Common use of Delayed Delivery Fee Clause in Contracts

Delayed Delivery Fee. If the closing of the purchase and sale of any Accepted Note is delayed for any reason, except as a result of a failure by the Purchaser thereof to fund the purchase price of such Accepted Notes when obligated to do so under the terms of this Agreement, beyond the original Closing Day for such Accepted Note, the Company will pay to each Purchaser which shall have agreed to purchase such Accepted Note (a) on the Cancellation Date or actual closing date of such purchase and sale and (b) if earlier, the next Business Day following 90 days after the Acceptance Day for such Accepted Note and on each Business Day following 90 days after the prior payment hereunder, a fee (herein called the “Delayed Delivery Fee”) calculated as follows:

Delayed Delivery Fee. If the closing of the purchase and sale of any Accepted Note is delayed for any reason, except as a result for the sole reason of a failure by the a Purchaser thereof to fund the purchase price of for such Accepted Notes Note when obligated to do so the Company has satisfied all conditions under the terms Section 4 of this AgreementAgreement on the original Closing Day for such Accepted Note, beyond the original Closing Day for such Accepted Note, the Company will pay to each Purchaser which shall have agreed to purchase such Accepted Note on (a) on the Cancellation Date or actual closing date of such purchase and sale and (b) if earlier, the next Business Day following 90 days after the Acceptance Day for such Accepted Note and on each Business Day following 90 days after the prior payment hereunder, a fee (herein called the “Delayed Delivery Fee”) calculated as follows:

Delayed Delivery Fee. If the closing of the purchase and sale of any Accepted Note is delayed for any reason, except as a result of a failure by the Purchaser thereof to fund the purchase price of such Accepted Notes when obligated to do so under the terms of this Agreement, reason beyond the original Closing Day for such Accepted NoteNote (other than the failure of a Purchaser to fund the purchase of an Accepted Note after all conditions to closing specified in paragraph 3 have been timely satisfied), the Company Issuer will pay to each the Purchaser which shall have agreed to purchase such Accepted Note (a) on the Cancellation Date or actual closing date of such purchase and sale and (b) if earlier, the next Business Day following 90 days after the Acceptance Day for such Accepted Note and on each Business Day following 90 days after the prior payment hereunder, a fee (herein called the “"Delayed Delivery Fee”") calculated as follows: