Common use of Failure to Deliver Common Stock or Replacement Note Clause in Contracts

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two (2) business days or (ii) to deliver a replacement Note to Holder within seven (7) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 47 contracts

Samples: Securities Purchase Agreement (Petrol Oil & Gas Inc), Securities Purchase Agreement (American Water Star Inc), Subordination Agreement (Bio Key International Inc)

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Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two five (25) business days or (ii) to deliver a replacement Note to Holder within seven ten (710) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 6 contracts

Samples: Synergy Brands Inc, Synergy Brands Inc, Synergy Brands Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower Company shall fail (i) to timely deliver Common Stock to the Holder Purchaser pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two (2) business days or (ii) to deliver a replacement Note to Holder Purchaser within seven (7) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 3 contracts

Samples: Securities Purchase Agreement (It&e International Group), Omnibus Amendment (It&e International Group), It&e International Group

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, Note if such failure to timely deliver Common Stock shall not be cured within two (2) business days or (ii) to deliver a replacement Note to Holder within seven (7) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 3 contracts

Samples: Trimedia Entertainment Group Inc, Trimedia Entertainment Group Inc, Trimedia Entertainment Group Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two (2) business days or (ii) to deliver a replacement Note to Holder within seven ten (710) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 3 contracts

Samples: Axtive Corp, Certified Services Inc, Fast Eddie Racing Stables Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two ten (210) business days or (ii) to deliver a replacement Note to Holder within seven ten (710) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 2 contracts

Samples: Elinear Inc, Elinear Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, Note if such failure to timely deliver Common Stock shall not be cured within two seven (27) business days or (ii) to deliver a replacement Note to Holder within seven (7) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 2 contracts

Samples: Andina Gold Corp., Andina Gold Corp.

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two three (23) business days or (ii) to deliver a replacement Note to Holder within seven (7) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 2 contracts

Samples: Creative Vistas Inc, Creative Vistas Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) Borrower's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Securities Purchase Agreement, or if required, a replacement Note if such failure to timely deliver Common Stock shall not be cured within two three (23) business days or (ii) such failure to deliver a replacement Note to Holder is not cured within seven (7) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements)days.

Appears in 2 contracts

Samples: Ventures National Inc, Ventures National Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two (2) business days or (ii) to deliver a replacement Note to Holder within seven (7) business days following receipt by Borrower of notice from Holder of the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 2 contracts

Samples: Pacific Biometrics Inc, Pacific Biometrics Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two (2three(3) business days not withstanding a failure of the Stock Transfer Agent to comply with the requested issuance or (ii) to deliver a replacement Note to Holder within seven (7) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 2 contracts

Samples: Powercold Corp, Powercold Corp

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, Note and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two (2) business days or (ii) to deliver a replacement Note to Holder within seven (7) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 2 contracts

Samples: Elec Communications Corp, Elec Communications Corp

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two three (23) business days or (ii) to deliver a replacement Note to Holder within seven fourteen (714) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 1 contract

Samples: Catalyst Lighting Group Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) Borrower’s failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two (2) business days or (ii) Business Days after written notice. If Borrower is required to deliver issue a replacement Note to Holder and Borrower shall fail to deliver such replacement Note within seven (7) business days following Business Days after receipt of a written request from the required date of such issuance pursuant Purchaser to this replace the Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 1 contract

Samples: Time America Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower ------------------------------------------------------- shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two (2) business days or (ii) to deliver a replacement Note to Holder within seven (7) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 1 contract

Samples: Sequiam Corp

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two (2) business days or (ii) to deliver a replacement Note to Holder within seven (7) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 1 contract

Samples: Perfisans Holdings Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) Borrower's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two (2) business days or (ii) after written notice. If Borrower is required to deliver issue a replacement Note to Holder and Borrower shall fail to deliver such replacement Note within seven (7) business days following Business Days after receipt of a request from the required date of such issuance pursuant Purchaser to this replace the Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 1 contract

Samples: United Energy Corp /Nv/

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Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement or any Related Agreement, if such failure to timely deliver Common Stock shall not be cured within two five (25) business days or (ii) to deliver a replacement Note to the Holder within seven (7) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 1 contract

Samples: Tm Bioscience Corp

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver certificates for shares of Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver certificates for shares of Common Stock shall not be cured within two (2) business days or (ii) to deliver a replacement Note to Holder within seven (7) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 1 contract

Samples: Cardiogenesis Corp /Ca

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two (2) business days days, or (ii) if Borrower shall be required to deliver issue a replacement Note to Holder and Borrower shall fail to deliver such replacement Note within seven (7) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 1 contract

Samples: Adstar Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Term Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two (2) business days or (ii) to deliver a replacement Note to the Holder within seven (7) business days following the required date of such issuance pursuant to this Term Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 1 contract

Samples: Corgenix Medical Corp/Co

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) Borrower's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two (2) business days or (ii) days. If Borrower is required to deliver issue a replacement Note to Holder and Borrower shall fail to deliver such replacement Note within seven (7) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 1 contract

Samples: Global Payment Technologies Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder Holders pursuant to and in the form required by this Term Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two (2) business days or (ii) to deliver a replacement Note to Holder the Holders within seven (7) business days following the required date of such issuance pursuant to this Term Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 1 contract

Samples: Corgenix Medical Corp/Co

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two three (23) business days or (ii) to deliver a replacement Note to Holder within seven ten (710) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 1 contract

Samples: Perfisans Holdings Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two five (25) business days or (ii) to deliver a replacement Note to Holder within seven (7) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 1 contract

Samples: Magic Lantern Group Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two (2) business days or (ii) days. If the Borrower shall be required to deliver issue a replacement Note to the Holder and the Borrower shall fail to deliver such replacement Note within seven (7) business days following of the required date of such issuance pursuant to this request for the replacement Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 1 contract

Samples: Smartserv Online Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, Note and Section 9 of the Purchase Agreement, if such failure to timely deliver Common Stock shall not be cured within two (2) business days of receipt by the Borrower of written notice thereof by the Holder or (ii) to deliver a replacement Note to Holder within seven ten (710) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 1 contract

Samples: Front Porch Digital Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower shall fail (i) to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Purchase Agreement, Note if such failure to timely deliver Common Stock shall not be cured within two (2) business days or (ii) to deliver a replacement Note to Holder within seven (7) business days following the required date of such issuance pursuant to this Note, the Purchase Agreement or any Related Agreement (to the extent required under such agreements).

Appears in 1 contract

Samples: Cryomass Technologies, Inc.

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