.11 of this Agreement are true and correct as of such VWAP Purchase Date, and (ii) setting forth the applicable VWAP Purchase Price, the total number of Shares being purchased by the Investor in such VWAP Purchase or Intraday VWAP Purchase, the total aggregate VWAP Purchase Price to be paid by the Investor for such VWAP Purchase or Intraday VWAP Purchase, the VWAP Purchase Period and (if applicable) the Intraday VWAP Purchase Period, and, if the Investor is purchasing a number of Shares less than the VWAP Purchase Share Amount or Intraday VWAP Purchase Share Amount, the Investor’s calculation of the VWAP Purchase Commitment Amount.