Common use of Foreign Issuer Clause in Contracts

Foreign Issuer. The Corporation is a “foreign issuer” and reasonably believes that there is no “substantial U.S. market interest” (as such terms are defined in Regulation S under the U.S. Securities Act) with respect to the Common Shares; provided however, that the Corporation expects that it will not be a foreign issuer as of June 28, 2013, which would result in additional restrictions on the ability of the Purchasers to resell their Common Shares or Warrant Shares.

Foreign Issuer. The Corporation is a “foreign issuer” and reasonably believes that there is no “substantial U.S. market interest” (as such terms are defined in Regulation S under the U.S. Securities Act) with respect to the Common Shares; provided however, that the Corporation expects that it will not be a foreign issuer as of June 28, 2013, which would result in additional restrictions on the ability of the Purchasers to resell their Common Shares or Warrant Shares.