Common use of Delisting/Deregistration/Suspension Clause in Contracts

Delisting/Deregistration/Suspension. If at any time during the Open Period or within thirty days after the end of the Open Period, (i) the Common Stock is delisted from the Principal Market or (ii) the Common Stock is not registered under the Exchange Act or (iii) trading of the Common Stock on the Principal Market is suspended for more than four (4) consecutive full Business Days for any reason(s) specific to the Company which have or are likely to have, individually or in the aggregate, an effect on the ongoing business, operations, properties or financial condition of the Company and any other entities controlled by the Company, taken as a whole, which is material and adverse to the Company and such entities, taken as a whole or (iv) if any registration statement with respect to the Common Stock issued or issuable hereunder (including the Registration Statement) is no longer effective or subject to a stop order or otherwise suspended by the Company as a result of action or inaction by the Company, and if, in the case of the circumstances described in clause (iv) of this Section 2.6, such circumstances shall exist for periods in excess of those provided in Section 7 of the Registration Rights Exhibit with respect thereto, the Investor shall have the right, at its option in its sole discretion, which right shall be exercised within thirty days of such event or occurrence, to sell to the Company, and the Company agrees to buy, promptly upon the exercise of such right by the Investor, but in any event within thirty (30) calendar days of the exercise of such right, and subject to the limitations imposed by the Delaware General Corporation Law, all or any part of the Common Stock issued to the Investor within 45 Business Days preceding the Investor's exercise of the option provided to it in this Section 2.6 and then held by the Investor at a price per share equal to the Market Stock Price at the time such share was purchased (the "Payment Amount"); provided, however, that the Company shall be under no obligation to repurchase such shares if the

Delisting/Deregistration/Suspension. If at any time during the Open Period or within thirty days after the end of the Open Period, (i) the Common Stock is delisted from the Principal Market or (ii) the Common Stock is not registered under the Exchange Act or (iii) trading of the Common Stock on the Principal Market is suspended for more than four (4) two consecutive full Business Days trading days or for any cause(s) or reason(s) specific to the Company which have or are likely to have, individually or in the aggregate, an effect on the ongoing business, operations, properties properties, prospects, or financial condition of the Company and any other entities controlled by the Company, taken as a whole, which is material and adverse to it or them, as the Company and such entitiescase may be, taken as a whole or (iv) if any registration statement with respect to the Common Stock issued or issuable hereunder (including the Registration Statement) is no longer effective or subject to a stop order or otherwise suspended by the Company or as a result of action or inaction by the Company, and if, in the case of the circumstances described in clause (iv) of this Section 2.6, such circumstances shall exist for periods in excess of those provided in Section 7 8 of the Registration Rights Exhibit with respect thereto, the Investor shall have the right, at its option in its sole discretion, which right shall be exercised within thirty days of such event or occurrence, to sell to the Company, and the Company agrees to buy, promptly upon the exercise of such right by the Investor, but in any event within thirty (30) calendar days of the exercise of such right, Investor and subject to the limitations imposed by the Delaware General Corporation Law, all or any part of the Common Stock issued to the Investor within 45 Business Days and then held by the Investor at a price per share equal to the Average Stock Price at the time such share was purchased or at the time such right pursuant to this Section 2.6 is exercised by the Investor, whichever is greater; PROVIDED, HOWEVER, that the number of Shares of Common Stock subject to the Investor's option hereunder shall in no event exceed the number of such Shares acquired by the Investor hereunder during the 60 trading days preceding the Investor's exercise of the option provided to it in this Section 2.6 and then held by during no part of which any of the circumstances described in clause (i) through (iv) of this Section 2.6 existed; and provided further that the Company's obligation so to buy said Common Stock from the Investor at a price per share equal to the Market Stock Price at the time such share was purchased (the "Payment Amount"); provided, however, that the Company shall be under no obligation subordinated to repurchase such shares if thecertain Senior Indebtedness.

Delisting/Deregistration/Suspension. If at any time during the Open Period or within thirty days after the end of the Open Period, (i) the Common Stock is delisted from Registration Statement, after it has been declared effective, shall not remain effective and available for sale of all the Principal Market or Registrable Securities, (ii) the Common Stock is shall not registered under be listed on The American Stock Exchange, Inc. or The New York Stock Exchange, Inc. or designated on the Exchange Act Nasdaq National Market or shall have been suspended from trading or the Company shall have been notified of any pending or threatened proceeding or other action to delist or suspend the Common Stock; or (iii) trading of the Common Stock on the Principal Market is suspended for more than four (4) consecutive full Business Days for any reason(s) specific to the Company which there shall have or are likely to have, individually or in the aggregate, an effect on the ongoing business, operations, properties or financial condition of the Company and any other entities controlled by the Company, taken as occurred a whole, which is material and adverse to the Company and such entities, taken as a whole or (iv) if any registration statement with respect to the Common Stock issued or issuable hereunder (including the Registration Statement) is no longer effective or subject to a stop order or otherwise suspended by the Company as a result of action or inaction by the Company, and if, in the case of the circumstances described in clause (iv) of this Section 2.6, such circumstances shall exist for periods in excess of those provided in Section 7 of the Registration Rights Exhibit with respect theretoTriggering Event, the Investor shall have the right, as partial relief for the damages to any Investor by reason of the occurrence of the events listed in clauses (i), (ii) or (iii) above (which remedy shall not be exclusive of any other remedies available at law or equity), at its option in its sole discretion, which right shall be exercised within thirty days of such event or occurrenceoccurrence (a "REPURCHASE EVENT"), to sell to the Company, and the Company agrees to buy, promptly upon the exercise of such right by the Investor, but in any event within thirty (30) calendar days of the exercise of such right, and subject to the limitations imposed by the Delaware General Texas Business Corporation Law, all or any part of the Common Stock issued to the Investor within 45 Business Days preceding the Investor's exercise of the option provided to it in this Section 2.6 1(k) and then held by the Investor at a price per share equal to the Market Stock highest Applicable Trading Price at during the time period beginning on the date of the Repurchase Event and ending on and including the date on which the Investor exercises its right to require the Company to repurchase such share was purchased Shares (the "Payment AmountPAYMENT AMOUNT"); provided. If the Company fails to purchase the number of Shares of Common Stock from the Investor within ten calendar days of the exercise of the Investor's option hereunder, however, that the Company shall be under no obligation pay to repurchase the Investor, on the first Business Day following such shares if thetenth calendar day, in addition to and not in lieu of the amount payable by the Company to the Investor upon exercise of the option, an amount equal to two percent (2%) of the aggregate Payment Amount then due and payable to the Investor, in cash or by certified check or wire transfer, plus compounded annual interest of 15% on such Payment Amount during the period, beginning on the day following such thirtieth calendar day, during which such amount, or any portion, is outstanding.

Delisting/Deregistration/Suspension. If at any time during the Open Period or within thirty days after the end of the Open Period, (i) the Common Stock is delisted from the Principal Market or (ii) the Common Stock is not registered under the Exchange Act or (iii) trading of the Common Stock on the Principal Market is suspended for more than four (4) two consecutive full Business Days trading days or for any cause(s) or reason(s) specific to the Company which have or are likely to have, individually or in the aggregate, an a significant effect on the ongoing business, operations, properties properties, prospects, or financial condition of the Company and any other entities controlled by the Company, taken as a whole, which is material and adverse to the Company and such entities, taken as a whole whole, and which, during the ten trading days following public disclosure of such event, results in a 30% or more decrease in the Applicable Trading Price of the Common Stock or (iv) if any registration statement with respect to the Common Stock issued or issuable hereunder (including the Registration Statement) is no longer effective or subject to a stop order or otherwise suspended by the Company or as a result of action or inaction by the Company, and if, in the case of the circumstances described in clause (iv) of this Section 2.6, such circumstances shall exist for periods in excess of those provided in Section 7 8 of the Registration Rights Exhibit with respect thereto, the Investor shall have the right, at its option in its sole discretion, which right shall be exercised within thirty days of such event or occurrence, to sell to the Company, and the Company agrees to buy, promptly upon the exercise of such right by the Investor, but in any event within thirty (30) calendar days of the exercise of such right, Investor and subject to the limitations imposed by the Delaware General Minnesota Business Corporation LawAct, all or any part of the Common Stock issued to the Investor within 45 Business Days preceding the Investor's exercise of the option provided to it in this Section 2.6 and then held by the Investor at a price per share equal to the Market Stock Price at the time such share was purchased (or at the "Payment Amount")time such right pursuant to this Section 2.6 is exercised by the Investor, whichever is greater; provided, however, that the Company number of Shares of Common Stock subject to the Investor's option hereunder shall be under in no obligation event exceed the number of such Shares acquired by the Investor hereunder during the 60 trading days preceding the Investor's exercise of the option provided to repurchase such shares if theit in this Section 2.6 and during no part of which any of the circumstances described in clause (i) through (iv) of this Section 2.6 existed.