Common use of Fixed Draw Down Notice Clause in Contracts

Fixed Draw Down Notice. If each of the Equity Conditions have been satisfied as of the applicable Draw Down Exercise Date, then from time to time during the Investment Period, the Company may, in its sole discretion, no later than 4:30 p.m. (New York City time) on the applicable Draw Down Exercise Date, provide to the Investor a Fixed Draw Down Notice, substantially in the form attached hereto as Exhibit B-1 (the “Fixed Draw Down Notice”), which Fixed Draw Down Notice shall become effective upon receipt thereof by the Investor on the applicable Draw Down Exercise Date, and directing the Investor to purchase a specified Draw Down Amount Requested (which shall not exceed the Maximum Fixed Draw Down Amount Requested). Upon the terms and subject to the conditions of this Agreement, the Investor is obligated to accept each Fixed Draw Down Notice prepared and delivered in accordance with the provisions of this Agreement and shall purchase from the Company the Shares subject to such Fixed Draw Down Notice at the applicable Fixed Purchase Price on the