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

Company's Failure to Timely Deliver Shares. If within ten (10) Trading Days after the Company's receipt of a copy of the Purchase Notice properly submitted in accordance with the term and conditions of this Agreement (subject to extension in accordance with Section 1(e)(iii) for a good faith dispute made in accordance with the terms of Section 1(e)(iii)) (the "Share Delivery Period"), the Transfer Agent shall fail to issue Purchase Shares via credit to the Buyer's account with DTC for the number of Purchase Shares to which such Buyer is entitled upon such Buyer's submission of the applicable Purchase Notice (a "Purchase Failure"), in addition to all other available remedies which such Buyer may pursue under applicable laws and this Agreement (including indemnification obligations of the Company set forth in Section 8 hereof), the Company shall pay in cash, on demand, additional damages to the Buyer for each day after such tenth (10th) Trading Day that the issuance of such Purchase Shares is not timely effected, in an amount equal to 1.5% of the product of (I) the number of Purchase Shares not issued to the Buyer on a timely basis pursuant to Section 1(e)(ii) and to which such Buyer is entitled and (II) the Closing Sale Price of the Common Stock on the Purchase Date.

Company's Failure to Timely Deliver Shares. If within ten five (105) Trading Days after the Company's receipt of a copy of the Purchase Notice properly submitted in accordance with the term and conditions of this Agreement (subject to extension in accordance with Section 1(e)(iii) for a good faith dispute made in accordance with the terms of Section 1(e)(iii)) (the "Share Delivery Period"), the Transfer Agent shall fail to issue Purchase Shares via credit to the Buyer's account with DTC for the number of Purchase Shares to which such Buyer is entitled upon such Buyer's submission of the applicable Purchase Notice (a "Purchase Failure"), in addition to all other available remedies which such Buyer may pursue under applicable laws and this Agreement (including indemnification obligations of the Company set forth in Section 8 hereof), the Company shall pay in cash, on demand, additional damages to the Buyer for each day after such tenth fifth (10th5th) Trading Day that the issuance of such Purchase Shares is not timely effected, in an amount equal to 1.5% of the product of (I) the number of Purchase Shares not issued to the Buyer on a timely basis pursuant to Section 1(e)(ii) and to which such Buyer is entitled and (II) the Closing Sale Price of the Common Stock on the Purchase Date.

Company's Failure to Timely Deliver Shares. If within ten five (105) Trading Days after the Company's receipt of a copy of the Purchase Notice properly submitted in accordance with the term and conditions of this Agreement (subject to extension in accordance with Section 1(e)(iii2(e)(iii) for a good faith dispute made in accordance with the terms of Section 1(e)(iii2(e)(iii)) (the "Share Delivery PeriodSHARE DELIVERY PERIOD"), ) the Transfer Agent shall fail to issue Purchase Shares via credit a certificate to the BuyerHolder or credit the Holder's balance account with DTC for the number of Purchase Shares shares of Common Stock to which such Buyer Holder is entitled upon such BuyerHolder's submission purchase of the applicable Purchase Notice Available Amount (a "Purchase FailurePURCHASE FAILURE"), in addition to all other available remedies which such Buyer Holder may pursue hereunder and under applicable laws and this the Master Facility Agreement (including indemnification obligations of the Company set forth in Section 8 hereoftherein), the Company shall pay in cash, on demand, additional damages to the Buyer for Holder on each day after such tenth fifth (10th5th) Trading Day that the issuance of such Purchase Shares purchase is not timely effected, effected in an amount equal to 1.51.0% of the product of (I) the number of Purchase Shares shares of Common Stock not issued to the Buyer Holder on a timely basis pursuant to Section 1(e)(ii2(e)(ii) and to which such Buyer Holder is entitled and (II) the Closing Sale Price of the Common Stock on the Purchase Datelast possible date which the Company could have issued such Common Stock to the Holder without violating Section 2(e)(ii).

Company's Failure to Timely Deliver Shares. If within ten five (105) Trading Days after the Company's receipt of a copy of the Purchase Notice properly submitted in accordance with the term and conditions of this Agreement (subject to extension in accordance with Section 1(e)(iii) for a good faith dispute made in accordance with the terms of Section 1(e)(iii)) (the "Share Delivery Period"), the Transfer Agent shall fail to issue Purchase Shares via credit to the Buyer's account with DTC for the number of Purchase Shares to which such Buyer is entitled upon such Buyer's submission of the applicable Purchase Notice or, if the Transfer Agent is not participating in The DTC Fast Automated Securities Transfer Program and DWAC system, issue and surrender to the address as specified in the Purchase Notice, a certificate, registered in the name of the Buyer or its designee, for the number of shares of Common Stock to which the Buyer shall be entitled. (a "Purchase Failure"), in addition to all other available remedies which such Buyer may pursue under applicable laws and this Agreement (including indemnification obligations of the Company set forth in Section 8 hereof), the Company shall pay in cash, on demand, additional damages to the Buyer for each day after such tenth fifth (10th5th) Trading Day that the issuance of such Purchase Shares is not timely effected, in an amount equal to 1.5% of the product of (I) the number of Purchase Shares not issued to the Buyer on a timely basis pursuant to Section 1(e)(ii) and to which such Buyer is entitled and (II) the Closing Sale Price of the Common Stock on the Purchase Date.

Company's Failure to Timely Deliver Shares. If within ten five (105) Trading Days after the Company's receipt of a copy of the Purchase Notice properly submitted in accordance with the term and conditions of this Agreement (subject to extension in accordance with Section 1(e)(iii) for a good faith dispute made in accordance with the terms of Section 1(e)(iii)) (the "Share Delivery Period"), the Transfer Agent shall fail fails to issue Purchase Shares via credit to the Buyer's account with The DTC for the number of Purchase Shares to which such the Buyer is entitled upon such the Buyer's submission of the applicable Purchase Notice (a "Purchase Failure"), in addition to all other available remedies which such the Buyer may pursue under applicable laws and this Agreement (including indemnification obligations of the Company set forth in Section 8 hereof), the Company shall pay in cash, on demand, additional damages to the Buyer for each day after such tenth fifth (10th5th) Trading Day that the issuance of such Purchase Shares is not timely effected, in an amount equal to 1.5% of the product of (I) the number of Purchase Shares not issued to the Buyer on a timely basis pursuant to Section 1(e)(ii) and to which such the Buyer is entitled and (II) the Closing Sale Price of the Common Stock on the Purchase Date.

Company's Failure to Timely Deliver Shares. If within ten five (105) Trading Days after the Company's receipt of a copy of the Purchase Notice properly submitted in accordance with the term and conditions of this Agreement (subject to extension in accordance with Section 1(e)(iii2(e)(iii) for a good faith dispute made in accordance with the terms of Section 1(e)(iii2(e)(iii)) (the "Share Delivery PeriodSHARE DELIVERY PERIOD"), ) the Transfer Agent shall fail to issue Purchase Shares via a certificate to the Buyer or credit to the Buyer's balance account with DTC for the number of Purchase Shares shares of Common Stock to which such Buyer is entitled upon such Buyer's submission purchase of the applicable Purchase Notice Available Amount (a "Purchase FailurePURCHASE FAILURE"), in addition to all other available remedies which such Buyer may pursue under applicable laws and this Common Stock Purchase Agreement (including indemnification obligations of the Company set forth in Section 8 hereofherein), the Company shall pay in cash, on demand, additional damages to the Buyer for on each day after such tenth fifth (10th5th) Trading Day that the issuance of such Purchase Shares purchase is not timely effected, effected in an amount equal to 1.51.0% of the product of (I) the number of Purchase Shares shares of Common Stock not issued to the Buyer on a timely basis pursuant to Section 1(e)(ii2(e)(ii) and to which such Buyer is entitled and (II) the Closing Sale Price of the Common Stock on the Purchase Datelast possible date which the Company could have issued such Common Stock to the Buyer without violating Section 2(e)(ii).

Company's Failure to Timely Deliver Shares. If within ten five (105) Trading Days after the Company's receipt of a copy of the Purchase Notice properly submitted in accordance with the term and conditions of this Agreement Section 1(e) (subject to extension in accordance with Section 1(e)(iii) for a good faith dispute made in accordance with the terms of Section 1(e)(iii)) (the "Share Delivery Period"), the Transfer Agent shall fail fails to issue Purchase Shares via credit to the Buyer's account with DTC for the number of Purchase Shares specified in a Purchase Notice submitted by the Buyer or, if the Transfer Agent is not participating in The DTC Fast Automated Securities Transfer Program and DWAC system, issue and surrender to the address as specified in the Purchase Notice, a certificate, registered in the name of the Buyer or its designee, for the number of shares of Common Stock to which such the Buyer is entitled upon such Buyer's submission of the applicable Purchase Notice shall be entitled. (a "Purchase Failure"), in addition to all other available remedies which such the Buyer may pursue under applicable laws and this Agreement (including indemnification obligations of the Company set forth in Section 8 hereof), the Company shall pay in cash, on demand, additional damages to the Buyer for each day after such tenth fifth (10th5th) Trading Day that the issuance of such Purchase Shares is not timely effected, in an amount equal to 1.5% of the product of (I) the number of Purchase Shares not issued to the Buyer on a timely basis pursuant to Section 1(e)(ii) and to which such the Buyer is entitled and (II) the Closing Sale Price of the Common Stock on the Purchase Date.

Company's Failure to Timely Deliver Shares. If within ten five (105) Trading Days after the Company's receipt of a copy of the Purchase Notice properly submitted in accordance with the term and conditions of this Agreement (subject to extension in accordance with Section 1(e)(iii) for a good faith dispute made in accordance with the terms of Section 1(e)(iii)) (the "Share Delivery Period"), the Transfer Agent shall fail fails to issue Purchase Shares via credit to the Buyer's account with The DTC for the number of Purchase Shares to which such the Buyer is entitled upon such the Buyer's submission of the applicable Purchase Notice (a "Purchase Failure"), in addition to all other available remedies which such the Buyer may pursue under applicable laws and this Agreement (including indemnification obligations of the Company set forth in Section 8 hereof), the Company shall pay in cash, on demand, additional damages to the Buyer for each day after such tenth fifth (10th5th) Trading Day that the issuance of such Purchase Shares is not timely effected, in an amount equal to 1.5% of the product of (I) the number of Purchase Shares not issued to the Buyer on a timely basis pursuant to Section 1(e)(ii) and to which such the Buyer is entitled and (II) the Closing Sale Price of the Common Stock on the Purchase Date.