Common use of COMMITMENT NOTE Clause in Contracts

COMMITMENT NOTE. In consideration for the Investor’s execution and delivery of this Agreement and the Registration Rights Agreement (the “Closing”), the Company shall deliver to the Investor, concurrently with the execution of this Agreement, a convertible promissory note, in substantially the form attached as Exhibit F (the “Commitment Note”), which note shall be convertible into shares of Common Stock (such shares of Common Stock, the “Note Shares”) on the terms and subject to the conditions set forth therein. For the avoidance of doubt, the Commitment Note and all of the Note Shares shall be fully earned as of the Closing Date, regardless of whether any Fixed Purchases, VWAP Purchases, or Additional VWAP Purchases are effected hereunder and regardless of any subsequent termination of this Agreement.

COMMITMENT NOTE. In consideration for the Investor’s execution and delivery of this Agreement and the Registration Rights Agreement (the “Closing”)Agreement, the Company shall deliver to the Investor, concurrently with the execution of this Agreement, a convertible promissory note, in substantially the form attached as Exhibit F D (the “Commitment Note”), which note shall be convertible into shares of Common Stock (such shares of Common Stock, the “Note Shares”) on the terms and subject to the conditions set forth therein. For the avoidance of doubt, the Commitment Note and all of the Note Shares shall be fully earned as of the Closing Date, regardless of whether any Fixed Purchases, VWAP Purchases, or Additional VWAP Purchases are effected hereunder and regardless of any subsequent termination of this Agreement.