Common use of Term, Termination by Mutual Consent Clause in Contracts

Term, Termination by Mutual Consent. The term of this Agreement shall expire on the earlier of (i) fourteen (14) months from the date hereof (the "Investment Period"), (ii) the date that the entire dollar amount of Shares registered under the Registration Statement have been issued and sold and (iii) the date the Purchaser shall have purchased $19,000,000 of Common Stock. Either party may terminate this agreement if the Company enters into a definitive agreement with respect to a merger or acquisition of the Company as a result of which more than fifty percent (50%) of the voting power of the Company is acquired or the Company would not be the surviving entity so long as such termination does not occur during a Draw Down Pricing Period, or during a Truncated Pricing Period, or prior to a Settlement Date of any Draw Down Pricing Period or Truncated Pricing Period. This Agreement may be terminated at any time by mutual written consent of the parties.

Term, Termination by Mutual Consent. The term of this ----------------------------------- Agreement shall expire on the earlier of (i) fourteen (14) months from the date hereof (the "Investment Period"), (ii) the date that the entire dollar amount of ----------------- Shares registered under the Registration Statement have been issued and sold and (iii) the date the Purchaser shall have purchased $19,000,000 14,000,000 of Common Stock. Either party may terminate this agreement if the Company enters into a definitive agreement with respect to a merger or acquisition of the Company as a result of which more than fifty percent (50%) of the voting power of the Company is acquired or the Company would not be the surviving entity so long as such termination does not occur during a Draw Down Pricing Period, or during a Truncated Pricing Period, or prior to a Settlement Date of any Draw Down Pricing Period or Truncated Pricing Period. This Agreement may be terminated at any time by mutual written consent of the parties.

Term, Termination by Mutual Consent. The term of this Agreement shall expire on the earlier of (i) fourteen twenty one (1421) months from the date hereof (the "Investment PeriodINVESTMENT PERIOD"), (ii) the date that the entire dollar amount number of Shares registered under the Registration Statement have been issued and sold and (iii) the date the Purchaser shall have purchased $19,000,000 57,000,000 of Common Stock. Either party may terminate this agreement if the Company enters into a definitive agreement with respect to a merger or acquisition of the Company as a result of which more than fifty percent (50%) of the voting power of the Company is acquired or the Company would not be the surviving entity so long as such termination does not occur during a Draw Down Pricing Period, or during a Truncated Pricing Period, or prior to a Settlement Date of any Draw Down Pricing Period or Truncated Pricing Period. This Agreement may be terminated at any time by mutual written consent of the parties.