Company's Damages Clause Samples

Company's Damages. In the event that the conditions set forth in Section 4.2 have been satisfied or waived but any Purchaser shall not have delivered to the Company the purchase price for such Purchaser's Tranche B Shares on or prior to the third (3rd) Business Day after the Second Closing Date, in addition to any other remedies available to the Company, the Conversion Price (as defined in the Certificate of Designation) with respect to such Purchaser's Tranche A Shares shall be automatically increased, with no action required on the part of the Company (other than a Company notice to such Purchaser with respect to such adjustment), from $13.00 per share to $16.00 per share (subject to adjustment for any stock splits, stock combinations or similar transactions).