Common use of Consequences of Late Delivery Clause in Contracts

Consequences of Late Delivery. Without limiting the generality of this Confirmation, the Agreement and the Equity Definitions, if for any reason CONE fails to deliver any Shares on the date on which such delivery is required hereunder and a Forward Price Reduction Date occurs on or after such required delivery date and on or before the date such Shares are delivered, CONE acknowledges and agrees that, in addition to any other amounts for which CONE may be liable hereunder or under law (but without duplication), CONE shall be liable to Dealer for an amount equal to the product of: (i) the number of Shares so due but not yet delivered on or prior to such Forward Price Reduction Date; and (ii) the Forward Price Reduction Amount for such Forward Price Reduction Date.

Consequences of Late Delivery. Without limiting the generality of this Confirmation, the Agreement and the Equity Definitions, if for any reason CONE Counterparty fails to deliver when due any Shares on the date on which such delivery is required to be delivered hereunder and a Forward Price Reduction Date occurs on or after the date such required delivery date Shares are due and on or before the date such Shares are delivered, CONE Counterparty acknowledges and agrees that, in addition to any other amounts for which CONE Counterparty may be liable hereunder or under law (but without duplication), CONE Counterparty shall be liable to Dealer for an amount equal to the product of: (i) of the number of Shares so due but not yet delivered on or prior to such Forward Price Reduction Date; Date and (ii) the Forward Price Reduction Amount for such Forward Price Reduction Date.

Consequences of Late Delivery. Without limiting the generality of this Confirmation, the Agreement and the Equity Definitions, if for any reason CONE Counterparty fails to deliver any Shares on the date on which such delivery is required hereunder and a Forward Price Reduction Date occurs on or after such required delivery date and on or before the date such Shares are delivered, CONE Counterparty acknowledges and agrees that, in addition to any other amounts for which CONE Counterparty may be liable hereunder or under law (but without duplication), CONE Counterparty shall be liable to Dealer GS&Co. for an amount equal to the product of: (i) the number of Shares so due but not yet delivered on or prior to such Forward Price Reduction Date; and (ii) the Forward Price Reduction Amount for such Forward Price Reduction Date.

Consequences of Late Delivery. Without limiting the generality of this Confirmation, the Agreement and the Equity Definitions, if for any reason CONE Essential fails to deliver any Shares on the date on which such delivery is required hereunder and a Forward Price Reduction Date occurs on or after such required delivery date and on or before the date such Shares are delivered, CONE Essential acknowledges and agrees that, in addition to any other amounts for which CONE Essential may be liable hereunder or under law (but without duplication), CONE Essential shall be liable to Dealer for an amount equal to the product of: (ia) the number of Shares so due but not yet delivered on or prior to such Forward Price Reduction Date; and (iib) the Forward Price Reduction Amount for such Forward Price Reduction Date.

Consequences of Late Delivery. Without limiting the generality of this Confirmation, the Agreement and the Equity Definitions, if for any reason CONE Company fails to deliver any Shares on the date on which such delivery is required hereunder and a Forward Price Reduction Date occurs on or after such required delivery date and on or before the date such Shares are delivered, CONE Company acknowledges and agrees that, in addition to any other amounts for which CONE Company may be liable hereunder or under law (but without duplication), CONE Company shall be liable to Dealer for an amount equal to the product of: (ia) the number of Shares so due but not yet delivered on or prior to such Forward Price Reduction Date; and (iib) the Forward Price Reduction Amount for such Forward Price Reduction Date.