Common use of Breach of Representations and Warranties by the Company Clause in Contracts

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if If the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer Buyers pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the NoteAgreement, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the CompanyBuyer, until such breach is cured. If the Company elects Buyers elect to pay be paid the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if If the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the NoteAgreement, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer Buyers pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the Note, the Company shall pay to the Buyer Buyers the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock Stock, at the option of the CompanyBuyer, until such breach is cured. If the Company Buyer elects to pay receive the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if If the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer Buyers pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the NoteAgreement, the Company shall pay to the Buyer Buyers the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time price of payment$0.25 per share, subject to adjustment for stock splits and similar transactions.

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock Stock, at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if If the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the NoteAgreement, the Company shall shall, subject to the terms and conditions of the Subordination Agreement, pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer Buyers pursuant to this Agreement and it being may be considered an Event of Default under Section 3.5 of the Note, the Company shall pay to the Buyer Buyers the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 3.4 of the Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if If ------------------------------------------------------- the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer Buyers pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the NoteAgreement, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if If the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer Buyers pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the NoteAgreement, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if If the Company breaches any of the representations or warranties set forth in this Section 33.1, and in addition to any other remedies available to the Buyer Purchaser pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the NoteAgreement, the Company shall pay to the Buyer Purchaser liquidated damages of three percent (3%) of the Standard Liquidated Damages Amount outstanding amount of the Debentures per month plus accrued and unpaid interest on the Debentures, prorated for partial months, in cash or in shares of Common Stock at the option of the CompanyPurchaser ("Standard Liquidated Damages Amount"), until such breach is cured. If the Company elects Purchaser elect to pay be paid the Standard Liquidated Damages Amounts Amount in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price in effect at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if If the ------------------------------------------------------- Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer Buyers pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the NoteAgreement, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the CompanyBuyer, until such breach is cured. If the Company elects Buyers elect to pay be paid the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the each Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if If the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer Buyers pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the NoteAgreement, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, Company until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default Delimit under Section 3.5 of the Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount Amolll1t in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts Arnolll1ts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If if the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3Agreement, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if If the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the Note, Note the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if If the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer Buyers pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the NoteAgreement, the Company shall, after written notice of such breach from the Buyers and after five (5) business days, during which time the Company shall be given an opportunity to cure such breach to the satisfaction of the Buyers, pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the CompanyBuyer, until such breach is cured. If the Company elects Buyers elect to pay be paid the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. The Company agrees that if If the Company breaches any of the representations or warranties set forth in this Section 33.1, and in addition to any other remedies available to the Buyer Purchasers pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the NoteAgreement, the Company shall pay to the Buyer Purchasers liquidated damages of three percent (3%) of the Standard Liquidated Damages Amount outstanding amount of the Debentures per month plus accrued and unpaid interest on the Debentures, prorated for partial months, in cash or in shares of Common Stock at the option of the CompanyPurchasers ("Standard Liquidated Damages Amount"), until such breach is cured. If the Company elects Purchasers elect to pay be paid the Standard Liquidated Damages Amounts Amount in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.