Delay in Effectiveness of Registration Statement. In the event the Registration Statement is not declared effective by the Required Effectiveness Date in accordance with Section 5.1(b), the Company shall pay in cash to the Investor liquidated damages in the amount of 2.0% of the Aggregate Purchase Price per month thereafter (pro rata for any portion thereof) until the earlier of (i) the date on which the Registration Statement is first declared effective by the SEC or (ii) the second anniversary of the Closing Date, any such payments to be made monthly in arrears.
Appears in 1 contract
Delay in Effectiveness of Registration Statement. In the event the Registration Statement is not declared effective by the Required Effectiveness SEC within 120 calendar days after the Closing Date in accordance with Section 5.1(b), the Company shall pay in cash to the Investor liquidated damages in the amount of 2.01.0% of the Aggregate Purchase Price per month thereafter (pro rata for any portion thereof) until the earlier of (i) the date on which the Registration Statement is first declared effective by the SEC or (ii) the second anniversary of the Closing Date, any such payments to be made monthly in arrears.
Appears in 1 contract
Samples: Stock Purchase Agreement (Inverness Medical Innovations Inc)
Delay in Effectiveness of Registration Statement. In the event that the Registration Statement is not declared effective by the Required Effectiveness Date in accordance with Section 5.1(b)SEC by the date that is one hundred ten (110) days after the First Closing Date, the Company shall pay in cash to the Investor each Purchaser liquidated damages in the a cash amount equal to one-thirtieth of 2.0% one percent (1/30 of 1%) of the Aggregate Purchase Price per month thereafter (pro rata total purchase price of the Shares purchased by such Purchaser pursuant to this Agreement for any portion thereof) until the earlier of (i) the date on which each day that the Registration Statement is first not declared effective by the SEC or after the date that is one hundred ten (ii110) days after the second anniversary of the First Closing Date, any such payments to be made monthly in arrears.
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (Trimble Navigation LTD /Ca/)
Delay in Effectiveness of Registration Statement. In the event that the Registration Statement is not declared effective by the Required Effectiveness Date in accordance with Section 5.1(b)SEC by the date that is one hundred ten (110) days after the Closing Date, the Company shall pay in cash to the Investor each Purchaser liquidated damages in the a cash amount equal to one-thirtieth of 2.0% one percent (1/30 of 1%) of the Aggregate Purchase Price per month thereafter (pro rata total purchase price of the Shares purchased by such Purchaser pursuant to this Agreement for any portion thereof) until the earlier of (i) the date on which each day that the Registration Statement is first not declared effective by the SEC or after the date that is one hundred ten (ii110) the second anniversary of days after the Closing Date, any such payments to be made monthly in arrears.
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (Trimble Navigation LTD /Ca/)
Delay in Effectiveness of Registration Statement. In the event the Registration Statement is not declared effective by the Required Effectiveness Date in accordance with Section 5.1(b)SEC within 120 days after the Closing Date, the Company shall pay in cash to the Investor liquidated damages in the amount of 2.01.0% of the Aggregate Purchase Price per month thereafter (pro rata for any portion thereof) until the earlier of (i) the date on which the Registration Statement is first declared effective by the SEC or (ii) the second anniversary of the Closing Date, any such payments to be made monthly in arrears.
Appears in 1 contract
Samples: Stock Purchase Agreement (Inverness Medical Innovations Inc)