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Common use of Buy-In Clause in Contracts

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 15 contracts

Samples: Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.)

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Buy-In. In addition to any other rights available to the HolderSubscriber, if the Company fails to deliver to a Holder the Warrant Subscriber Unlegended Shares as required pursuant to this Warrant, within seven (7) business days Agreement and after the Warrant Share Unlegended Shares Delivery Date and the Holder Subscriber, or a broker on the HolderSubscriber’s behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder Subscriber of the Warrant Shares shares of Common Stock which the Holder Subscriber was entitled to receive from the Company (a "Buy-In"), then the Company shall promptly pay in cash to the Holder Subscriber (in addition to any remedies available to or elected by the HolderSubscriber) the amount by which (A) the Holder's Subscriber’s total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Price purchase price of the Warrant shares of Common Stock delivered to the Company for reissuance as Unlegended Shares required to have been delivered together with interest thereon at a rate of 15% per annum, annum accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For examplepurposes of illustration only, if a Holder Subscriber purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price purchase price of Warrant Shares shares of Common Stock delivered to have been received upon exercise of this Warrantthe Company for reissuance as Unlegended Shares, the Company shall be required to pay the Holder Subscriber $1,000, plus interest. The Holder Subscriber shall promptly provide the Company written notice indicating the amounts payable to the Holder Subscriber in respect of the Buy-In, including, evidence regarding the purchase of common stock for which the Buy-In is implemented.

Appears in 9 contracts

Samples: Subscription Agreement (BeesFree, Inc.), Subscription Agreement (Wizard World, Inc.), Subscription Agreement (BeesFree, Inc.)

Buy-In. In addition to any other rights available to the Holdera Subscriber, if the Company fails to deliver to a Holder Subscriber such shares issuable upon conversion of a Note by the Warrant Shares as required pursuant to this Warrant, within Delivery Date and if after seven (7) business days after the Warrant Share Delivery Date and the Holder such Subscriber or a broker on the Holdersuch Subscriber’s behalf, behalf purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder Subscriber of the Warrant Shares Common Stock which the Holder such Subscriber was entitled to receive from the Company upon such conversion (a "Buy-In"), then the Company shall pay in cash to the Holder such Subscriber (in addition to any remedies available to or elected by the HolderSubscriber) the amount by which (A) the Holdersuch Subscriber's total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price principal and/or interest amount of the Warrant Shares required to have been delivered Note for which such conversion was not timely honored together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder Subscriber purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted conversion of $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrantnote principal and/or interest, the Company shall be required to pay the Holder such Subscriber $1,000, 1,000 plus interest. The Holder Such Subscriber shall provide the Company written notice and evidence indicating the amounts payable to the Holder such Subscriber in respect of the Buy-In.

Appears in 9 contracts

Samples: Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.)

Buy-In. In addition to any other rights available to the HolderSubscriber, if the Company fails to deliver to the Subscriber such shares issuable upon conversion of a Holder Note by the Warrant Shares as required pursuant to this Warrant, within seven Delivery Date and if ten (710) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, Subscriber purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder Subscriber of the Warrant Shares Common Stock which the Holder was entitled to receive from the Company Subscriber anticipated receiving upon such conversion (a "Buy-In"), then the Company shall pay in cash to the Holder Subscriber (in addition to any remedies available to or elected by the HolderSubscriber) the amount by which (A) the HolderSubscriber's total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price principal and/or interest amount of the Warrant Shares required to have been delivered Note for which such conversion was not timely honored, together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder the Subscriber purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted conversion of $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrantnote principal and/or interest, the Company shall be required to pay the Holder Subscriber $1,000, plus interest. The Holder Subscriber shall provide the Company written notice indicating the amounts payable to the Holder Subscriber in respect of the Buy-In. The delivery date by which Common Stock must be delivered pursuant to this Section 9.5 shall be tolled for the amount of days that the Subscriber does not deliver information reasonably requested by the Company's transfer agent.

Appears in 9 contracts

Samples: Subscription Agreement (Sanguine Corp), Subscription Agreement (Vizario Inc), Subscription Agreement (One Voice Technologies Inc)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven six (76) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 6 contracts

Samples: Warrant Agreement (Tasker Products Corp), Warrant Agreement (Tasker Products Corp), Warrant Agreement (Silver Dragon Resources, Inc.)

Buy-In. In addition to any other rights available to the HolderSubscriber, if the Company fails to deliver to the Subscriber such shares issuable upon conversion of a Holder Note by the Warrant Shares as required pursuant to this Warrant, within Delivery Date and if after seven (7) business days after the Warrant Share Delivery Date and the Holder Subscriber or a broker on the HolderSubscriber’s behalf, behalf purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder Subscriber of the Warrant Shares Common Stock which the Holder Subscriber was entitled to receive from the Company upon such conversion (a "Buy-In"), then the Company shall pay in cash to the Holder Subscriber (in addition to any remedies available to or elected by the HolderSubscriber) the amount by which (A) the HolderSubscriber's total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price principal and/or interest amount of the Warrant Shares required to have been delivered Note for which such conversion was not timely honored together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder the Subscriber purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted conversion of $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrantnote principal and/or interest, the Company shall be required to pay the Holder Subscriber $1,000, 1,000 plus interest. The Holder Subscriber shall provide the Company written notice and evidence indicating the amounts payable to the Holder Subscriber in respect of the Buy-In.

Appears in 6 contracts

Samples: Subscription Agreement (IDO Security Inc.), Subscription Agreement (IDO Security Inc.), Subscription Agreement (Liberty Star Uranium & Metals Corp.)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days Warrant after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 5 contracts

Samples: Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For examplepurposes of illustration, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In, which shall include evidence of the price at which such Holder had to purchase the Common Stock in an open-market transaction or otherwise.

Appears in 4 contracts

Samples: Subscription Agreement (Wizard World, Inc.), Subscription Agreement (Wizard World, Inc.), Subscription Agreement (Wizard World, Inc.)

Buy-In. In addition to any other rights available to the HolderSubscriber, if the Company fails to deliver to a Holder the Warrant Subscriber Unlegended Shares as required pursuant to this Warrant, within seven (7) business days Agreement and after the Warrant Share Unlegended Shares Delivery Date and the Holder Date, Subscriber, or a broker on the HolderSubscriber’s behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder Subscriber of the Warrant Shares shares of Common Stock which the Holder Subscriber was entitled to receive from the Company (a "Buy-In"), then the Company shall promptly pay in cash to the Holder Subscriber (in addition to any remedies available to or elected by the HolderSubscriber) the amount by which (A) the Holder's Subscriber’s total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Price purchase price of the Warrant shares of Common Stock delivered to the Company for reissuance as Unlegended Shares required to have been delivered together with interest thereon at a rate of 15% per annum, annum accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For examplepurposes of illustration only, if a Holder Subscriber purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price purchase price of Warrant Shares shares of Common Stock delivered to have been received upon exercise of this Warrantthe Company for reissuance as Unlegended Shares, the Company shall be required to pay the Holder Subscriber $1,000, plus interest. The Holder Subscriber shall promptly provide the Company written notice indicating the amounts payable to the Holder Subscriber in respect of the Buy-In, including evidence regarding the purchase of common stock for which the Buy-In is implemented.

Appears in 3 contracts

Samples: Subscription Agreement (Wizard World, Inc.), Subscription Agreement (Wizard World, Inc.), Subscription Agreement (Wizard World, Inc.)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s 's behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "BuyBUY-InIN"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 3 contracts

Samples: Warrant Agreement (South Texas Oil Co), Warrant Agreement (South Texas Oil Co), Warrant Agreement (South Texas Oil Co)

Buy-In. In addition to any other rights available to the Holdera Lender, if the Company Borrower fails to deliver Unlegended Shares to a Holder the Warrant Shares Lender as required pursuant to this Warrant, within seven (7) business days Agreement and after the Warrant Share Delivery Legend Removal Date and the Holder such Lender, or a broker on the Holdersuch Lender’s behalf, purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder Lender of the Warrant Shares Common Stock which the Holder such Lender was entitled to receive in unlegended form from the Company Borrower (a "Buy-In"), then the Company Borrower shall promptly pay in cash to the Holder such Lender (in addition to any remedies available to or elected by the Holdersuch Lender) the amount amount, if any, by which (A) the Holder's such Lender’s total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price purchase price of the Warrant Common Stock delivered to the Borrower for reissuance as Unlegended Shares required to have been delivered together with interest thereon at a rate of 15% per annum, annum accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder Lender purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price purchase price of Warrant Shares delivered to have been received upon exercise of this Warrantthe Borrower for reissuance as Unlegended Shares, the Company Borrower shall be required to pay the Holder such Lender $1,000, plus interest, if any. The Holder A Lender shall provide the Company Borrower written notice indicating the amounts payable to the Holder such Lender in respect of the Buy-In.

Appears in 2 contracts

Samples: Line of Credit Agreement (Star Alliance International Corp.), Line of Credit Agreement (Crown Electrokinetics Corp.)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In, along with the appropriate supporting documentation for such purchase.

Appears in 2 contracts

Samples: Subscription Agreement (ADVANCED MEDICAL ISOTOPE Corp), Subscription Agreement (ADVANCED MEDICAL ISOTOPE Corp)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s 's behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 2 contracts

Samples: Modification, Waiver and Consent Agreement (Attitude Drinks Inc.), Modification, Waiver and Consent Agreement (Attitude Drinks Inc.)

Buy-In. In addition to any other rights available to the HolderSubscriber, if the Company fails to deliver to the Subscriber such shares issuable upon exercise of a Holder Warrant on or before the Warrant Shares Delivery Date (as required pursuant to this defined in the Warrant, within ) and if seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, Subscriber purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder Subscriber of the Warrant Shares Common Stock which the Holder Subscriber was entitled to receive from the Company upon such exercise (a "Buy-In"), then the Company shall pay in cash to the Holder Subscriber (in addition to any remedies available to or elected by the HolderSubscriber) the amount by which (A) the HolderSubscriber's total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered exercise price for which such exercise was not timely honored, together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder the Subscriber purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted exercise of $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrantprice, the Company shall be required to pay the Holder Subscriber $1,000, plus interest. The Holder Subscriber shall provide the Company written notice indicating the amounts payable to the Holder Subscriber in respect of the Buy-In.

Appears in 2 contracts

Samples: Subscription Agreement (General Components, Inc.), Subscription Agreement (Swiss Medica Inc)

Buy-In. In addition additional to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days after the Warrant Share Delivery Date and the Holder Holder, or a broker on the Holder’s behalf, purchases is required to purchase (in an open market transaction or otherwisetransaction) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's ’s total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 2 contracts

Samples: Warrant Agreement (Irvine Sensors Corp/De/), Warrant Agreement (Irvine Sensors Corp/De/)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's ’s total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For examplepurposes of illustration, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In, which shall include evidence of the price at which such Holder had to purchase the Common Stock in an open-market transaction or otherwise.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Esports Entertainment Group, Inc.), Stock Purchase Agreement (Esports Entertainment Group, Inc.)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's ’s total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Exercise Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of fifteen percent (15% %) per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Exercise Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 2 contracts

Samples: Warrant Agreement (BigString CORP), Warrant Agreement (BigString CORP)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Exercise Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Exercise Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 1 contract

Samples: Subscription Agreement (BigString CORP)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For examplepurposes of illustration, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In, which shall include evidence of the price at which such Holder had to purchase the Common Stock in an open-market transaction or otherwise.

Appears in 1 contract

Samples: Subscription Agreement (Wizard World, Inc.)

Buy-In. In addition to any other rights available to the Holdera Subscriber, if the Company fails to deliver to a Holder Subscriber such shares issuable upon conversion of a Note by the Warrant Shares as required pursuant to this Warrant, within Delivery Date and if after seven (7) business days after the Warrant Share Delivery Date and the Holder such Subscriber or a broker on the Holdersuch Subscriber’s behalf, behalf purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder Subscriber of the Warrant Shares Common Stock which the Holder such Subscriber was entitled to receive from the Company upon such conversion (a "" Buy-InIn "), then the Company shall pay in cash to the Holder such Subscriber (in addition to any remedies available to or elected by the HolderSubscriber) the amount by which (A) the Holdersuch Subscriber's total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price principal and/or interest amount of the Warrant Shares required to have been delivered Note for which such conversion was not timely honored together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder Subscriber purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted conversion of $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrantnote principal and/or interest, the Company shall be required to pay the Holder such Subscriber $1,000, 1,000 plus interest. The Holder Such Subscriber shall provide the Company written notice and evidence indicating the amounts payable to the Holder such Subscriber in respect of the Buy-In.

Appears in 1 contract

Samples: Subscription Agreement (Attitude Drinks Inc.)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven five (75) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Exercise Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with CW1180439.2 respect to $10,000 of Purchase Exercise Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 1 contract

Samples: Warrant Agreement (Liberty Star Uranium & Metals Corp.)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven three (73) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 1 contract

Samples: Credit Line Agreement (Max Sound Corp)

Buy-In. In addition to any other rights available to the ------ Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s 's behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Exercise Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Exercise Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 1 contract

Samples: Subscription Agreement (BigString CORP)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's ’s total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 1 contract

Samples: Warrant Agreement (Franklin Towers Enterprises Inc)

Buy-In. In addition to any other rights available to the HolderSubscriber, if the Company fails to deliver to the Subscriber such shares issuable upon conversion of a Holder Note by the Warrant Shares as required pursuant to this Warrant, within Delivery Date and if after seven (7) business days after the Warrant Share Delivery Date and the Holder Subscriber or a broker on the HolderSubscriber’s behalf, behalf purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder Subscriber of the Warrant Shares Common Stock which the Holder Subscriber was entitled to receive from the Company upon such conversion (a "Buy-In"), then the Company shall pay in cash to the Holder Subscriber (in addition to any remedies available to or elected by the HolderSubscriber) the amount by which (A) the Holder's Subscriber’s total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price principal and/or interest amount of the Warrant Shares required to have been delivered Note for which such conversion was not timely honored together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder the Subscriber purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted conversion of $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrantnote principal and/or interest, the Company shall be required to pay the Holder Subscriber $1,000, 1,000 plus interest. The Holder Subscriber shall provide the Company written notice and evidence indicating the amounts payable to the Holder Subscriber in respect of the Buy-In.

Appears in 1 contract

Samples: Subscription Agreement (Franklin Towers Enterprises Inc)

Buy-In. In addition to any other rights available to the HolderSubscriber, if the Company fails to deliver to the Subscriber such shares issuable upon exercise of a Holder Warrant on or before the Warrant Shares Delivery Date (as required pursuant to this defined in the Warrant, within ) and if seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, Subscriber purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder Subscriber of the Warrant Shares Common Stock which the Holder Subscriber was entitled to receive from the Company upon such exercise (a "Buy-In"), then the Company shall pay in cash to the Holder Subscriber (in addition to any remedies available to or elected by the HolderSubscriber) the amount by which (A) the HolderSubscriber's total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered exercise price for which such exercise was not timely honored, together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder the Subscriber purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted exercise of $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrantprice, the Company shall be required to pay the Holder Subscriber $1,000, plus interest, less any excess obtained from sale of the Warrants. The Holder Subscriber shall provide the Company written notice and evidence indicating the amounts payable to the Holder Subscriber in respect of the Buy-In.

Appears in 1 contract

Samples: Subscription Agreement (Pluristem Life Systems Inc)

Buy-In. In addition to any other rights available to the Holder------ Subscriber, if the Company fails to deliver to a Holder the Warrant Subscriber Company Shares as required pursuant to this Warrant, within seven (7) business days after issuable upon conversion of Preferred Stock and/or dividends by the Warrant Share Delivery Date and if after the Holder or a broker on Delivery Date the Holder’s behalf, Subscriber purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder Subscriber of the Warrant Company Shares which the Holder was entitled to receive from the Company Subscriber anticipated receiving upon such conversion (a "Buy-In"), then the Company shall pay in cash to the Holder Subscriber (in addition to any remedies available to or elected by the HolderSubscriber) the amount by which (A) the HolderSubscriber's total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Price stated value of the Warrant Shares required to have been delivered Preferred Stock for which such conversion was not timely honored, together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder the Subscriber purchases shares of Common Stock common stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted conversion of $10,000 of Purchase Price stated value of Warrant Shares to have been received upon exercise of this WarrantPreferred Stock and/or dividends, the Company shall be required to pay the Holder Subscriber $1,000, plus interest. The Holder Subscriber shall provide the Company written notice indicating the amounts payable to the Holder Subscriber in respect of the Buy-In.

Appears in 1 contract

Samples: Subscription Agreement (Advanced Aerodynamics & Structures Inc/)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s 's behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "BuyBUY-InIN"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) on demand, the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 1 contract

Samples: Subscription Agreement (Aethlon Medical Inc)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven six (76) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's ’s total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 1 contract

Samples: Warrant Agreement (Tasker Products Corp)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 1512% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 1 contract

Samples: Warrant Agreement (Ever-Glory International Group, Inc.)

Buy-In. In addition to any other rights available to the HolderSubscriber, if the Company fails to deliver to the Subscriber such shares issuable upon exercise of a Holder Warrant on or before the Warrant Shares Delivery Date (as required pursuant to this defined in the Warrant, within ) and if seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, Subscriber purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder Subscriber of the Warrant Shares Common Stock which the Holder Subscriber was entitled to receive from the Company upon such exercise (a "Buy-In"), then the Company shall pay in cash to the Holder Subscriber (in addition to any remedies available to or elected by the HolderSubscriber) the amount by which (A) the Holder's Subscriber’s total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered exercise price for which such exercise was not timely honored, together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder the Subscriber purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted exercise of $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrantprice, the Company shall be required to pay the Holder Subscriber $1,000, plus interest. The Holder Subscriber shall provide the Company written notice indicating the amounts payable to the Holder Subscriber in respect of the Buy-In.

Appears in 1 contract

Samples: Subscription Agreement (Celtron International Inc)

Buy-In. In addition additional to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven five (75) business days after the Warrant Share Delivery Date and the Holder Holder, or a broker on the Holder’s behalf, purchases is required to purchase (in an open market transaction or otherwisetransaction) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's ’s total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 1 contract

Samples: Warrant Agreement (Irvine Sensors Corp/De/)

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Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s 's behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy“BUY-In"IN”), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 1 contract

Samples: Warrant Agreement (South Texas Oil Co)

Buy-In. In addition to any other rights available to the HolderPurchaser, if the Company fails to deliver to a Holder the Warrant Purchaser Shares as required pursuant to this Warrant, within seven (7) business days Agreement or pursuant to the Certificate of Designation and after the Warrant Share Delivery Legend Removal Date and or required delivery date pursuant to the Holder Certificate of Designation the Purchaser, or a broker on the HolderPurchaser’s behalf, purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder Purchaser of the Warrant Shares shares of Common Stock which the Holder Purchaser was entitled to receive in unlegended form from the Company (a "Buy-In"), then the Company shall promptly pay in cash to the Holder Purchaser (in addition to any remedies available to or elected by the HolderPurchaser) the amount amount, if any, by which (A) the Holder's Purchaser’s total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price purchase price of the Warrant shares of Common Stock delivered to the Company for reissuance as unlegended Shares or as are required to have been be delivered pursuant to the Certificate of Designation, as the case may be, together with interest thereon at a rate of 15% per annum, annum accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder Purchaser purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price purchase price of Warrant Shares delivered to have been received upon exercise of this Warrantthe Company for reissuance as unlegended shares, the Company shall be required to pay the Holder Purchaser $1,000, plus interest, if any. The Holder Purchaser shall provide the Company written notice indicating the amounts payable to the Holder Purchaser in respect of the Buy-In.

Appears in 1 contract

Samples: Securities Purchase Agreement (Be Active Holdings, Inc.)

Buy-In. In addition to any other rights available to the HolderPurchaser, if the Company fails to deliver to a Holder the Warrant Shares Purchaser Securities as required pursuant to this Warrant, within seven (7) business days Agreement or pursuant to the Certificate of Designation and after the Warrant Share Delivery Legend Removal Date and or required delivery date pursuant to the Holder Certificate of Designation the Purchaser, or a broker on the Holder’s Purchaser's behalf, purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder Purchaser of the Warrant Shares shares of Common Stock which the Holder Purchaser was entitled to receive in unlegended form from the Company (a "Buy-In"), then the Company shall promptly pay in cash to the Holder Purchaser (in addition to any remedies available to or elected by the HolderPurchaser) the amount amount, if any, by which (A) the HolderPurchaser's total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price purchase price of the Warrant shares of Common Stock delivered to the Company for reissuance as unlegended Shares or as are required to have been be delivered pursuant to the Certificate of Designation, as the case may be, together with interest thereon at a rate of 15% per annum, annum accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder Purchaser purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price purchase price of Warrant Shares delivered to have been received upon exercise of this Warrantthe Company for reissuance as unlegended shares, the Company shall be required to pay the Holder Purchaser $1,000, plus interest, if any. The Holder Purchaser shall provide the Company written notice indicating the amounts payable to the Holder Purchaser in respect of the Buy-In.

Appears in 1 contract

Samples: Securities Purchase Agreement (PishPosh, Inc.)

Buy-In. In addition to any other rights available to the HolderSubscriber, if the Company NCT fails to deliver the NCT Shares to a Holder the Warrant Shares as required pursuant to this Warrant, within seven Subscriber by the Delivery Date and if ten (710) business days after the Warrant Share Delivery Date and the Holder Subscriber or a broker on behalf of the Holder’s behalfSubscriber, purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder Subscriber of the Warrant NCT Shares which the Holder was entitled to receive from the Company Subscriber anticipated receiving upon such conversion (a "Buy-In"), then NCT and the Company shall pay in cash to the Holder Subscriber (in addition to any remedies available to or elected by the HolderSubscriber) the amount by which (A) the HolderSubscriber's total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price principal and/or interest amount of the Warrant Shares required to have been delivered Note for which such conversion was not timely honored, together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder the Subscriber purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted conversion of $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrantnote principal and/or interest, the Company and NCT shall be required to pay the Holder Subscriber $1,000, plus interest. The Holder Subscriber shall provide the Company NCT written notice indicating the amounts payable to the Holder Subscriber in respect of the Buy-In.

Appears in 1 contract

Samples: Subscription Agreement (NCT Group Inc)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days Warrant after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's ’s total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 1 contract

Samples: Subscription Agreement (Vicor Technologies, Inc.)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 1 contract

Samples: Subscription Agreement (Megawest Energy Corp.)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to the Holder such Common Stock issuable upon conversion of a Holder Debenture or exercise of a Warrant by the Warrant Shares as required pursuant to this Warrant, within seven Delivery Date and if ten (710) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such the Holder of the Warrant Shares Common Stock which the Holder was entitled to receive from the Company anticipated receiving upon such conversion (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price principal and/or interest amount of the Debenture or Warrant Shares required to have been delivered for which such conversion or exercise was not timely honored, together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a the Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted conversion of $10,000 of Purchase Price of Debenture or Warrant Shares to have been received upon exercise of this Warrantprincipal and/or interest, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In. The Securities shall be delivered by the Company to the Holder pursuant to Section I.B. hereof on a "delivery-against-payment basis" at the Closing.

Appears in 1 contract

Samples: Securities Purchase Agreement (American Healthchoice Inc /Ny/)

Buy-In. In addition to any other rights available to the HolderBLP, if the Company fails to deliver to a Holder BLP Settlement Shares by the Warrant Shares as required pursuant to this Warrant, within seven (7) business days after the Warrant Share Delivery Date and if after the Holder Delivery Date BLP or a broker on the HolderBLP’s behalf, behalf purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder BLP of the Warrant Shares Common Stock which the Holder BLP was entitled to receive from the Company upon such issuance (a "Buy-In"), then the Company shall pay in cash to the Holder BLP (in addition to any remedies available to or elected by the HolderBLP) the amount by which (A) the Holder's BLP’s total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price dollar value of the Warrant Shares required to have been delivered number of shares multiplied by $0.186 for which such issuance request was not timely honored together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder BLP purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted issuance of $10,000 of Purchase Price of Warrant Settlement Shares by the Company to have been received upon exercise of this WarrantBLP, the Company shall be required to pay the Holder BLP $1,000, 1,000 plus interest. The Holder BLP shall provide the Company written notice and evidence indicating the amounts payable to the Holder BLP in respect of the Buy-In.

Appears in 1 contract

Samples: Note Settlement Agreement (Lka International Inc /De/)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to the Holder such Common Stock issuable upon conversion of a Holder Debenture or exercise of a Warrant by the Warrant Shares as required pursuant to this Warrant, within seven Delivery Date and if ten (710) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such the Holder of the Warrant Shares Common Stock which the Holder was entitled to receive from the Company anticipated receiving upon such conversion (a "BuyBUY-InIN"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price principal and/or interest amount of the Debenture or exercise price of the Warrant Shares required to have been delivered for which such conversion or exercise was not timely honored, together with interest thereon at a rate of 1510% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a the Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted conversion of $10,000 of Purchase Price Debenture principal and/or interest or the exercise of $10,000 of Warrant Shares to have been received upon exercise of this WarrantShares, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.. ______________ ____________ Initials Initials

Appears in 1 contract

Samples: Securities Purchase Agreement (X-Change Corp)

Buy-In. In addition to any other rights available to the HolderSubscriber, if the Company fails to deliver to the Subscriber such shares issuable upon exercise of a Holder Warrant on or before the Warrant Shares Delivery Date (as required pursuant to this defined in the Warrant, within ) and if seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, Subscriber purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder Subscriber of the Warrant Shares Common Stock which the Holder Subscriber was entitled to receive from the Company upon such exercise (a "Buy-In"), then the Company shall pay in cash to the Holder Subscriber (in addition to any remedies available to or elected by the HolderSubscriber) the amount by which (A) the HolderSubscriber's total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered exercise price for which such exercise was not timely honored, together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder the Subscriber purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted exercise of $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrantprice, the Company shall be required to pay the Holder Subscriber $1,000, plus interest. The Holder Subscriber shall provide the Company written notice indicating the amounts payable to the Holder Subscriber in respect of the Buy-Buy- In.

Appears in 1 contract

Samples: Subscription Agreement (Kingsley Coach Inc)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalfbehalf as required above, purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's ’s total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 155% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In, along with the appropriate supporting documentation for such purchase.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Geospatial Corp)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s 's behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 1512% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 1 contract

Samples: Subscription Agreement (Empire Minerals Corp)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to the Holder such Common Stock issuable upon conversion of a Holder Debenture or exercise of a Warrant by the Warrant Shares as required pursuant to this Warrant, within seven Delivery Date and if ten (710) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such the Holder of the Warrant Shares Common Stock which the Holder was entitled to receive from the Company anticipated receiving upon such conversion (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price principal and/or interest amount of the Debenture or exercise price of the Warrant Shares required to have been delivered for which such conversion or exercise was not timely ______________ Initials ____________ Initials honored, together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a the Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted conversion of $10,000 of Purchase Price Debenture principal and/or interest or the exercise of $10,000 of Warrant Shares to have been received upon exercise of this WarrantShares, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 1 contract

Samples: Securities Purchase Agreement (Platina Energy Group Inc.)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days Agreement and after the Warrant Share Delivery Date and Legend Removal Date, the Holder Holder, or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares shares of Common Stock which the Holder was entitled to receive in unlegended form from the Company (a "Buy-In"), then the Company shall promptly pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount amount, if any, by which (A) the Holder's ’s total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price purchase price of the Warrant Shares required shares of Common Stock delivered to have been delivered the Company for reissuance as unlegended Shares, together with interest thereon at a rate of 1512% per annum, annum accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Price purchase price of Warrant Shares shares of Common Stock delivered to have been received upon exercise of this Warrantthe Company for reissuance as unlegended shares, the Company shall be required to pay the Holder $1,000, plus interest, if any. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 1 contract

Samples: Series B Exchange Agreement (Tapinator, Inc.)

Buy-In. In addition to any other rights available to the HolderBuyers, if the Company fails to deliver to a Holder Buyer the Warrant Exchange Shares as required pursuant to this Warrant, within seven issuable upon exchange of Preferred Stock by the date five (75) business days after the Warrant Share date on which the Company shall have received the Exchange Notice (provided the certificate or certificates representing the Preferred Stock exchanged for Exchange Shares is delivered to the Company within three business days of such date, otherwise the date the Preferred Stock is actually received by the Company), together with a duly signed and completed Exchange Notice (the “Delivery Date”), and if after five (5) business days after the Delivery Date and the Holder or a broker on the Holder’s behalf, such Buyer purchases (in an open market transaction or otherwise) shares of common stock ADSs to deliver in satisfaction of a sale by such Holder Buyer of the Warrant Shares ADSs which the Holder Buyer was entitled to receive from the Company upon such conversion (a "Buy-In"), then the Company shall pay in cash to the Holder such Buyer (in addition to any remedies available to or elected by the Holdersuch Buyer) the amount by which (A) the Holder's Buyer’s total purchase price (including brokerage commissions, if any) for the shares of common stock ADSs so purchased exceeds (B) the aggregate Purchase Price of the Warrant Shares required to have been delivered Exchange Amount for which such exchange was not timely honored, together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder the Buyer purchases shares of Common Stock ADSs having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted conversion of $10,000 of Purchase Price Exchange Amount of Warrant Shares to have been received upon exercise of this WarrantPreferred Stock, the Company shall be required to pay the Holder Buyer $1,000, plus interest. The Holder Buyer shall provide the Company written notice indicating the amounts payable to the Holder Buyer in respect of the Buy-In.

Appears in 1 contract

Samples: Securities Subscription Agreement (Insignia Solutions PLC)

Buy-In. In addition to any other rights available to the HolderSubscriber, if the Company fails to deliver to the Subscriber such shares issuable upon conversion of a Holder Note by the Warrant Shares as required pursuant to this Warrant, within seven Delivery Date and if ten (710) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s behalf, Subscriber purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder Subscriber of the Warrant Shares Common Stock which the Holder was entitled to receive from the Company Subscriber anticipated receiving upon such conversion (a "Buy-In"), then the Company shall pay in cash to the Holder Subscriber (in addition to any remedies available to or elected by the HolderSubscriber) the amount by which (A) the HolderSubscriber's total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price principal and/or interest amount of the Warrant Shares required to have been delivered Note for which such conversion was not timely honored, together with interest thereon at a rate of 1512% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder the Subscriber purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted conversion of $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrantnote principal and/or interest, the Company shall be required to pay the Holder Subscriber $1,000, plus interest. The Holder Subscriber shall provide the Company written notice indicating the amounts payable to the Holder Subscriber in respect of the Buy-In. The delivery date by which Common Stock must be delivered pursuant to this Section 9.5 shall be tolled for the amount of days that the Subscriber does not deliver information reasonably requested by the Company's transfer agent.

Appears in 1 contract

Samples: Subscription Agreement (Select Media Communications Inc)

Buy-In. In addition to any other rights available to the Holdera Subscriber, if the Company fails to deliver to a Holder Subscriber such shares issuable upon conversion of a Note by the Warrant Shares as required pursuant to this Warrant, within Delivery Date and if after seven (7) business days after the Warrant Share Delivery Date and the Holder such Subscriber or a broker on the Holder’s behalf, such Subscriber's behalf purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder Subscriber of the Warrant Shares Common Stock which the Holder such Subscriber was entitled to receive from the Company upon such conversion (a "Buy-In"), then the Company shall pay in cash to the Holder such Subscriber (in addition to any remedies available to or elected by the HolderSubscriber) the amount by which (A) the Holdersuch Subscriber's total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price principal and/or interest amount of the Warrant Shares required to have been delivered Note for which such conversion was not timely honored together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder Subscriber purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted conversion of $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrantnote principal and/or interest, the Company shall be required to pay the Holder such Subscriber $1,000, 1,000 plus interest. The Holder Such Subscriber shall provide the Company written notice and evidence indicating the amounts payable to the Holder such Subscriber in respect of the Buy-In.

Appears in 1 contract

Samples: Subscription Agreement (Attitude Drinks Inc.)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to the Holder such shares issuable upon conversion of a Holder Note by the Warrant Shares as required pursuant to this Warrant, within seven Deadline and if five (75) business days after the Warrant Share Delivery Date and Deadline the Holder or a broker on the Holder’s behalf, purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares Common Stock which the Holder was entitled to receive from the Company Subscriber anticipated receiving upon such conversion (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the HolderSubscriber) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price principal and/or interest amount of the Warrant Shares required to have been delivered Note for which such conversion was not timely honored, together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a the Holder purchases shares of Common Stock having a total purchase price of $11,000 S 1 1,000 to cover a Buy-In with respect to an attempted conversion of $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrantnote principal and/or interest, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In. The delivery date by which Common Stock must be delivered pursuant to this Section shall be tolled for the amount of days that the Holder does not deliver information reasonably requested by the Company's transfer agent.

Appears in 1 contract

Samples: Secured Convertible Debenture (Mexoro Minerals LTD)

Buy-In. In addition to any other rights available to the HolderSubscriber, if the Company fails to deliver to the Subscriber such shares issuable upon conversion of a Holder Note by the Warrant Shares as required pursuant to this Warrant, within Delivery Date and if after seven (7) business days after the Warrant Share Delivery Date and the Holder Subscriber or a broker on the HolderSubscriber’s behalf, behalf purchases (in an open market transaction or otherwise) shares of common stock Common Stock to deliver in satisfaction of a sale by such Holder Subscriber of the Warrant Shares Common Stock which the Holder Subscriber was entitled to receive from the Company upon such conversion (a "Buy-In"), then the Company shall pay in cash to the Holder Subscriber (in addition to any remedies available to or elected by the HolderSubscriber) the amount by which (A) the HolderSubscriber's total purchase price (including brokerage commissions, if any) for the shares of common stock Common Stock so purchased exceeds (B) the aggregate Purchase Price principal and/or interest amount of the Warrant Shares required to have been delivered Note for which such conversion was not timely honored together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder the Subscriber purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted conversion of $10,000 of Purchase Price of Warrant Shares to have been received upon exercise of this Warrantnote principal and/or interest, the Company shall be required to pay the Holder Subscriber $1,000, 1,000 plus interest. The Holder Subscriber shall provide the Company written notice and evidence indicating the amounts payable to the Holder Subscriber in respect of the Buy-In.

Appears in 1 contract

Samples: Subscription Agreement (Ever-Glory International Group, Inc.)

Buy-In. In addition to any other rights available to the Holder, if the Company fails to deliver to a Holder the Warrant Shares as required pursuant to this Warrant, within seven (7) business days after the Warrant Share Delivery Date and the Holder or a broker on the Holder’s 's behalf, purchases (in an open market transaction or otherwise) shares of common stock to deliver in satisfaction of a sale by such Holder of the Warrant Shares which the Holder was entitled to receive from the Company (a "Buy-In"), then the Company shall pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (A) the Holder's total purchase price (including brokerage commissions, if any) for the shares of common stock so purchased exceeds (B) the aggregate Purchase Exercise Price of the Warrant Shares required to have been delivered together with interest thereon at a rate of 15% per annum, accruing until such amount and any accrued interest thereon is paid in full (which amount shall be paid as liquidated damages and not as a penalty). For example, if a Holder purchases shares of Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to $10,000 of Purchase Exercise Price of Warrant Shares to have been received upon exercise of this Warrant, the Company shall be required to pay the Holder $1,000, plus interest. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 1 contract

Samples: Subscription Agreement (BigString CORP)

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