Common use of Exercise Default Payments Clause in Contracts

Exercise Default Payments. If, at any time, (x) Holder submits a Notice of Exercise and the Corporation fails for any reason (other than because such issuance would exceed Holder's allocated portion of the Reserved Amount or Cap Amount, for which failures Holder shall have the remedies set forth in Articles III and V, respectively) to deliver, on or prior to the fourth business day following the expiration of the Delivery Period for such exercise, such number of freely tradeable shares of Common Stock to which Holder is entitled upon such exercise, or (y) the Corporation provides notice to any holder of Prepaid Warrants (together with all other holders of Prepaid Warrants and the Holder referred to herein, the "Holders") at any time of its intention not to issue freely tradeable shares of Common Stock upon the exercise by any Holder of a Prepaid Warrant in accordance with the terms of the Prepaid Warrants (other than because such issuance would exceed such Holder's allocated portion of the Reserved Amount or Cap Amount) (each of (x) and (y) being an "Exercise Default"), then the Corporation shall pay to Holder, in the case of an Exercise Default described in clause (x) above, and to all Holders, in the case of a Exercise Default described in clause (y) above, an amount equal to:

Exercise Default Payments. If, at any time, (x) Holder submits a Notice of Exercise and the Corporation fails for any reason (other than because such issuance would exceed Holder's allocated portion of the Reserved Amount or Cap Amount, for which failures Holder shall have the remedies set forth in Articles III and V, respectively) to deliver, on or prior to the fourth seventh business day following the expiration of the Delivery Period for such exercise, such number of freely tradeable shares of Common Stock to which Holder is entitled upon such exercise, or (y) the Corporation publicly announces or provides notice to any holder of Prepaid Warrants (together with all other holders of Prepaid Warrants and the Holder referred to herein, the "HoldersHOLDERS") at any time of its intention not to issue freely tradeable shares of Common Stock upon the exercise by any Holder of a Prepaid Warrant in accordance with the terms of the Prepaid Warrants (other than because such issuance would exceed such Holder's allocated portion of the Reserved Amount or Cap Amount) (each of (x) and (y) being an "Exercise DefaultEXERCISE DEFAULT"), then the Corporation shall pay to Holder, in the case of an Exercise Default described in clause (x) above, and to all Holders, in the case of a Exercise Default described in clause (y) above, an amount equal to:

Exercise Default Payments. If, at any time, (x) Holder submits a Notice of Exercise and the Corporation fails for any reason (other than because such issuance would exceed Holder's allocated portion of the Reserved Amount or Cap Amount, for which failures Holder shall have the remedies set forth in Articles III and V, respectively) to deliver, on or prior to the fourth fifth (5th) business day following the expiration of the Delivery Period for such exercise, such number of freely tradeable shares of Common Stock to which Holder is entitled upon such exercise, or (y) the Corporation provides notice to any holder of Prepaid Warrants (together with all other holders of Prepaid Warrants and the Holder referred to herein, the "HoldersHOLDERS") at any time of its intention not to issue freely tradeable shares of Common Stock upon the exercise by any Holder of a Prepaid Warrant in accordance with the terms of the Prepaid Warrants (other than because such issuance would exceed such Holder's allocated portion of the Reserved Amount or Cap Amount) (each of (x) and (y) being an "Exercise DefaultEXERCISE DEFAULT"), then the Corporation shall pay to Holder, in the case of an Exercise Default described in clause (x) above, and to all Holders, in the case of a Exercise Default described in clause (y) above, an amount equal to:

Exercise Default Payments. If, at any time, (x) Holder submits a Notice of Exercise and the Corporation fails for any reason (other than because such issuance would exceed Holder's allocated Holdxx'x xllocated portion of the Reserved Amount or Cap Amount, for which failures Holder shall have the remedies set forth in Articles III and V, respectively) to deliver, on or prior to the fourth fifth (5th) business day following the expiration of the Delivery Period for such exercise, such number of freely tradeable shares of Common Stock to which Holder is entitled upon such exercise, or (y) the Corporation provides notice to any holder of Prepaid Warrants (together with all other holders of Prepaid Warrants and the Holder referred to herein, the "HoldersHOLDERS") at any time of its intention not to issue freely tradeable shares of Common Stock upon the exercise by any Holder of a Prepaid Warrant in accordance with the terms of the Prepaid Warrants (other than because such issuance would exceed such Holder's allocated portion of the Reserved Amount or Cap Amount) (each of (x) and (y) being an "Exercise DefaultEXERCISE DEFAULT"), then the Corporation shall pay to Holder, in the case of an Exercise Default described in clause (x) above, and to all Holders, in the case of a Exercise Default described in clause (y) above, an amount equal to:

Exercise Default Payments. If, at any time, (x) Holder submits a Notice of Exercise and the Corporation fails for any reason (other than because such issuance would exceed Holder's allocated portion of the Reserved Amount or Cap Amount, for which failures Holder shall have the remedies set forth in Articles III and V, respectivelyArticle III) to deliver, on or prior to the fourth business day following the expiration of the Delivery Period for such exercise, such number of freely tradeable shares of Common Stock to which Holder is entitled upon such exercise, or (y) the Corporation provides notice to any holder of Prepaid Warrants (together with all other holders of Prepaid Warrants and the Holder referred to herein, the "HoldersHOLDERS") at any time of its intention not to issue freely tradeable shares of Common Stock upon the exercise by any Holder of a Prepaid Warrant in accordance with the terms of the Prepaid Warrants (other than because such issuance would exceed such Holder's allocated portion of the Reserved Amount or Cap Amount) (each of (x) and (y) being an "Exercise DefaultEXERCISE DEFAULT"), then the Corporation shall pay to Holder, in the case of an Exercise Default described in clause (x) above, and to all Holders, in the case of a Exercise Default described in clause (y) above, an amount equal to: