Preservation of Conversion Price

Preservation of Conversion Price. If at any time (1) the Company is unable to issue Conversion Shares on a Conversion Date (or any other date on which the Company may be required to issue Conversion Shares), in compliance with this Agreement, or is unable perform any of its obligations under Sections 10.8(B) and 10.10(C), for any reason, and/or (2) the issue of Conversion Shares on the Conversion Date in compliance with this Agreement, or the performance of any of its obligations under Sections 10.8(B) and 10.8(C), would impose a Regulatory Burden on the Investor, then, in each case, without limiting any other rights of the Investor under this Agreement, the Investor may (but is not required to), at any time, by written notice to the Company: (A) hold over the Conversion Price and as the case may be the Canadian Dollar Equivalent that would have applied to the Conversion (the " Applicable Conversion Price " and the " Applicable Canadian Dollar Equivalent ", respectively); and (B) once the Company's inability to issue Conversion Shares in compliance with this Agreement, or to perform its obligations under Sections 10.8(B) and 10.8(C), as applicable, has been overcome, or the issue of Conversion Shares in compliance with this Agreement, or the performance of its obligations under Sections 10.8(B) and 10.8(C), as applicable, would not impose a Regulatory Burden on the Investor, as applicable, apply the Applicable Conversion Price and/or the Applicable Canadian Dollar Equivalent to determine the number of Conversion Shares that are then issuable and to the operation of Sections 10.8(B) and 10.8(C) (and, if the Applicable Conversion Price and/or the Applicable Canadian Dollar Equivalent is so applied by the Investor, the Company shall then issue such number of Conversion Shares in accordance with this Agreement and perform its obligations under Sections 10.8(B) and 10.8(C)).