Common use of Withdrawal Right Clause in Contracts

Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever the Investor exercises a right, election, demand or option under a Transaction Document and the Company or any Subsidiary does not timely perform its related obligations within the periods therein provided, then the Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company or such Subsidiary (as the case may be), any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights; provided, however, that in the case of a rescission of an exercise of the Series A Warrant or the Series B Warrant, no Investor shall be required to return any Series A Warrant Shares or Series B Warrant Shares, respectively, subject to any such rescinded exercise notice concurrently with the return to the Investor of the aggregate exercise price paid to the Company for such Series A Warrant Shares or Series B Warrant Shares, as applicable, and the restoration of the Investor’s right to acquire such Series A Warrant Shares or Series B Warrant Shares pursuant to such Series A Warrant or Series B Warrant (including, issuance of a replacement warrant certificate evidencing such restored right), respectively.

Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever the Investor Buyer exercises a right, election, demand or option under a Transaction Document and the Company or any Subsidiary does not timely perform its related obligations within the periods therein provided, then the Investor Buyer may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company or such Subsidiary (as the case may be), any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights; provided, however, that in the case of a rescission of a conversion of Series B Stock or an exercise of the Series A Warrant or Warrants, the Series B Warrant, no Investor Buyer shall be required to return any Series A Warrant B Preferred Shares or Series B Warrant Shares, respectively, subject to any such rescinded exercise notice concurrently with the return to the Investor Buyer of the aggregate exercise price paid to the Company for such Series A B Preferred Shares or Warrant Shares or Series B Warrant Shares, as applicable, and the restoration of the InvestorBuyer’s right to acquire such Series A Warrant B Preferred Shares or Series B Warrant Shares pursuant to such Series A Warrant B Stock or Series B Warrant Warrants (including, issuance of a replacement warrant certificate evidencing such restored right), respectively.

Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever the Investor Buyer exercises a right, election, demand or option under a Transaction Document and the Company or any Subsidiary does not timely perform its related obligations within the periods therein provided, then the Investor Buyer may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company or such Subsidiary (as the case may be), any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights; provided, however, that in the case of a rescission of an exercise of the Series A Warrant or the Series B Warrant, no Investor the Buyer shall be required to return any Series A Warrant Shares or Series B Warrant Shares, respectively, subject to any such rescinded exercise notice concurrently with the return to the Investor Buyer of the aggregate exercise price paid to the Company for such Series A Warrant Shares or Series B Warrant Shares, as applicable, and the restoration of the InvestorBuyer’s right to acquire such Series A Warrant Shares or Series B Warrant Shares pursuant to such Series A Warrant or Series B Warrant (including, issuance of a replacement warrant certificate evidencing such restored right), respectively.

Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever the Investor Buyer exercises a right, election, demand or option under a Transaction Document and the Company or any Subsidiary does not timely perform its related obligations within the periods therein provided, then the Investor Buyer may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company or such Subsidiary (as the case may be), any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights; provided, however, that in the case of a rescission of an exercise of the Series A E Warrant or the Series B F Warrant, no Investor the Buyer shall be required to return any Series A E Warrant Shares or Series B F Warrant Shares, respectively, subject to any such rescinded exercise notice concurrently with the return to the Investor Buyer of the aggregate exercise price paid to the Company for such Series A E Warrant Shares or Series B F Warrant Shares, as applicable, and the restoration of the InvestorBuyer’s right to acquire such Series A E Warrant Shares or Series B F Warrant Shares pursuant to such Series A E Warrant or Series B F Warrant (including, issuance of a replacement warrant certificate evidencing such restored right), respectively.

Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever the Investor Buyer exercises a right, election, demand or option under a Transaction Document and the Company or any Subsidiary does not timely perform its related obligations within the periods therein provided, then the Investor Buyer may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company or such Subsidiary (as the case may be), any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights; provided, however, that in the case of a rescission of a conversion of Series E Stock or an exercise of the Series A Warrant or the Series B N Warrant, no Investor the Buyer shall be required to return any Series A Warrant E Preferred Shares or Series B N Warrant Shares, respectively, subject to any such rescinded exercise notice concurrently with the return to the Investor Buyer of the aggregate exercise price paid to the Company for such Series A Warrant E Preferred Shares or Series B N Warrant Shares, as applicable, Shares and the restoration of the InvestorBuyer’s right to acquire such Series A Warrant E Preferred Shares or Series B N Warrant Shares pursuant to such Series A Warrant E Stock or Series B N Warrant (including, issuance of a replacement warrant certificate evidencing such restored right), respectively.

Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever the Investor Buyer exercises a right, election, demand or option under a Transaction Document and the Company or any Subsidiary does not timely perform its related obligations within the periods therein provided, then the Investor Buyer may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company or such Subsidiary (as the case may be), any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights; provided, however, that in the case of a rescission of an exercise of the Series A K Warrant or the Series B L Warrant, no Investor the Buyer shall be required to return any Series A K Warrant Shares or Series B L Warrant Shares, respectively, subject to any such rescinded exercise notice concurrently with the return to the Investor Buyer of the aggregate exercise price paid to the Company for such Series A K Warrant Shares or Series B L Warrant Shares, as applicable, and the restoration of the InvestorBuyer’s right to acquire such Series A K Warrant Shares or Series B L Warrant Shares pursuant to such Series A K Warrant or Series B L Warrant (including, issuance of a replacement warrant certificate evidencing such restored right), respectively.

Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever the Investor Buyer exercises a right, election, demand or option under a Transaction Document and the Company or any Subsidiary does not timely perform its related obligations within the periods therein provided, then the Investor Buyer may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company or such Subsidiary (as the case may be), any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights; provided, however, that in the case of a rescission of an exercise of the Series A C Warrant or the Series B D Warrant, no Investor the Buyer shall be required to return any Series A C Warrant Shares or Series B D Warrant Shares, respectively, subject to any such rescinded exercise notice concurrently with the return to the Investor Buyer of the aggregate exercise price paid to the Company for such Series A C Warrant Shares or Series B D Warrant Shares, as applicable, and the restoration of the InvestorBuyer’s right to acquire such Series A C Warrant Shares or Series B D Warrant Shares pursuant to such Series A C Warrant or Series B D Warrant (including, issuance of a replacement warrant certificate evidencing such restored right), respectively.

Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever the Investor Buyer exercises a right, election, demand or option under a Transaction Document and the Company or any Subsidiary does not timely perform its related obligations within the periods therein provided, then the Investor Buyer may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company or such Subsidiary (as the case may be), any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights; provided, however, that in the case of a rescission of an exercise of the Series A I Warrant or the Series B J Warrant, no Investor the Buyer shall be required to return any Series A I Warrant Shares or Series B J Warrant Shares, respectively, subject to any such rescinded exercise notice concurrently with the return to the Investor Buyer of the aggregate exercise price paid to the Company for such Series A I Warrant Shares or Series B J Warrant Shares, as applicable, and the restoration of the InvestorBuyer’s right to acquire such Series A I Warrant Shares or Series B J Warrant Shares pursuant to such Series A I Warrant or Series B J Warrant (including, issuance of a replacement warrant certificate evidencing such restored right), respectively.