Common use of Delay in Filing or Effectiveness of Secondary Registration Statement Clause in Contracts

Delay in Filing or Effectiveness of Secondary Registration Statement. If a Secondary Registration Statement covering the Warrant Shares is not filed on or prior to the Filing Deadline or is not declared effective by the Commission on or prior to the Effectiveness Deadline, then for each day following the Filing Deadline or Effectiveness Deadline, as applicable, until but excluding the date the Company files or the Commission declares the Secondary Registration Statement effective, as the case may be, the Company shall, for each such day, pay the Purchaser with respect to any such failure, as liquidated damages and not as a penalty, an amount per thirty (30)-day period equal to 1.0% of the purchase price paid by the Purchaser for its Shares and Warrant Shares pursuant to this Agreement (calculated on a daily pro rata basis for any portion of such thirty (30)-day period prior to the cure of such failure); and for any such thirty (30)-day period (or earlier period if such failure is cured prior to thirty (30) days), such payment shall be made no later than three (3) Business Days following such thirty (30)-day period (or earlier period if such failure is cured prior to thirty (30) days). Notwithstanding the foregoing provisions, in no event shall the amount of Liquidated Damages payable by the Company to the Purchaser pursuant to this Section 6.5 exceed, in the aggregate, five percent (5.0%) of the aggregate purchase price paid by the Purchaser pursuant to this Agreement. Such payments shall be made to the Purchaser in cash.

Delay in Filing or Effectiveness of Secondary Registration Statement. If a Secondary Registration Statement covering the Shares and Warrant Shares is not filed on or prior to the Filing Deadline or is not declared effective by the Commission on or prior to the Effectiveness Deadline, then for each day following the Filing Deadline or Effectiveness Deadline, as applicable, until but excluding the date the Company files or the Commission declares the Secondary Registration Statement effective, as the case may be, the Company shall, for each such day, pay the each Purchaser with respect to any such failure, as liquidated damages and not as a penalty, an amount per thirty (30)-day period equal to 1.0% of the purchase price paid by the such Purchaser for its Shares and Warrant Shares pursuant to this Agreement (calculated on a daily pro rata basis for any portion of such thirty (30)-day period prior to the cure of such failure); and for any such thirty (30)-day period (or earlier period if such failure is cured prior to thirty (30) days), such payment shall be made no later than three (3) Business Days following such thirty (30)-day period (or earlier period if such failure is cured prior to thirty (30) days). Notwithstanding the foregoing provisions, in no event shall the amount of Liquidated Damages payable by the Company be obligated to the Purchaser pay any liquidated damages pursuant to this Section 6.5 exceed, to more than one Purchaser in the aggregate, five percent (5.0%) respect of the same Shares or Warrant Shares for the same period of time or in an aggregate amount that exceeds 5.0% of the purchase price paid by the Purchaser Purchasers for the Shares and Warrant Shares pursuant to this Agreement. Such payments shall be made to the Purchaser Purchasers in cash.

Delay in Filing or Effectiveness of Secondary Registration Statement. If a Secondary Registration Statement covering the Warrant Shares is not filed on or prior to the Filing Deadline or is not declared effective by the Commission on or prior to the Effectiveness Deadline, then for each day following the Filing Deadline or Effectiveness Deadline, as applicable, until but excluding the date the Company files or the Commission declares the Secondary Registration Statement effective, as the case may be, the Company shall, for each such day, pay the each Purchaser with respect to any such failure, as liquidated damages and not as a penalty, an amount per thirty (30)-day period equal to 1.0% of the purchase price paid by the such Purchaser for its Shares and Warrant Shares pursuant to this Agreement (calculated on a daily pro rata basis for any portion of such thirty (30)-day period prior to the cure of such failure); and for any such thirty (30)-day period (or earlier period if such failure is cured prior to thirty (30) days), such payment shall be made no later than three (3) Business Days following such thirty (30)-day period (or earlier period if such failure is cured prior to thirty (30) days). Notwithstanding the foregoing provisions, in no event shall the amount of Liquidated Damages payable by the Company be obligated to the Purchaser pay any liquidated damages pursuant to this Section 6.5 exceed, to more than one Purchaser in the aggregate, five percent (5.0%) respect of the same Shares for the same period of time or in an aggregate amount that exceeds 5.0% of the purchase price paid by the Purchaser Purchasers for the Shares pursuant to this Agreement. Such payments shall be made to the Purchaser Purchasers in cash.

Delay in Filing or Effectiveness of Secondary Registration Statement. If a Secondary Registration Statement covering the Shares and Warrant Shares is not filed on or prior to the Filing Deadline or or, if not effective automatically upon filing, is not declared effective by the Commission on or prior to the Effectiveness Deadline, then for each day following the Filing Deadline or Effectiveness Deadline, as applicable, until but excluding the date the Company files or the Commission declares the Secondary Registration Statement effective, as the case may be, the Company shall, for each such day, pay the each Purchaser with respect to any such failure, as liquidated damages and not as a penalty, an amount per thirty (30)-day period equal to 1.0% of the purchase price paid by the such Purchaser for its Shares and Warrant Shares pursuant to this Agreement (calculated on a daily pro rata basis for any portion of such thirty (30)-day period prior to the cure of such failure); and for any such thirty (30)-day period (or earlier period if such failure is cured prior to thirty (30) days), such payment shall be made no later than three (3) Business Days following such thirty (30)-day period (or earlier period if such failure is cured prior to thirty (30) days). Notwithstanding the foregoing provisions, in no event shall the amount of Liquidated Damages payable by the Company be obligated to the Purchaser pay any liquidated damages pursuant to this Section 6.5 exceed, to more than one Purchaser in the aggregate, five percent (5.0%) respect of the same Shares or Warrant Shares for the same period of time or in an aggregate amount that exceeds 5.0% of the purchase price paid by the Purchaser Purchasers for the Shares and Warrant Shares pursuant to this Agreement. Such payments shall be made to the Purchaser Purchasers in cash.