Common use of Effect of Draw Down Cancellation Clause in Contracts

Effect of Draw Down Cancellation. If a Draw Down Cancellation Notice has been delivered to the Investor after a Draw Down Date, the Valuation Period for such Draw Down shall end on the Draw Down Cancellation Date. In such event, the Investment Amount relating to such Draw Down shall be reduced by the Daily Draw-Down Proportion with respect to each Trading Day during the period beginning on and including the Draw Down Cancellation Date and ending on the last Trading Day of such Valuation Period. Anytime a Draw Down Cancellation Notice is delivered to the Investor, such Draw Down shall remain effective as to the portion of the Investment Amount not canceled pursuant to the preceding sentence. Notwithstanding anything to the contrary contained in Section 6.04 or the delivery of a Draw Down Cancellation Notice under Section 6.04(a)(iv) or otherwise, the Company shall remain obligated to issue and sell to the Investor on the terms of this Agreement shares of Common Stock to satisfy any sales or similar arrangement entered into by the Investor in connection with a Draw Down Notice prior to the Draw Down Cancellation Date with respect thereto. The Investor shall promptly notify the Company in writing of the number of shares which the Company shall be obligated to deliver with respect to any Draw Down Notice that is the subject of a Draw Down Cancellation Notice.

Effect of Draw Down Cancellation. If a Draw Down Cancellation Notice has been delivered to the Investor after a Draw Down Date, the Valuation Period for such Draw Down shall end on the Draw Down Cancellation Date. In such event, the Investment Amount relating to such Draw Down shall be reduced by the Daily Remaining Draw-Down Proportion with respect to each Trading Day during the period beginning on and including down Amount as of the Draw Down Cancellation Date and ending on the last Trading Day of such Valuation PeriodDate. Anytime a Draw Down Cancellation Notice is delivered to the Investor, such Draw Down shall remain effective as to the portion of the Investment Amount not canceled pursuant to the preceding sentence. Notwithstanding anything to the contrary contained in Section 6.04 or the delivery of a Draw Down Cancellation Notice under Section 6.04(a)(iv6.04(a) or otherwise, the Company shall remain obligated to issue and sell to the Investor on the terms of this Agreement shares of Common Stock the cumulative Daily Purchased Share Amounts for each Trading Day in the applicable Valuation Period up to satisfy any sales or similar arrangement entered into by the Investor in connection with a Draw Down Notice prior to but not including the Draw Down Cancellation Date with respect theretoDate. The Investor shall promptly notify the Company in writing of the number of shares which the Company shall be obligated to deliver with respect to any Draw Down Notice that is the subject of a Draw Down Cancellation Notice.