Common use of Article V Termination Clause in Contracts

Article V Termination. The rights and obligations of a Stockholder and its Permitted Transferees under this Article V shall terminate upon such Stockholder's Applicable Percentage equalling less than 3.5%, provided that in the event that a Stockholder's Applicable Percentage shall be less than 3.5% as a result of the issuance of additional Voting Shares by the Company, such Stockholder shall be so advised by the Company by written notice and the provisions of this Article V shall continue to bind and enure to the benefit of such Stockholder for a period of 180 days following such Stockholder's receipt of such notice and will continue to bind and enure to the benefit of such Stockholder thereafter in the event that such Stockholder (and/or its Permitted Transferees) acquires, during such 180-day period, a sufficient number of Voting Shares such that its Applicable Percentage equals or exceeds 3.5%.

Article V Termination. The rights and obligations of a Stockholder and its Permitted Transferees under this Article V shall terminate upon such Stockholder's Applicable Percentage equalling less than 3.5%, provided that in the event that a Stockholder's Applicable Percentage shall be less than 3.5% as a result of the issuance of additional Voting Shares by the Company, such Stockholder shall be so advised by the Company by written notice and the provisions of this Article V shall continue to bind and enure to the benefit of such Stockholder for a period of 180 days following such Stockholder's receipt of such notice and will continue to bind and enure to the benefit of such Stockholder thereafter in the event that such Stockholder (and/or its Permitted Transferees) acquires, during such 180-day period, a sufficient number of Voting Shares such that its Applicable Percentage equals or exceeds 3.5%.. ARTICLE VI

Article V Termination. The rights and obligations of a Stockholder and its Permitted Transferees under this Article V shall terminate upon such Stockholder's Applicable Percentage equalling less than 3.5%, provided that in the event that a Stockholder's Applicable Percentage shall be less than 3.5% as a result of the issuance of additional Voting Shares by the Company, such Stockholder shall be so advised by the 57 53 Company by written notice and the provisions of this Article V shall continue to bind and enure to the benefit of such Stockholder for a period of 180 days following such Stockholder's receipt of such notice and will continue to bind and enure to the benefit of such Stockholder thereafter in the event that such Stockholder (and/or its Permitted Transferees) acquires, during such 180-day period, a sufficient number of Voting Shares such that its Applicable Percentage equals or exceeds 3.5%.