Common use of Equity Raise Clause in Contracts

Equity Raise. (a) The Company shall use commercially reasonable efforts to cause the consummation of the Equity Raise, and exercise its commercially reasonable efforts to take, or cause to be taken, appropriate action, and to do, or cause to be done, such things as are necessary, proper or advisable under applicable Laws or otherwise to consummate and make effective the Equity Raise as soon as reasonably practicable, but no later than the Outside Date, including, without limitation, using its commercially reasonable efforts to obtain all permits, consents, approvals, authorizations, qualifications and orders of Governmental Authority (and consents, approvals and agreements of Persons other than Governmental Authority, including the Company Shareholders’ Approval) necessary for the consummation of the Equity Raise. (b) Notwithstanding anything else set forth in this Agreement, the Company, upon (i) becoming aware of any termination (or purported termination) of any of the subscription agreements (including this Agreement), entered into by the Company with any Person in connection with the Equity Raise (each, a “Subscription Agreement” and collectively, the “Subscription Agreements”), or (ii) not expecting to receive any portion of the full amount of the Equity Raise on the terms, in the manner or from the sources contemplated by the Subscription Agreements, shall have the right to amend one or more Subscription Agreements or enter into one or more new subscription agreements with any Person, as required to consummate, and obtain the full amount of, the Equity Raise; provided that such transactions shall (x) not be under terms less favorable to the Company than those contained in this Agreement, when considered as a whole, (y) be at a price of US$0.06313 per Ordinary Share of the Company, and (z) not cause the amount of the Equity Raise to exceed US$90,000,000, provided that the Company may not amend a Subscription Agreement entered into with any other party which has fully complied with the terms thereunder without the written consent of the Investor.

Equity Raise. (a) The Company shall use commercially reasonable efforts to cause the consummation of the Equity Raise, and exercise its commercially reasonable efforts to take, or cause to be taken, appropriate action, and to do, or cause to be done, such things as are necessary, proper or advisable under applicable Laws or otherwise to consummate and make effective the Equity Raise as soon as reasonably practicable, but no later than the Outside Date, including, without limitation, using its commercially reasonable efforts to obtain all permits, consents, approvals, authorizations, qualifications and orders of Governmental Authority (and consents, approvals and agreements of Persons other than Governmental Authority, including the Company Shareholders’ Approval) necessary for the consummation of the Equity Raise. (b) Notwithstanding anything else set forth in this Agreement, the Company, upon (i) becoming aware of any termination (or purported termination) of any of the subscription agreements (including this Agreement), entered into by the Company with any Person in connection with the Equity Raise (each, a “Subscription Agreement” and collectively, the “Subscription Agreements”), or (ii) not expecting to receive any portion of the full amount of the Equity Raise on the terms, in the manner or from the sources contemplated by the Subscription Agreements, shall have the right to amend one or more Subscription Agreements or enter into one or more new subscription agreements with any Person, as required to consummate, and obtain the full amount of, the Equity Raise; provided that such transactions shall (x) not be under terms less favorable to the Company than those contained in this Agreement, when considered as a whole, (y) be at a price of US$0.06313 per Ordinary Share of the Company, and (z) not cause the amount of the Equity Raise to exceed US$90,000,000, provided that the Company may not amend a Subscription Agreement entered into with any other party which has fully complied with the terms thereunder without the written consent of the InvestorInvestors.

Equity Raise. (a) The Company shall use commercially reasonable efforts to cause the consummation of the Equity Raise, and exercise its commercially reasonable efforts to take, or cause to be taken, appropriate action, and to do, or cause to be done, such things as are necessary, proper or advisable under applicable Laws or otherwise to consummate and make effective the Equity Raise as soon as reasonably practicable, but no later than the Outside Date, including, without limitation, using its commercially reasonable efforts to obtain all permits, consents, approvals, authorizations, qualifications and orders of Governmental Authority (and consents, approvals and agreements of Persons other than Governmental Authority, including the Company Shareholders’ Approval) necessary for the consummation of the Equity Raise. (b) Notwithstanding anything else set forth in this Agreement, the Company, upon (i) becoming aware of any termination (or purported termination) of any of the subscription agreements (including this Agreement), entered into by the Company with any Person in connection with the Equity Raise (each, a “Subscription Agreement” and collectively, the “Subscription Agreements”), or (ii) not expecting to receive any portion of the full amount of the Equity Raise on the terms, in the manner or from the sources contemplated by the Subscription Agreements, shall have the right to amend one or more Subscription Agreements or enter into one or more new subscription agreements with any Person, as required to consummate, and obtain the full amount of, the Equity Raise; provided that such transactions shall (x) not be under terms less favorable to the Company than those contained in this Agreement, when considered as a whole, (y) be at a price of US$US$ 0.06313 per Ordinary Share of the Company, and (z) not cause the amount of the Equity Raise to exceed US$90,000,000, provided that the Company may not amend a Subscription Agreement entered into with any other party which has fully complied with the terms thereunder without the written consent of the Investor.