Delay in Effectiveness of Registration Statement. In the event that the Registration Statement is not declared effective on or before the 120th day following the Closing Date (the "Penalty Date"), the Company shall pay to each Purchaser liquidated damages in an amount equal to 0.25% of the total purchase price of the Shares purchased by such Purchaser pursuant to this Agreement for each week after the Penalty Date that the Registration Statement is not declared effective.
Appears in 2 contracts
Samples: Heska Share Purchase Agreement (Heska Corp), Share Purchase Agreement (Sonosite Inc)
Delay in Effectiveness of Registration Statement. In the event that the Registration Statement is not declared effective on or before the 120th day following the Closing Date (the "Penalty Date")by January 20, 2001, the Company shall pay to each Purchaser liquidated damages in an amount equal to 0.25% of the total purchase price of the Shares purchased by such Purchaser pursuant to this Agreement for each week after the Penalty Date January 20, 2001 that the Registration Statement is not declared effective.
Appears in 2 contracts
Samples: Share Purchase Agreement (Auspex Systems Inc), Share Purchase Agreement (Auspex Systems Inc)
Delay in Effectiveness of Registration Statement. In the event that the Registration Statement is not declared effective on or before the 120th 90th day following the Closing Date (the "Penalty Date"), the Company shall pay to each Purchaser liquidated damages in an amount equal to 0.25% of the total purchase price of the Shares purchased by such Purchaser pursuant to this Agreement for each week after the Penalty Date that the Registration Statement is not declared effective.
Appears in 2 contracts
Samples: Share Purchase Agreement (Scansoft Inc), Share Purchase Agreement (Ultralife Batteries Inc)
Delay in Effectiveness of Registration Statement. In the event that the Registration Statement is not declared effective on or before by the 120th day following date that is 120 days after the Closing Date (the "Penalty Date"), the Company shall pay to each Purchaser liquidated damages in an amount equal to 0.25% of the total purchase price of the Shares purchased by such Purchaser pursuant to this Agreement for each full week after by the Penalty date that is 120 days after the Closing Date that the Registration Statement is not declared effective.
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Delay in Effectiveness of Registration Statement. In the event that the Registration Statement is not declared effective on or before the 120th 90th day following the Closing Date (the "Penalty Date"), the Company shall pay to each Purchaser in cash liquidated damages in an amount equal to 0.25% of the total purchase price of the Shares purchased by such Purchaser pursuant to this Agreement for each week after the Penalty Date that the Registration Statement is not declared effective.
Appears in 1 contract
Samples: Series I Preferred Stock Purchase Agreement (Exabyte Corp /De/)
Delay in Effectiveness of Registration Statement. In the event that the Registration Statement is not declared effective on or before the 120th day following by 120 days after the Closing Date (the "Penalty Date"), the Company shall pay to each the Purchaser liquidated damages in an amount equal to 0.25% of the total purchase price Purchase Price of the Shares purchased by such Purchaser pursuant to this Agreement for each week complete seven-day period after the Penalty date that is 120 days after the Closing Date that the Registration Statement is not declared effective.
Appears in 1 contract
Samples: Stock Purchase Agreement (Advanced Tissue Sciences Inc)
Delay in Effectiveness of Registration Statement. In the event that the Registration Statement is not declared effective on or before by the 120th day following the Closing Required Effectiveness Date (the "Penalty Date"in accordance with Section 5.1(b), the Company shall pay in cash to each Purchaser the Investor liquidated damages in an the amount equal to 0.25of 2.0% of the total purchase price Aggregate Purchase Price per month thereafter (pro rata for any portion thereof) until the earlier of (i) the Shares purchased by such Purchaser pursuant to this Agreement for each week after the Penalty Date that date on which the Registration Statement is not first declared effectiveeffective by the SEC or (ii) the second anniversary of the Closing Date, any such payments to be made monthly in arrears.
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Delay in Effectiveness of Registration Statement. In the event that the Registration Statement is not declared effective on or before the 120th day following the Closing Date (the "Penalty Date"), the Company shall pay to each Purchaser liquidated damages in an amount equal to 0.25% of the total purchase price Per Share Price of the Shares each Share purchased by such Purchaser pursuant to this Agreement for each week complete seven-day period after the Penalty Date that the Registration Statement is not declared effective.
Appears in 1 contract
Samples: Stock Purchase Agreement (Advanced Tissue Sciences Inc)
Delay in Effectiveness of Registration Statement. In the event that the Registration Statement is not declared effective on or before the 120th 120/th/ day following the Closing Date (the "Penalty Date"), the Company shall pay to each Purchaser liquidated damages in an amount equal to 0.25% of the total purchase price of the Shares purchased by such Purchaser pursuant to this Agreement for each week after the Penalty Date that the Registration Statement is not declared effective.
Appears in 1 contract
Samples: Identix Incorporated Share Purchase Agreement (Identix Inc)
Delay in Effectiveness of Registration Statement. In the event that the Registration Statement is not declared effective on or before the 120th day following the Closing Date (the "Penalty Date"), the Company shall pay to each the Purchaser liquidated damages in an amount equal to 0.25% of the total purchase price of the Shares purchased by such Purchaser pursuant to this Agreement for each week after the Penalty Date that the Registration Statement is not declared effective.
Appears in 1 contract
Samples: Exabyte Share Purchase Agreement (Exabyte Corp /De/)
Delay in Effectiveness of Registration Statement. In the event that the Registration Statement is not declared effective on or before the 120th 90th day following the Closing Date (the "βPenalty Date"β), the Company shall pay to each Purchaser liquidated damages in an amount equal to 0.25% of the total purchase price of the Shares purchased by such Purchaser pursuant to this Agreement for each week after the Penalty Date that the Registration Statement is not declared effective.
Appears in 1 contract
Samples: Share Purchase Agreement (P Com Inc)
Delay in Effectiveness of Registration Statement. In the event that the Registration Statement is not declared effective on or before the 120th day following the Closing Date (the "Penalty DatePENALTY DATE"), the Company shall pay to each Purchaser liquidated damages in an amount equal to 0.25% of the total purchase price of the Shares purchased by such Purchaser pursuant to this Agreement for each week after the Penalty Date that the Registration Statement is not declared effective.the
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Delay in Effectiveness of Registration Statement. In the event that the Registration Statement is not declared effective on or before the 120th day following ninety (90) days from the Closing Date (the "Penalty Date"), the Company shall pay to each Purchaser liquidated damages in an amount equal to 0.25% of the total purchase price of the Shares purchased by such Purchaser pursuant to this Agreement for each week after the Penalty Date that the Registration Statement is not declared effective.
Appears in 1 contract
Samples: Cardiogenesis Corporation Share Purchase Agreement (Cardiogenesis Corp /Ca)
Delay in Effectiveness of Registration Statement. In the event that the Registration Statement is not declared effective on or before by the 120th day following date that is 120 days after the Closing Date (the "Penalty Date"), the Company shall pay to each Purchaser liquidated damages in 15. 16 an amount equal to 0.25% of the total purchase price of the Shares purchased by such Purchaser pursuant to this Agreement for each week after the Penalty date that is 120 days after the Closing Date that the Registration Statement is not declared effective.
Appears in 1 contract
Samples: Share Purchase Agreement (General Datacomm Industries Inc)
Delay in Effectiveness of Registration Statement. In the event that the Registration Statement is not declared effective on or before the 120th day following by within one hundred and twenty (120) days after the Closing Date (the "Penalty Date"), the Company shall pay to each Purchaser liquidated damages in an amount equal to 0.25% one percent (1%) of the total purchase price of the Shares purchased by such Purchaser pursuant to this Agreement for each week after the Penalty Date that thirty (30) day period thereafter (prorated for partial periods) until the Registration Statement is not declared effective.
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Delay in Effectiveness of Registration Statement. In the event that the Registration Statement is not declared effective on or before the 120th day following the Closing Date March 31, 2002 (the "Penalty Date"), the Company shall pay to each Purchaser liquidated damages in an amount equal to 0.25% of the total purchase price of the Shares purchased by such Purchaser pursuant to this Agreement for each week after the Penalty Date that the Registration Statement is not declared effective.
Appears in 1 contract
Samples: Cardiogenesis Corporation Share Purchase Agreement (Cardiogenesis Corp /Ca)
Delay in Effectiveness of Registration Statement. In the event that the Registration Statement is not declared effective on or before by the 120th day following date that is 120 days after the Closing Date (the "Penalty Date"), the Company shall pay to each Purchaser liquidated damages in an amount equal to 0.25% of the total purchase price of the Shares purchased by such Purchaser pursuant to this Agreement for each week after by the Penalty date that is 120 days after the Closing Date that the Registration Statement is not declared effective.
Appears in 1 contract
Samples: Heska Corporation Stock Purchase Agreement (Heska Corp)
Delay in Effectiveness of Registration Statement. In the event ------------------------------------------------ that the Registration Statement is not declared effective on or before the 120th 90th day following the Closing Date (the "Penalty Date"), the Company shall pay to each Purchaser liquidated damages in an amount equal to 0.25% of the total purchase price of the Shares Securities purchased by such Purchaser pursuant to this Agreement for each week after the Penalty Date that the Registration Statement is not declared effective.
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (Fusion Medical Technologies Inc)