Common use of Termination of Investment Obligation Clause in Contracts

Termination of Investment Obligation. The obligation of the ------------------------------------ Investor to purchase shares of Common Stock shall terminate permanently (including with respect to any Put, when a Put Notice has been given, but the applicable Closing Date has not yet occurred) in the event that (i) the Registration Statement is not effective within ninety (90) days following the date required therefor in the Registration Rights Agreement, (ii) there shall occur any stop order or suspension of the effectiveness of the Registration Statement for an aggregate of thirty (30) Trading Days during the Commitment Period, for any reason other than deferrals or suspension in accordance with Section 1.1(f) of the Registration Rights Agreement, as a result of corporate developments subsequent to the Subscription Date that would require such Registration Statement to be amended to reflect such event in order to maintain its compliance with the disclosure requirements of the Securities Act or (iii) the Company shall at any time fail to comply with the requirements of Section 6.3, 6.4, 6.5 or 6.6; provided, however, that, in the event that the -------- ------- Registration Statement is not declared effective on or before the date required therefor in the Registration Rights Agreement solely due to the SEC's determination that the transactions contemplated hereby do not qualify for effective registration, then either party may, by five Business Days' prior written notice to the other party, terminate this Agreement and all of the rights and obligations of the parties hereunder.

Termination of Investment Obligation. The obligation of the ------------------------------------ Investor to purchase shares of Common Stock shall terminate permanently (including with respect to any PutPurchase, when a Put Purchase Notice has been given, but the applicable Closing Date has not yet occurred) in the event that (i) the Registration Statement is not effective within ninety (90) days following the date required therefor in the Registration Rights Agreement, (ii) there shall occur any stop order or suspension of the effectiveness of the Registration Statement for an aggregate of thirty (30) Trading Days during the Commitment Period, for any reason other than deferrals or suspension in accordance with Section 1.1(f) of the Registration Rights Agreement, as a result of corporate developments subsequent to the Subscription Date that would require such Registration Statement to be amended to reflect such event in order to maintain its compliance with the disclosure requirements of the Securities Act or (iii) the Company shall at any time fail to comply with the requirements of Section 6.3, 6.4, 6.5 or 6.6; provided, however, that, in the event that the -------- ------- Registration Statement is not declared effective on or before the date required therefor in the Registration Rights Agreement solely due to the SEC's determination that the transactions contemplated hereby do not qualify for effective registration, then either party may, by five Business Days' prior written notice to the other party, terminate this Agreement and all of the rights and obligations of the parties hereunder.

Termination of Investment Obligation. The obligation of the ------------------------------------ Investor to purchase shares of Common Stock shall terminate permanently (including with respect to any PutPurchase, when a Put Purchase Notice has been given, but the applicable Closing Date has not yet occurred) in the event that (i) the Registration Statement is not effective within ninety (90) days following the date required therefor in the Registration Rights Agreement, (ii) there shall occur any stop order or suspension of the effectiveness of the Registration Statement for an aggregate of thirty (30) Trading Days during the Commitment Period, for any reason other than deferrals or suspension in accordance with Section 1.1(f) of the Registration Rights Agreement, as a result of corporate developments subsequent to the Subscription Date that would require such Registration Statement to be amended to reflect such event in order to maintain its compliance with the disclosure requirements of the Securities Act or (iii) the Company shall at any time fail to comply with the requirements of Section 6.3, 6.4, 6.5 or 6.6; provided, however, that, in the event that the -------- ------- Registration Statement is not declared effective on or before the date required therefor in the Registration Rights Agreement solely due to the SEC's determination that the transactions contemplated hereby do not qualify for effective registrationregistration pursuant to Form S-3, then either party may, by five Business Days' prior written notice to the other party, terminate this Agreement and all of the rights and obligations of the parties hereunder.