Common use of Late Issuance Clause in Contracts

Late Issuance. Upon conversion of the Debentures and the exercise of the Warrants, in whole or in part, if the Investor does not receive a copy of the DRS advice reflecting the issuance of the relevant Common Shares to be issued with respect to the conversion of such Debentures and/or exercise of such Warrants within two (2) Business Days following the delivery of a Conversion Notice or Warrant Exercise Notice (as applicable, a “Late Issuance”), the Corporation shall pay to the Investor the greater of (i) one thousand dollars ($1,000) per Business Day of delay in the delivery of the DRS advice with respect to the relevant Common Shares; and (ii) for each Common Share issued upon the conversion of the Debentures or the exercise of the Warrants, as applicable, an amount equal to the difference (if positive) between (a) the closing price of the Common Shares two (2) Business Days after the date of delivery of the Conversion Notice or Warrant Exercise Notice, as applicable, and (b) the closing price of the Common Shares on the Business Day immediately prior to the date on which the DRS advice with respect to the relevant Common Shares is received by the Investor. Notwithstanding the foregoing, in connection with a Late Issuance, if, prior to the delivery to the Investor of the DRS advice with respect to the relevant Common Shares, an Event of Default occurs of the type described in clause (ii) of the definition thereof and the Investor elects to require the Corporation to immediately redeem in cash all or any of its Debentures in respect of such Late Issuance in accordance with Section 2.3.4, then the Corporation shall pay to the Investor the amount calculated in accordance with this Section 2.3.5, up to and including the date the Investor’s notice to the Corporation of its redemption election is to be delivered in accordance with the terms of the Debentures concurrently with the redemption payment for the Debentures so redeemed. The Corporation shall pay any payments incurred under this section in immediately available funds upon demand.

Late Issuance. Upon conversion of the Debentures and the exercise of the WarrantsOutstanding Principal, in whole or in part, if the Investor Holder does not receive a copy of the DRS advice reflecting the issuance of the relevant Common Shares to be issued with respect to the conversion of such Debentures and/or exercise of such Warrants within two (2) Business Days following the delivery of a Conversion Notice or Warrant Exercise Notice the Maturity Date (as applicable, a “Late Issuance”), as applicable, the Corporation shall pay to the Investor Holder the greater of of: (ia) one thousand dollars ($1,000) per Business Day of delay in the delivery of the DRS advice with respect to the relevant Common Shares; and (iib) for each Common Conversion Share which issued upon the relevant conversion of the Debentures or the exercise of the Warrants, as applicableOutstanding Principal, an amount equal to the difference (if positive) between between (ai) the closing price of the Common Shares two (2) Business Days after the date of delivery of the Conversion Notice or Warrant Exercise Noticethe Maturity Date, as applicable, and (bii) the closing price of the Common Shares on the Business Day immediately prior to the date on which the DRS advice with respect to the relevant Common Conversion Shares is received by delivered to the InvestorHolder. Notwithstanding the foregoing, in connection with a Late Issuance, if, prior to the delivery to the Investor Holder of the DRS advice with respect to the relevant Common Conversion Shares, an Event of Default occurs of the type described in clause (iib) of the definition thereof and the Investor Holder elects to require the Corporation to immediately redeem in cash all or any of its Debentures this Convertible Debenture in respect of such Late Issuance in accordance with Section 2.3.42.2(b), then the Corporation shall pay to the Investor Holder the amount calculated in accordance with this Section 2.3.52.6, up to and including the date the InvestorHolder’s notice to the Corporation of its redemption election is to be delivered in accordance with the terms of the Debentures pursuant to Section 2.2(b) concurrently with the redemption payment for the Debentures amount of the Outstanding Principal so redeemed. The Corporation shall pay any payments incurred under this section in immediately available funds upon demand.