Common use of Defaulting Investor Clause in Contracts

Defaulting Investor. If any Investor defaults in the payment of the applicable aggregate Purchase Price for such Investor’s Securities at the Funding Date (including if such Investor is unable or unwilling to pay the Purchase Price, in which case such Investor (a “Defaulting Investor”) shall notify the Company and each other Investor (each, a “Non-Defaulting Investor”) within three (3) business days prior to the Funding Date), the Non-Defaulting Investors may make arrangements reasonably satisfactory to the Company for the purchase of the Securities that were to be purchased by the Defaulting Investor by any of the Non-Defaulting Investors or by any other Person reasonably acceptable to the Company; provided, that such arrangements and purchase by any Non-Defaulting Investor or other Person shall in no way relieve such Defaulting Investor of any liability under this Agreement. Notwithstanding anything to the contrary herein, the Company may proceed with the Closing with any Non-Defaulting Investors and/or any other Person that pursuant to the previous sentence has agreed to purchase the Defaulting Investor(s) Subscriptions.

Defaulting Investor. If any Investor defaults in the payment any of the applicable aggregate Purchase Price for such Investor’s Securities at the Funding Date (including if such Investor its obligations hereunder or is unable or unwilling to pay proceed with the Purchase PriceClosing of the transactions under this Agreement, in which case such Investor (a “Defaulting Investor”) shall notify the Company and each other Investor (each, a “Non-Defaulting Investor”) within three five (35) business days prior to the Funding date of the Authorization Date), the . The Non-Defaulting Investors may make arrangements reasonably satisfactory to the Company for the purchase of the Securities that were to be purchased by the Defaulting Investor by any of the Non-Defaulting Investors or by any other Person reasonably acceptable to the Company; provided, that such arrangements and purchase by any Non-Defaulting Investor or other Person shall in no way relieve such Defaulting Investor of any liability under this Agreement. Notwithstanding anything to the contrary herein, the Company may proceed with the Closing with any Non-Defaulting Investors and/or any other Person that pursuant to the previous sentence has agreed to purchase the Defaulting Investor(s) Subscriptions.

Defaulting Investor. If any Investor defaults in the payment any of the applicable aggregate Purchase Price for such Investor’s Securities at the Funding Date (including if such Investor its obligations hereunder or is unable or unwilling to pay proceed with the Purchase PriceClosing of the transactions under this Agreement, in which case such Investor (a “Defaulting Investor”) shall notify the Company and each other Investor (each, a “Non-Defaulting Investor”) within three five (35) business days prior to the Funding Date)date of the Special Meeting, the Non-Defaulting Investors may make arrangements reasonably satisfactory to the Company for the purchase of the Securities that were to be purchased by the Defaulting Investor by any of the Non-Defaulting Investors or by any other Person reasonably acceptable to the Company; provided, that such arrangements and purchase by any Non-Defaulting Investor or other Person shall in no way relieve such Defaulting Investor of any liability under this Agreement. Notwithstanding anything to the contrary herein, the Company may proceed with the Closing with any Non-Defaulting Investors and/or any other Person that pursuant to the previous sentence has agreed to purchase the Defaulting Investor(s) Subscriptions.

Defaulting Investor. If any Investor defaults in the payment of the applicable aggregate Purchase Price for such Investor’s Securities at the Funding Date Time (including if such Investor is unable or unwilling to pay the Purchase Price, in which case such Investor (a “Defaulting Investor”) shall notify the Company and each the other Investor Investors (each, a “Non-Defaulting Investor”) within three (3) business days prior to the Funding DateTime), the Non-Defaulting Investors may make arrangements reasonably satisfactory to the Company for the purchase of the Securities that were to be purchased by the Defaulting Investor by any of the Non-Defaulting Investors or by any other Person reasonably acceptable to the Company; provided, that such arrangements and purchase by any Non-Defaulting Investor or other Person shall in no way relieve such Defaulting Investor of any liability under this Agreement. Notwithstanding anything to the contrary herein, the Company may proceed with the Closing with any the Non-Defaulting Investors and/or any other Person that that, pursuant to the previous sentence sentence, has agreed to purchase the Defaulting Investor(s) Subscriptions.