Common use of Company's Failure to Deliver Shares Clause in Contracts

Company's Failure to Deliver Shares. If the Company shall fail to deliver shares of Common Stock to the Underwriter by the Settlement Date, the Underwriter shall send a written notice to the Company advising the Company that such shares have not been received. If, after such notice, the Company shall fail to issue shares of Common Stock by the fifth Business Day after the Settlement Date for such shares, the Company shall pay damages to the Underwriter equal to any actual damages incurred by the Underwriter because of the Company's failure to deliver such required shares, including damages resulting from the Underwriter's need, as determined by the Underwriter in its sole discretion, to "unwind" any and all sales of the Company's Common Stock made during the Selling Period and to reimburse any and all purchasers for their completed purchases of the Company's Common Stock. Moreover, if the shares have not been delivered by such date, the Underwriter will not be obligated to pay the Company (unless the Company has already paid the Underwriter's actual damages, if any, incurred during such Selling Period) for any shares sold by the Underwriter or that the Underwriter agreed to sell or was obligated to sell during the Selling Period nor will the Underwriter be obligated to engage in any further efforts to sell the Company's Common Stock during the remainder of the Selling Period. In addition, if the shares have not been delivered by the Company by the fifth Business Day after the Settlement Date, at the Underwriter's sole option, it may terminate this Agreement.

Company's Failure to Deliver Shares. If the Company shall ----------------------------------- fail to deliver the shares of Common Stock to the Underwriter by the Settlement Date, the Underwriter shall send a written notice to notify the Company advising the Company that such shares have not been received. If, after such notice, the Company shall fail to issue the shares of Common Stock by the fifth Business Trading Day after the Settlement Date for such shares, the Company shall pay damages to the Underwriter equal to any actual damages incurred by the Underwriter because of the Company's failure to deliver such required shares, including damages resulting from the Underwriter's need, as determined by the Underwriter in its sole discretion, to "unwind" any and all sales of the Company's Common Stock made during the Selling Period and Capital Raising Period, to reimburse any and all purchasers for their completed purchases of the Company's Common Stock, to borrow securities to cover short positions, and interest and other charges related to net capital compliance. Moreover, if the shares have not been delivered by such date, the Underwriter will not be obligated to pay the Company (unless the Company has already paid the Underwriter's actual damages, if any, incurred during such Selling Capital Raising Period) for any shares sold by the Underwriter or that the Underwriter agreed to sell or was obligated to sell during the Selling Period Capital Raising Period, nor will the Underwriter be obligated to engage in any further efforts to sell the Company's Common Stock during the remainder of the Selling Capital Raising Period. In addition, if the shares have not been delivered by the Company by the fifth Business Day after the Settlement Date, at the Underwriter's sole option, it may terminate this Agreement.

Company's Failure to Deliver Shares. If the Company shall fail to deliver the shares of Common Stock to the Underwriter by the Settlement Date, the Underwriter shall send a written notice to notify the Company advising the Company that such shares have not been received. If, after such notice, the Company shall fail to issue the shares of Common Stock by the fifth Business (5th) Trading Day after the Settlement Date for such shares, the Company shall pay damages to the Underwriter equal to any actual damages incurred by the Underwriter because of the Company's failure to deliver such required shares, including damages resulting from the Underwriter's need, as determined by the Underwriter in its sole discretion, to "unwind" any and all sales of the Company's Common Stock made during the Selling Period and to reimburse any and all purchasers for their completed purchases of the Company's Common Stock. Moreover, if the shares have not been delivered by such date, the Underwriter will not be obligated to pay the Company (unless the Company has already paid the Underwriter's actual damages, if any, incurred during such Selling Period) for any shares sold by the Underwriter or that the Underwriter agreed to sell or was obligated to sell during the Selling Period nor will the Underwriter be obligated to engage in any further efforts to sell the Company's Common Stock during the remainder of the Selling Period. In addition, if the shares have not been delivered by the Company by the fifth Business Day after the Settlement Date, at the Underwriter's sole option, it may terminate this Agreement.

Company's Failure to Deliver Shares. If the Company shall fail to deliver the shares of Common Stock to the Underwriter by the Settlement Date, the Underwriter shall send a written notice to notify the Company advising the Company that such shares have not been received. If, after such notice, the Company shall fail to issue the shares of Common Stock by the fifth Business (5th) Trading Day after the Settlement Date for such shares, the Company shall pay damages to the Underwriter equal to any actual damages incurred by the Underwriter because of the Company's failure to deliver such required shares, including damages resulting from the Underwriter's need, as determined by the Underwriter in its sole discretion, to "unwind" any and all sales of the Company's Common Stock made during the Selling Period and Capital Raising Period, to reimburse any and all purchasers for their completed purchases of the Company's Common Stock, to borrow securities to cover short positions, and interest and other charges related to net capital compliance. Moreover, if the shares have not been delivered by such date, the Underwriter will not be obligated to pay the Company (unless the Company has already paid the Underwriter's actual damages, if any, incurred during such Selling Capital Raising Period) for any shares sold by the Underwriter or that the Underwriter agreed to sell or was obligated to sell during the Selling Capital Raising Period nor will the Underwriter be obligated to engage in any further efforts to sell the Company's Common Stock during the remainder of the Selling Capital Raising Period. In addition, if the shares have not been delivered by the Company by the fifth Business Day after the Settlement Date, at the Underwriter's sole option, it may terminate this Agreement.

Company's Failure to Deliver Shares. If the Company shall fail to deliver the shares of Common Stock to the Underwriter by the Settlement Date, the Underwriter shall send a written notice to notify the Company advising the Company that such shares have not been received. If, after such notice, the Company shall fail to issue the shares of Common Stock by the fifth Business (5th) Trading Day after the Settlement Date for such shares, the Company shall pay damages to the Underwriter equal to any actual damages incurred by the Underwriter because of the Company's failure to deliver such required shares, including damages resulting from the Underwriter's need, as determined by the Underwriter in its sole discretion, to "unwind" any and all sales of the Company's Common Stock made during the Selling Period and to reimburse any and all purchasers for their completed purchases of the Company's Common Stock. Moreover, if the shares have not been delivered by such date, the Underwriter will not be obligated to pay the Company (unless the Company has already paid the Underwriter's actual damages, if any, incurred during such Selling Period) for any shares sold by the Underwriter or that the Underwriter agreed to sell or was obligated to sell during the Selling Period nor will the Underwriter be obligated to FUEL(TM) PATENT PENDING engage in any further efforts to sell the Company's Common Stock during the remainder of the Selling Period. In addition, if the shares have not been delivered by the Company by the fifth Business Day after the Settlement Date, at the Underwriter's sole option, it may terminate this Agreement.