Common use of Failure to Deliver Certificates for Warrant Shares upon Exercise Clause in Contracts

Failure to Deliver Certificates for Warrant Shares upon Exercise. If the Company or its Transfer Agent shall fail for any reason or for no reason to issue to the Holder, within ten (10) days of receipt of the Exercise Agreement (including payment of the full amount of the Exercise Price for that portion of this Warrant exercised as specified in such Exercise Agreement, whether in cash or by way of cashless exercise, if permitted by Section 1(b)), a certificate for the number of Warrant Shares to which the Holder is entitled or to credit the Holder’s balance account with The Depository Trust Company for such number of Warrant Shares to which the Holder is entitled upon the Holder’s exercise of this Warrant, the Company shall, in addition to any other remedies under this Warrant or otherwise available to such Holder, pay as additional damages in cash to such Holder on each day the issuance of such certificate for Warrant Shares is not timely effected an amount equal to 0.025% of the product of (A) the sum of the number of Warrant Shares not issued to the Holder on a timely basis and to which the Holder is entitled, and (B) the Market Price of the Common Stock for the trading day immediately preceding the last possible date which the Company could have issued such Common Stock to the Holder without violating this Section 1.

Failure to Deliver Certificates for Warrant Shares upon Exercise. If the Company or its Transfer Agent shall fail for any reason or for no reason to issue to the Holder, within ten (10) days of receipt of the Exercise Agreement (including payment of the full amount of the Exercise Price for that portion of this Warrant exercised as specified in such Exercise Agreement, whether in cash or by way of cashless exercise, if permitted by Section 1(b)), a certificate for the number of Warrant Shares to which the Holder is entitled or to credit the Holder’s balance account with The Depository Trust Company for such number of Warrant Shares to which the Holder is entitled upon the Holder’s exercise of this Warrant, the Company shall, in addition to any other remedies under this Warrant or the Investor Rights Agreement or otherwise available to such Holder, pay as additional damages in cash to such Holder on each day the issuance of such certificate for Warrant Shares is not timely effected an amount equal to 0.025% of the product of (A) the sum of the number of Warrant Shares not issued to the Holder on a timely basis and to which the Holder is entitled, and (B) the Market Price of the Common Stock for the trading day immediately preceding the last possible date which the Company could have issued such Common Stock to the Holder without violating this Section 1.

Failure to Deliver Certificates for Warrant Shares upon Exercise. If the Company or its Transfer Agent shall fail for any reason or for no reason to issue to the Holder, within ten (10) days of receipt of the Exercise Agreement (including payment of the full amount of the Exercise Price for that portion of this Warrant exercised as specified in such Exercise Agreement, whether in cash or by way of cashless exercise, if permitted by Section 1(b)), a certificate for the number of Warrant Shares to which the Holder is entitled or to credit the Holder’s 's balance account with The Depository Trust Company for such number of Warrant Shares to which the Holder is entitled upon the Holder’s 's exercise of this Warrant, the Company shall, in addition to any other remedies under this Warrant or the Investor Rights Agreement or otherwise available to such Holder, pay as additional damages in cash to such Holder on each day the issuance of such certificate for Warrant Shares is not timely effected an amount equal to 0.025% of the product of (A) the sum of the number of Warrant Shares not issued to the Holder on a timely basis and to which the Holder is entitled, and (B) the Market Price of the Common Stock for the trading day immediately preceding the last possible date which the Company could have issued such Common Stock to the Holder without violating this Section 1.