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 the Buyer unlegended certificates or issue such Common Shares to such Buyer by electronic delivery at the applicable balance account at DTC within three (3) Trading Days after the receipt of documents necessary for the removal of the legend set forth in Section 2(g) above (the "REMOVAL DATE"), then in addition to all other remedies available to the Buyer, if on or after the Trading Day immediately following such three Trading Day period, the Buyer purchases (in an open market transaction or otherwise) shares of Common Stock to deliver in satisfaction of a sale by the Buyer of such Common Shares that the Buyer anticipated receiving without legend from the Company (a "BUY-IN"), then the Company shall, within five (5) Business Days after the Buyer's request and in the Buyer's discretion, either (i) pay cash to the Buyer in an amount equal to the Buyer's total purchase price (including brokerage commissions, if any) for the shares of Common Stock so purchased (the "BUY-IN PRICE"), at which point the Company's obligation to deliver such unlegended Common Shares shall terminate, or (ii) promptly honor its obligation to deliver to the Buyer such unlegended Common Shares as provided above and pay cash to the Buyer in an amount equal to the excess (if any) of the Buy-In Price over the product of (A) such number of shares of Common Stock, times (B) the Closing Bid Price (as defined in the Warrants) on the Removal Date.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Raptor Networks Technology Inc), Securities Purchase Agreement (Raptor Networks Technology Inc)

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Additional Relief. If the Company shall fail for any reason or for no reason to issue to the such Buyer unlegended certificates or issue such Common Shares to such Buyer by electronic delivery at the applicable balance account at DTC within three (3) Trading Days after the receipt of documents necessary for the removal of the legend set forth in Section 2(g) above (the "REMOVAL DATERemoval Date"), then in addition to all other remedies available to the Buyer, if on or after the Trading Day immediately following such three Trading Day period, the Buyer purchases (in an open market transaction or otherwise) shares of Common Stock to deliver in satisfaction of a sale by the Buyer of such Common Shares that the Buyer anticipated receiving without legend from the Company (a "BUYBuy-INIn"), then the Company shall, within five (5) Business Days after the Buyer's request and in the Buyer's discretion, either (i) redeem from the Buyer such Common Shares and pay cash to the Buyer in an amount equal to the Buyer's total purchase price (including brokerage commissions, if any) for the shares of Common Stock so purchased (the "BUYBuy-IN PRICEIn Price"), at which point the Company's obligation to deliver such unlegended Common Shares shall terminate, or (ii) promptly honor its obligation to deliver to the Buyer such unlegended Common Shares as provided above and pay cash to the Buyer in an amount equal to the excess (if any) of the Buy-In Price over the product of (A) such number of shares of Common Stock, times (B) the Closing Bid Price (as defined in the WarrantsNotes) on the Removal Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Telanetix,Inc)

Additional Relief. If the Company shall fail for any reason or for no reason to issue to the Buyer unlegended certificates or issue such Common Shares to such Buyer by electronic delivery at the applicable balance account at DTC within three (3) Trading Days after the receipt of documents necessary for the removal of the legend set forth in Section 2(g) above (the "REMOVAL DATERemoval Date"), then in addition to all other remedies available to the Buyer, if on or after the Trading Day immediately following such three Trading Day period, the Buyer purchases (in an open market transaction or otherwise) shares of Common Stock to deliver in satisfaction of a sale by the Buyer of such Common Shares that the Buyer anticipated receiving without legend from the Company (a "BUYBuy-INIn"), then the Company shall, within five three (53) Business Days after the Buyer's request and in the Buyer's discretion, either (i) pay cash to the Buyer in an amount equal to the Buyer's total purchase price (including brokerage commissions, if any) for the shares of Common Stock so purchased (the "BUYBuy-IN PRICEIn Price"), at which point the Company's obligation to deliver such unlegended Common Shares shall terminate, or (ii) promptly honor its obligation to deliver to the Buyer such unlegended Common Shares as provided above and pay cash to the Buyer in an amount equal to the excess (if any) of the Buy-In Price over the product of (A) such number of shares of Common Stock, times (B) the Closing Bid Price (as defined in the Warrants) on the Removal Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (RxElite, Inc.)

Additional Relief. If the Company shall fail for any reason or for no reason to issue to the Buyer Investor unlegended certificates or issue such Common Shares to such Buyer Investor by electronic delivery at the applicable balance account at DTC within three (3) Trading Days after the receipt of documents necessary for the removal of the legend set forth in Section 2(g) 5.7 above (the "REMOVAL DATE"“Removal Date”), then in addition to all other remedies available to the BuyerInvestor, if on or after the Trading Day immediately following such three Trading Day period, the Buyer Investor purchases (in an open market transaction or otherwise) shares of Common Stock to deliver in satisfaction of a sale by the Buyer Investor of such Common Shares that the Buyer Investor anticipated receiving without legend from the Company (a "BUYBuy-INIn"), then the Company shall, within five three (53) Business Days after the Buyer's Investor’s request and in the Buyer's Investor’s discretion, either (i) pay cash to the Buyer Investor in an amount equal to the Buyer's Investor’s total purchase price (including brokerage commissions, if any) for the shares of Common Stock so purchased (the "BUYBuy-IN PRICEIn Price"), at which point the Company's obligation to deliver such unlegended Common Shares shall terminate, or (ii) promptly honor its obligation to deliver to the Buyer Investor such unlegended Common Shares as provided above and pay cash to the Buyer Investor in an amount equal to the excess (if any) of the Buy-In Price over the product of (A) such number of shares of Common Stock, times (B) the Closing Bid Market Price (as defined in the Warrants) on the Removal Date.

Appears in 1 contract

Samples: Unit Purchase Agreement (Opexa Therapeutics, Inc.)

Additional Relief. If the Company shall fail for any reason or for no reason to issue to the Buyer unlegended certificates or issue such Common Shares Stock to such Buyer by electronic delivery at the applicable balance account at DTC within three (3) Trading Days after the receipt of documents necessary for the removal of the legend set forth in Section 2(g) above (the "REMOVAL DATE"“Removal Date”), then in addition to all other remedies available to the Buyer, if on or after the Trading Day immediately following such three Trading Day period, the Buyer purchases (in an open market transaction or otherwise) shares of Common Stock to deliver in satisfaction of a sale by the Buyer of such Common Shares Stock that the Buyer anticipated receiving without legend from the Company (a "BUY“Buy-IN"In”), then the Company shall, within five three (53) Business Days after the Buyer's ’s request and in the Buyer's ’s discretion, either (i) pay cash to the Buyer in an amount equal to the Buyer's ’s total purchase price (including brokerage commissions, if any) for the shares of Common Stock so purchased (the "BUY“Buy-IN PRICE"In Price”), at which point the Company's ’s obligation to deliver such unlegended Common Shares Stock shall terminate, or (ii) promptly honor its obligation to deliver to the Buyer such unlegended Common Shares Stock as provided above and pay cash to the Buyer in an amount equal to the excess (if any) of the Buy-In Price over the product of (A) such number of shares of Common Stock, times (B) the Closing Bid Price (as defined in the Warrants) on the Removal Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Amish Naturals, Inc.)

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Additional Relief. If the Company shall fail for any reason or for no reason to issue to the Buyer unlegended Common Stock certificates or issue such Common Shares to such Buyer by electronic delivery at the applicable balance account at DTC within three (3) Trading Days after the receipt of documents necessary for the removal of the legend set forth in Section 2(g) above (the "REMOVAL DATE"“Removal Date”), then in addition to all other remedies available to the Buyer, if on or after the Trading Day immediately following such three Trading Day period, the Buyer purchases (in an open market transaction or otherwise) shares of Common Stock to deliver in satisfaction of a sale by the Buyer of such Common Shares Stock that the Buyer anticipated receiving without legend from the Company (a "BUYBuy-INIn"), then the Company shall, within five three (53) Business Days after the Buyer's ’s request and in the Buyer's ’s discretion, either (i) pay cash to the Buyer in an amount equal to the Buyer's ’s total purchase price (including brokerage commissions, if any) for the shares of Common Stock so purchased (the "BUYBuy-IN PRICEIn Price"), at which point the Company's obligation to deliver such unlegended Common Shares Stock shall terminate, or (ii) promptly honor its obligation to deliver to the Buyer such unlegended shares of Common Shares Stock as provided above and pay cash to the Buyer in an amount equal to the excess (if any) of the Buy-In Price over the product of (A) such number of shares of Common Stock, times (B) the Closing Bid Price (as defined in the Warrants) on the Removal Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Genesis Biopharma, Inc)

Additional Relief. If the Company shall fail for any reason or for no reason to issue to the Buyer unlegended certificates or issue such Common Shares to such Buyer by electronic delivery at the applicable balance account at DTC within three five (35) Trading Days after the receipt of documents necessary for the removal of the legend set forth in Section 2(g2(h) above (the "REMOVAL DATE"“Removal Date”), then in addition to all other remedies available to the Buyer, if on or after the Trading Day immediately following such three five (5) Trading Day period, the Buyer purchases (in an open market transaction or otherwise) shares of Common Stock to deliver in satisfaction of a sale by the Buyer of such Common Shares that the Buyer anticipated receiving without legend from the Company (a "BUY“Buy-IN"In”), then the Company shall, within five three (53) Business Days after the Buyer's ’s request and in the Buyer's ’s discretion, either (i) pay cash to the Buyer in an amount equal to the Buyer's ’s total purchase price (including brokerage commissions, if any) for the shares of Common Stock so purchased (the "BUY“Buy-IN PRICE"In Price”), at which point the Company's ’s obligation to deliver such unlegended Common Shares shall terminate, or (ii) promptly honor its obligation to deliver to the Buyer such unlegended shares of Common Shares Stock as provided above and pay cash to the Buyer in an amount equal to the excess (if any) of the Buy-In Price over the product of (A) such number of shares of Common Stock, times (B) the Closing Bid Price (as defined in the Warrants) on the Removal Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (American Defense Systems Inc)

Additional Relief. If the Company shall fail for any reason or for no reason to issue to the Buyer unlegended certificates or issue such Common Shares to such Buyer by electronic delivery at the applicable balance account at DTC within three (3) Trading Days after the receipt of documents necessary for the removal of the legend set forth in Section 2(g) above (the "REMOVAL DATE"“Removal Date”), then in addition to all other remedies available to the Buyer, if on or after the Trading Day immediately following such three Trading Day period, the Buyer purchases (in an open market transaction or otherwise) shares of Common Stock to deliver in satisfaction of a sale by the Buyer of such Common Shares that the Buyer anticipated receiving without legend from the Company (a "BUYBuy-INIn"), then the Company shall, within five three (53) Business Days after the Buyer's ’s request and in the Buyer's ’s discretion, either (i) pay cash to the Buyer in an amount equal to the Buyer's ’s total purchase price (including brokerage commissions, if any) for the shares of Common Stock so purchased (the "BUYBuy-IN PRICEIn Price"), at which point the Company's obligation to deliver such unlegended Common Shares shall terminate, or (ii) promptly honor its obligation to deliver to the Buyer such unlegended Common Shares as provided above and pay cash to the Buyer in an amount equal to the excess (if any) of the Buy-In Price over the product of (A) such number of shares of Common Stock, times (B) the Closing Bid Price (as defined in the Warrants) on the Removal Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Broadcast International Inc)

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