Common use of Buy-In Cure Clause in Contracts

Buy-In Cure. Unless the Corporation has notified Holder in writing ----------- prior to the delivery by Holder of a Notice of Conversion that the Corporation is unable to honor conversions, if (i) (a) the Corporation fails for any reason to deliver during the Delivery Period shares of Common Stock to Holder upon a conversion of this Debenture or (b) there shall occur a Legend Removal Failure (as defined in Article VIII.A(iv) below) and (ii) thereafter, Holder purchases (in an open market transaction or otherwise) shares of Common Stock to make delivery in satisfaction of a sale by Holder of the unlegended shares of Common Stock (the "Sold Shares") which Holder anticipated receiving upon such conversion (a "Buy-In"), the Corporation shall pay Holder (in addition to any other remedies available to Holder) the amount by which (x) Holder's total purchase price (including brokerage commissions, if any) for the unlegended shares of Common Stock so purchased exceeds (y) the net proceeds received by Holder from the sale of the Sold Shares. For example, if Holder purchases unlegended shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to shares of Common Stock it sold for $10,000, the Corporation will be required to pay Holder $1,000. Holder shall provide the Corporation written notification indicating any amounts payable to Holder pursuant to this Paragraph C. The Corporation shall make any payments required pursuant to this Paragraph C in accordance with and subject to the provisions of Article X.J.

Buy-In Cure. Unless the Corporation has notified Holder the applicable holder in writing ----------- prior to the delivery by Holder such holder of a Notice of Conversion that the Corporation is unable to honor conversions, if (i) (a) the Corporation fails for any reason to promptly deliver during the Delivery Period shares of Common Stock to Holder a holder upon a conversion of this Debenture shares of Series B Preferred Stock or (b) there shall occur a Legend Removal Failure (as defined in Article VIII.A(ivVII.A(iii) below) and (ii) thereafter, Holder such holder purchases (in an open market transaction or otherwise) shares of Common Stock to make delivery in satisfaction of a sale by Holder such holder of the unlegended shares of Common Stock (the "“Sold Shares"”) which Holder such holder anticipated receiving upon such conversion (a "“Buy-In"”), the Corporation shall pay Holder (such holder, in addition to any other remedies available to Holder) the holder, the amount by which (x) Holder's such holder’s total purchase price (including brokerage commissions, if any) for the unlegended shares of Common Stock so purchased exceeds (y) the net proceeds received by Holder such holder from the sale of the Sold Shares. For example, if Holder a holder purchases unlegended shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to shares of Common Stock it sold for $10,000, the Corporation will be required to pay Holder the holder $1,000. Holder A holder shall provide the Corporation written notification and supporting documentation indicating any amounts payable to Holder such holder pursuant to this Paragraph C. The Corporation shall make any payments required pursuant to this Paragraph C in accordance with and subject to the provisions of Article X.J.VI.B.

Buy-In Cure. Unless the Corporation has notified Holder the applicable holder in writing ----------- prior to the delivery by Holder such holder of a Notice of Conversion that the Corporation is unable to honor conversions, if (i) (a) the Corporation fails for any reason to promptly deliver during the Delivery Period shares of Common Stock to Holder a holder upon a conversion of this Debenture shares of Series A Preferred Stock or (b) there shall occur a Legend Removal Failure (as defined in Article VIII.A(ivVII.A(iii) below) and (ii) thereafter, Holder such holder purchases (in an open market transaction or otherwise) shares of Common Stock to make delivery in satisfaction of a sale by Holder such holder of the unlegended shares of Common Stock (the "“Sold Shares"”) which Holder such holder anticipated receiving upon such conversion (a "“Buy-In"”), the Corporation shall pay Holder (such holder, in addition to any other remedies available to Holder) the holder, the amount by which (x) Holder's such holder’s total purchase price (including brokerage commissions, if any) for the unlegended shares of Common Stock so purchased exceeds (y) the net proceeds received by Holder such holder from the sale of the Sold Shares. For example, if Holder a holder purchases unlegended shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to shares of Common Stock it sold for $10,000, the Corporation will be required to pay Holder the holder $1,000. Holder A holder shall provide the Corporation written notification and supporting documentation indicating any amounts payable to Holder such holder pursuant to this Paragraph C. The Corporation shall make any payments required pursuant to this Paragraph C in accordance with and subject to the provisions of Article X.J.VI.B.

Buy-In Cure. Unless the Corporation has notified Holder in writing ----------- prior to the delivery by Holder of a Notice of Conversion Exercise that the Corporation is unable to honor conversionsexercises, if (i) (a) the Corporation fails for any reason to deliver during the Delivery Period shares of Common Stock to Holder upon a conversion an exercise of this Debenture Warrant or (b) there shall occur a Legend Removal Failure (as defined in Article VIII.A(ivVI.A(iii) below) and (ii) thereafter, Holder purchases (in an open market transaction or otherwise) shares of Common Stock to make delivery in satisfaction of a sale by Holder of the unlegended shares of Common Stock (the "Sold Shares") which Holder anticipated receiving upon such conversion exercise (a "Buy-In"), the Corporation shall pay Holder (in addition to any other remedies available to Holder) the amount by which (x) Holder's total purchase price (including brokerage commissions, if any) for the unlegended shares of Common Stock so purchased exceeds (y) the net proceeds received by Holder from the sale of the Sold Shares. For example, if Holder purchases unlegended shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to shares of Common Stock it sold for $10,000, the Corporation will be required to pay Holder $1,000. Holder shall provide the Corporation written notification indicating any amounts payable to Holder pursuant to this Paragraph C. C, together with evidence supporting such calculation. The Corporation shall make any payments required pursuant to this Paragraph C in accordance with and subject to the provisions of Article X.J.VIII.X.

Buy-In Cure. Unless the Corporation has notified Holder in writing ----------- prior to the delivery by Holder of a Notice of Conversion Exercise that the Corporation is unable to honor conversionsexercises, if (i) ) (a) the Corporation fails for any reason to deliver during the Delivery Period shares of Common Stock to Holder upon a conversion an exercise of this Debenture Warrant or (b) there shall occur a Legend Removal Failure (as defined in Article VIII.A(ivVI.A(iii) below) and (ii) thereafter, Holder purchases (in an open market transaction or otherwise) shares of Common Stock to make delivery in satisfaction of a sale by Holder of the unlegended shares of Common Stock (the "Sold SharesSOLD SHARES") which Holder anticipated receiving upon such conversion exercise (a "BuyBUY-InIN"), the Corporation shall pay Holder (in addition to any other remedies available to Holder) the amount by which (x) Holder's total purchase price (including brokerage commissions, if any) for the unlegended shares of Common Stock so purchased exceeds (y) the net proceeds received by Holder from the sale of the Sold Shares. For example, if Holder purchases unlegended shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to shares of Common Stock it sold for $10,000, the Corporation will be required to pay Holder $1,000. Holder shall provide the Corporation written notification indicating any amounts payable to Holder pursuant to this Paragraph C. C, together with evidence supporting such calculation. The Corporation shall make any payments required pursuant to this Paragraph C in accordance with and subject to the provisions of Article X.J.IX.

Buy-In Cure. Unless the Corporation Company has notified Holder the applicable holder in writing ----------- prior to the delivery by Holder such holder of a Notice of Conversion that the Corporation Company is unable to honor conversions, if (i) (a) the Corporation Company fails for any reason to deliver during the Delivery Period shares of Common Stock Ordinary Shares to Holder a holder upon a conversion of this Debenture shares of Series B Preferred Shares or (b) there shall occur a Legend Removal Failure (as defined in Article VIII.A(ivVIII.A(iii) below) and (ii) thereafter, Holder such holder purchases (in an open market transaction or otherwise) shares of Common Stock Ordinary Shares to make delivery in satisfaction of a sale by Holder such holder to persons other than affiliates of the unlegended shares such holder of Common Stock Ordinary Shares (the "Sold SharesSOLD SHARES") which Holder such holder anticipated receiving upon such conversion (a "BuyBUY-InIN"), the Corporation Company shall pay Holder such holder (in addition to any other remedies available to Holderthe holder) the amount by which (x) Holdersuch holder's total purchase price (including brokerage commissions, if any) for the unlegended shares of Common Stock Ordinary Shares so purchased exceeds (y) the net proceeds received by Holder such holder from the sale of the Sold Shares. For example, if Holder a holder purchases unlegended shares of Common Stock Ordinary Shares having a total purchase price of $11,000 to cover a Buy-In with respect to shares of Common Stock Ordinary Shares it sold for $10,000, the Corporation Company will be required to pay Holder the holder $1,000. Holder A holder shall provide the Corporation Company written notification indicating any amounts payable to Holder such holder pursuant to this Paragraph C. The Corporation Company shall make any payments required pursuant to this Paragraph C in accordance with and subject to the provisions of Article X.J.XIV.E.