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 the 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 the shares of Common Stock by the fifth Business Day after the Settlement Date for such shares, the Company shall pay damages to the Investor equal to any actual damages incurred by the Investor because of the Company's failure to deliver such required shares, including damages resulting from the Investor's need, as determined by the Investor in its sole discretion, (A) to "unwind" any and all sales of the Company's Common Stock made by the Investor and to reimburse any and all purchasers for their completed purchases of the Company's Common Stock and (B) to "buy in" shares of Common Stock to the extent necessary to satisfy its securities delivery requirements. Moreover, if the shares have not been delivered by such date, the Investor will not be obligated to pay the Company (unless the Company has already paid the Investor's actual damages, if any, incurred during such Selling Period) for any shares purchased by the Investor or that the Investor agreed to purchase or was obligated to purchase 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 Investor'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 Investor by the Settlement Date, the Underwriter Investor 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 the shares of Common Stock by the fifth Business Day after the Settlement Date for such shares, the Company shall pay damages to the Investor equal to any actual damages incurred by the Investor because of the Company's failure to deliver such required shares, including damages resulting from the Investor's need, as determined by the Investor in its sole discretion, (A) to "unwind" any and all sales of the Company's Common Stock made by the Investor and to reimburse any and all purchasers for their completed purchases of the Company's Common Stock and (B) to "buy in" shares of Common Stock to the extent necessary to satisfy its securities delivery requirements. Moreover, if the shares have not been delivered by such date, the Investor will not be obligated to pay the Company (unless the Company has already paid the Investor's actual damages, if any, incurred during such Selling Period) for any shares purchased by the Investor or that the Investor agreed to purchase or was obligated to purchase 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 Investor'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 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 Day after the Settlement Date for such shares, the Company shall pay damages to the Investor equal to any actual damages incurred by the Investor because of the Company's failure to deliver such required shares, including damages resulting from (A) the Investor's need, as determined by the Investor in its sole discretion, (A) to "unwind" any and all sales of the Company's Common Stock made by the Investor and to reimburse any and all purchasers for their completed purchases of the Company's Common Stock and (B) resulting from the Investor's need to "buy in" shares of Common Stock to the extent necessary to satisfy its securities delivery requirementsrequirements ("Buy-In Actual Damages"). Moreover, if the shares have not been delivered by such date, the Investor will not be obligated to pay the Company (unless the Company has already paid the Investor's actual damages, if any, incurred during such Selling Period) for any shares purchased by the Investor or that the Investor agreed to purchase or was obligated to purchase 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 Investor'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 Investor by the Settlement Date, the Underwriter Investor 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 the shares of Common Stock by the fifth Business Day after the Settlement Date for such shares, the Company shall pay damages to the Investor equal to any actual damages incurred by the Investor because of the Company's failure to deliver such required shares, including damages resulting from (A) the Investor's need, as determined by the Investor in its sole discretion, (A) to "unwind" any and all sales of the Company's Common Stock made by the Investor and to reimburse any and all purchasers for their completed purchases of the Company's Common Stock and (B) resulting from the Investor's need to "buy in" shares of Common Stock to the extent necessary to satisfy its securities delivery requirementsrequirements ("Buy-In Actual Damages"). Moreover, if the shares have not been delivered by such date, the Investor will not be obligated to pay the Company (unless the Company has already paid the Investor's actual damages, if PROVISIONAL PATENT APPLICATION HAS BEEN FILED any, incurred during such Selling Period) for any shares purchased by the Investor or that the Investor agreed to purchase or was obligated to purchase 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 Investor's sole option, it may terminate this Agreement.