Common use of Defense Production Act of 1950 Clause in Contracts

Defense Production Act of 1950. The Company shall provide prompt notice to the Investors in the event that, to the knowledge of the Company, (i) any pre-existing products or services provided by the Company (a) are re-categorized by the U.S. government as critical technologies within the meaning of the Defense Production Act of 1950, as amended, including all implementing regulations thereof, (the “DPA”), or (b) would reasonably be considered to constitute the design, fabrication, development, testing, production or manufacture of critical technologies after a re-categorization of selected technologies by the U.S. government, or (ii) after execution of the Purchase Agreement, the Company (a) engages in any activities that would reasonably be considered to constitute the design, fabrication, development, testing, production or manufacture of critical technologies within the meaning of the DPA, or (b) becomes a TID U.S. business within the meaning of the DPA.

Defense Production Act of 1950. The Company shall provide prompt notice to the Investors in the event that, to the knowledge of the Company, that (i) any pre-existing products or services provided by the Company (a) are re-categorized by the U.S. government as critical technologies within the meaning of the Defense Production Act of 1950, as amended, including all implementing regulations thereof, (the “DPA”), or (b) would reasonably be considered to constitute the design, fabrication, development, testing, production or manufacture of “critical technologies technologies” (as defined in the DPA) after a re-categorization of selected technologies by the U.S. government, or (ii) after execution of the Purchase Agreement, the Company (a) engages in any activities that would reasonably be considered to constitute the design, fabrication, development, testing, production or manufacture of critical technologies within the meaning of the DPAtechnologies, or (b) becomes a TID U.S. business within the meaning of the DPA.

Defense Production Act of 1950. The Company shall provide prompt notice to the Investors in the event that, to the knowledge of the Company, that (i) any pre-existing products or services provided by the Company (a) are re-categorized by the U.S. government as critical technologies within the meaning Section 721 of the Defense Production Act of 1950, as amendedamended (50 U.S.C. § 4565), including all implementing regulations thereof, (the “DPA”), or (b) would reasonably be considered to constitute the design, fabrication, development, testing, production or manufacture of “critical technologies technologies” (as defined in the DPA) after a re-categorization of selected technologies by the U.S. government, or (ii) after execution of the Purchase Agreement, the Company (a1) engages in any activities that would reasonably be considered to constitute the design, fabrication, development, testing, production or manufacture of critical technologies within the meaning of the DPAtechnologies, or (b2) becomes a “TID U.S. business Business” within the meaning of the DPA.