Common use of Minimum Commitment Amount Clause in Contracts

Minimum Commitment Amount. If during the Commitment ------------------------- Period the Company, for any reason (including a failure to cause a Registration Statement to be declared effective under the Registration Rights Agreement), fails to issue and deliver Put Shares having an aggregate Purchase Price equal to or exceeding the Minimum Commitment Amount, then, the Company shall, by the tenth Business Day following the Commitment Period, pay to the Investors, in cash, an amount equal to the product of (a) the Undrawn Amount and (b) the Market Price less the Purchase Price, measured on the day of expiration of the Commitment Period.

Minimum Commitment Amount. If during the Commitment Period ------------------------- Period the Company, for any reason (including a failure to cause a Registration Statement to be declared effective under the Registration Rights Agreement), fails to issue and deliver Put Shares having an aggregate Purchase Price equal to or exceeding the Minimum Commitment Amount, then, the Company shall, by the tenth Business Day following the Commitment Period, pay to the Investors, in cash, an amount equal to the product of (a) the Undrawn Amount and (b) the Market Price less the Purchase Price, measured on the day of expiration of the Commitment Period.