Common use of Additional Relief Clause in Contracts

Additional Relief. If the Company shall fail for any reason or for no reason to issue to such holder unlegended certificates within three (3) Business Days of receipt of documents necessary for the removal of legend set forth above (the “Deadline Date”), then, in addition to all other remedies available to the holder, if on or after the Business Day immediately following such three (3) Business Day period, the holder purchases (in an open market transaction or otherwise) Securities to deliver in satisfaction of a sale by the holder of Securities that the holder anticipated receiving from the Company (a “Buy-In"), then the Company shall, within five (5) Business Days after the holder’s request and in the holder’s discretion, either (i) pay cash to the holder in an amount equal to the holder’s total purchase price (including brokerage commissions, if any) for the Securities so purchased (the “Buy-In Price"), at which point the Company’s obligation to deliver such certificate (and to issue such Securities) shall terminate, or (ii) if applicable, promptly honor its obligation to deliver to the holder a certificate or certificates representing such Securities and pay cash to the holder in an amount equal to the excess (if any) of the Buy-In Price over the product of (A) such number of Securities, times (B) the Closing Bid Price (as defined in the Warrants) on the Deadline Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Smart Video Technologies Inc)

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Additional Relief. If the Company shall fail for any reason or for no reason to issue to such holder unlegended certificates or to credit the Purchaser’s DTC account with unrestricted shares within three five (35) Business Trading Days following the satisfaction of receipt of documents necessary the conditions for the removal of legend set forth above (the “Deadline Date”), then, in addition to all other remedies available to the holder, if on or after the Business Trading Day immediately following such three five (35) Business Trading Day period, the holder purchases (in an open market transaction or otherwise) Securities to deliver in satisfaction of a sale by the holder of Securities that the holder anticipated receiving without legend from the Company (a “Buy-In"), then the Company shall, within five three (53) Business Trading Days after the holder’s request and in the holder’s discretion, either (i) pay cash to the holder in an amount equal to the holder’s total purchase price (including brokerage commissions, if any) for the Securities so purchased (the “Buy-In Price"), at which point the Company’s obligation to deliver such certificate (and to issue such Securities) shall terminate, or (ii) if applicable, promptly honor its obligation to deliver to the holder a certificate or certificates representing such Securities and pay cash to the holder in an amount equal to the excess (if any) of the Buy-In Price over the product of (A) such number of Securities, times (B) the Closing Bid Price (as defined in the Warrants) on the Deadline Date.In

Appears in 1 contract

Samples: Securities Purchase Agreement (Wheeler Real Estate Investment Trust, Inc.)

Additional Relief. If the Company shall fail for any reason or for no reason to issue to such holder unlegended certificates within three five (35) Business Days of receipt of documents necessary for the removal of legend set forth above (the "Deadline Date"), then, in addition to all other remedies available to the holder, if on or after the Business Day immediately following such three (3) five Business Day period, the holder purchases (in an open market transaction or otherwise) Securities shares of Common Stock to deliver in satisfaction of a sale by the holder of Securities shares of Common Stock that the holder anticipated receiving from the Company (a "Buy-In"), then the Company shall, within five (5) Business Days after the holder’s 's request and in the holder’s 's discretion, either (i) pay cash to the holder in an amount equal to the holder’s 's total purchase price (including brokerage commissions, if any) for the Securities shares of Common Stock so purchased (the "Buy-In Price"), at which point the Company’s 's obligation to deliver such certificate (and to issue such Securitiesshares of Common Stock) shall terminate, or (ii) if applicable, promptly honor its obligation to deliver to the holder a certificate or certificates representing such Securities shares of Common Stock and pay cash to the holder in an amount equal to the excess (if any) of the Buy-In Price over the product of (A) such number of Securitiesshares of Common Stock, times (B) the Closing Bid Price (as defined in the Warrants) on the Deadline Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Smart Video Technologies Inc)

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Additional Relief. If the Company shall fail for any reason or for no reason to issue to such holder unlegended certificates within three (3) Business Days of receipt of documents necessary for the removal of the legend set forth above (the "Deadline Date"), then, in addition to all other remedies available to the holder, if on or after the Business Day immediately following such three (3) Business Day period, the holder purchases (in an open market transaction or otherwise) Securities to deliver in satisfaction of a sale by the holder of Securities that the holder anticipated receiving from the Company (a "Buy-In"), then the Company shall, within five (5) Business Days after the holder’s 's request and in the holder’s 's discretion, either (i) pay cash to the holder in an amount equal to the holder’s 's total purchase price (including brokerage commissions, if any) for the Securities so purchased (the "Buy-In Price"), at which point the Company’s 's obligation to deliver such certificate (and to issue such Securities) shall terminate, or (ii) if applicable, promptly honor its obligation to deliver to the holder a certificate or certificates representing such Securities and pay cash to the holder in an amount equal to the excess (if any) of the Buy-In Price over the product of (A) such number of Securities, times (B) the Closing Bid Price (as defined in the Warrants) on the Deadline Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Smart Video Technologies Inc)

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