Common use of Clearing Date Clause in Contracts

Clearing Date. In the event that the Company fails to deposit into the Investor’s or its designated Broker-Dealer’s account at DTC through its DWAC delivery system the Shares pursuant to Fixed Purchase, VWAP Purchase, or Additional VWAP Purchase, as applicable, on the Share Settlement Date, and the lowest trade price for the Common Shares on the Clearing Date is lower than that at the time any Shares pursuant to a Fixed Purchase, VWAP Purchase, or Additional VWAP Purchase are actually issued, then the price per share at which such Shares are issued shall be adjusted such that the price per share at which such Shares are issued shall be calculated from the closing trade price on the Clearing Date, and the Company shall issue additional Shares to Investor to reflect such adjusted price per Share. For purposes of this Agreement, “Clearing Date” shall be on the date on which any Shares pursuant to a Fixed Purchase, VWAP Purchase, or Additional VWAP Purchase are deposited into the Investor’s or its designated Broker-Dealer’s account at DTC through its DWAC delivery system and Investor’s broker has confirmed with Investor that the Investor may execute trades of such Shares and shall exclude the Share Settlement Date.

Clearing Date. In the event that the Company fails to deposit into the Investor’s or its designated Broker-Dealer’s account at DTC through its DWAC delivery system the Shares pursuant to Fixed Purchase, VWAP Purchase, or Additional VWAP Purchase, as applicable, on the Share Settlement Date, and If the lowest trade price for the Common Shares Stock on the Clearing Date is lower than that at the time any Shares pursuant to a Fixed Purchase, VWAP Purchase, or Additional VWAP Purchase are actually issued, then the price per share at which such Shares are issued shall be adjusted such that the price per share at which such Shares are issued shall be calculated from the closing trade price on the Clearing Date, and the Company shall issue additional Shares to Investor to reflect such adjusted price per Share. The adjustment pursuant to the preceding sentence shall be calculated and applied on a cumulative basis with respect each Trading Day for which such calculation is made pursuant to the preceding sentence, as applicable. The Investor shall provide written documentation evidencing the information necessary for such calculation in the form reasonably satisfactory to the Company. For purposes of this Agreement, “Clearing Date” shall be on the date on which any Shares pursuant to a Fixed Purchase, VWAP Purchase, or Additional VWAP Purchase are deposited into the Investor’s or its designated Broker-Dealer’s brokerage account at DTC through its DWAC delivery system and Investor’s broker has confirmed with Investor that the Investor may execute trades of such Shares and shall exclude the Share Settlement DateShares.