Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 112 contracts
Samples: Convertible Security Agreement (Scienture Holdings, Inc.), Convertible Security Agreement (Incannex Healthcare Inc.), Convertible Security Agreement (Safe & Green Development Corp)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversionconversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeCompany.
Appears in 33 contracts
Samples: Convertible Security Agreement (Thoughtful Media Group Inc.), Convertible Security Agreement (Innovative Payment Solutions, Inc.), Convertible Security Agreement (60 Degrees Pharmaceuticals, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 23 contracts
Samples: Convertible Security Agreement (PSQ Holdings, Inc.), Convertible Security Agreement (PSQ Holdings, Inc.), Convertible Security Agreement (PSQ Holdings, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.
Appears in 18 contracts
Samples: Convertible Security Agreement (NRX Pharmaceuticals, Inc.), Convertible Security Agreement (Allarity Therapeutics, Inc.), Convertible Security Agreement (Allarity Therapeutics, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.
Appears in 13 contracts
Samples: Convertible Security Agreement (Nauticus Robotics, Inc.), Convertible Security Agreement (Enzo Biochem Inc), Convertible Security Agreement (NovaBay Pharmaceuticals, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Preferred Stock certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Opgen Inc), Securities Purchase Agreement (Healthier Choices Management Corp.), Securities Purchase Agreement (Marathon Digital Holdings, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such the Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such the Conversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 11 contracts
Samples: Convertible Senior Secured Promissory Note (Adven Inc.), Securities Purchase Agreement (Adven Inc.), Securities Purchase Agreement (Adven Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Preferred Stock certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 7 contracts
Samples: Subscription Agreement (Optimus Healthcare Services, Inc.), Securities Purchase Agreement (Artificial Intelligence Technology Solutions Inc.), Stock Purchase Agreement (Charge Enterprises, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversionconversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.
Appears in 5 contracts
Samples: Convertible Security Agreement (Innovation1 Biotech Inc.), Convertible Security Agreement (Innovation1 Biotech Inc.), Securities Purchase Agreement (Innovation1 Biotech Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion SharesShares on the Share Delivery Date, to rescind such withdraw its Notice of Conversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 5 contracts
Samples: Securities Purchase Agreement (NextPlat Corp), Securities Purchase Agreement (NextPlat Corp), Securities Purchase Agreement (NextPlat Corp)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the in addition to any other rights available to Holder, Holder shall be entitled to elect elect, by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such the conversion described in the applicable Notice of Conversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the any Conversion Shares issued to such Holder pursuant to in respect of the rescinded Conversion Noticeconversion.
Appears in 4 contracts
Samples: Master Note Purchase Agreement (Acuitas Group Holdings, LLC), Master Note Purchase Agreement (Acuitas Group Holdings, LLC), Senior Secured Note (Ontrak, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Series A Preferred certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Tixfi Inc.), Securities Purchase Agreement (Asta Holdings, Corp.), Merger and Share Exchange Agreement (Asta Holdings, Corp.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share ADS Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 4 contracts
Samples: Convertible Security Agreement (Lion Group Holding LTD), Convertible Security Agreement (Lion Group Holding LTD), Convertible Security Agreement (Lion Group Holding LTD)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such the Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, Shares to rescind such the Conversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares (if any) issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 3 contracts
Samples: Convertible Security Agreement (1847 Holdings LLC), Convertible Security Agreement (1847 Holdings LLC), Senior Secured Convertible Note (Neuraxis, INC)
Failure to Deliver Conversion Shares. If, in the case of any Notice of ConversionConversion Notice, such Conversion Shares are not delivered to or as directed by the applicable Holder holder by the Share Delivery Date, the Holder holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder holder any original Debenture certificate for Preferred Shares delivered to the Company and the Holder holder shall promptly return to the Company the Conversion Shares issued to such Holder holder pursuant to the rescinded Conversion Notice.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Guerrilla RF, Inc.), Securities Purchase Agreement (LENSAR, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversionconversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Preferred Stock certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.
Appears in 2 contracts
Samples: Subscription Agreement (Denali SPAC Holdco, Inc.), Subscription Agreement (Denali Capital Acquisition Corp.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 3rd Trading Day following the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Issuer at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Issuer shall promptly return to the Holder any original Debenture Note delivered to the Company Issuer and the Holder shall promptly return to the Company Issuer the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 2 contracts
Samples: Amendment to Atw Notes and Warrants (Faraday Future Intelligent Electric Inc.), Securities Purchase Agreement (Faraday Future Intelligent Electric Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as reasonably directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversionconversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Preferred Stock certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.
Appears in 2 contracts
Samples: Business Combination Agreement (Inflection Point Acquisition Corp. II), Securities Purchase Agreement (Inflection Point Acquisition Corp. II)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture Series C Preferred certificate delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 2 contracts
Samples: Subscription Agreement (Star Mountain Resources, Inc.), Stock Purchase Agreement (Great Plains Holdings, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Borrower at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Borrower shall promptly return to the Holder any original Debenture Note delivered to the Company Borrower and the Holder shall promptly return to the Company Borrower the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 2 contracts
Samples: Convertible Note (GT Biopharma, Inc.), Convertible Note (GT Biopharma, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or during the period after the Share Delivery Date and before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Purchaser shall promptly return not be deemed to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the beneficially own such Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeShares.
Appears in 2 contracts
Samples: Convertible Security Agreement (GreenBox POS), Convertible Security Agreement (Taronis Fuels, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder Lender by the Share Delivery Date, the Holder such Lender shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder such Lender shall promptly return to the Company the Conversion Shares issued to such Holder Lender pursuant to the rescinded Conversion Notice.
Appears in 2 contracts
Samples: Senior Secured Term Loan Agreement (Nauticus Robotics, Inc.), Senior Secured Term Loan Agreement (Nauticus Robotics, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversionconversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Series A Preferred Stock certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 1 contract
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such the Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 1 contract
Samples: Securities Purchase Agreement (American Resources Corp)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such the Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture Impact Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 1 contract
Samples: Impact Note Purchase Agreement
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to io the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 1 contract
Samples: Convertible Security Agreement (Sigyn Therapeutics, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its the Holder’s receipt of such Conversion Shares, to rescind such Conversionconversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 1 contract
Samples: Convertible Security Agreement (Qualigen Therapeutics, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Preferred Stock certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 1 contract
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.
Appears in 1 contract
Samples: Convertible Security Agreement (Spectrum Global Solutions, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any the original Debenture physical Note (if delivered or surrendered to the Company Company) and the Holder shall promptly return to the Company the Conversion Shares (if issued to such Holder pursuant to the rescinded Conversion Notice).
Appears in 1 contract
Samples: Convertible Promissory Note (Grom Social Enterprises, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Preferred Stock certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.Notice of Conversion. 1 The Class A Unit purchase price
Appears in 1 contract
Samples: Underwriting Agreement (Achieve Life Sciences, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Ordinary Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 1 contract
Samples: Convertible Security Agreement (Jayud Global Logistics LTD)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the any Conversion Shares issued to received by such Holder pursuant to the rescinded Conversion Notice.
Appears in 1 contract
Samples: Securities Amendment Agreement (Emmaus Life Sciences, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture Series D Preferred certificate delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 1 contract
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Series B Preferred Stock certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.
Appears in 1 contract
Samples: Securities Purchase Agreement (Digital Media Solutions, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall Companyshall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 1 contract
Samples: Securities Exchange Agreement (Microbot Medical Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery DateDate as contemplated by Section 4(b)(ii), the Holder shall be entitled to elect by written notice to the Company Borrower at any time on or before its receipt of such Conversion Shares, to rescind such Conversionconversion, in which event the Company Borrower shall promptly return to the Holder any original Debenture Note delivered to the Company Borrower and the Holder shall promptly return to the Company Borrower any portion of the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.
Appears in 1 contract
Samples: Limited Waiver, Deferral and Amendment and Restatement Agreement (Reed's, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the third Trading Day following the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Sharesthe fifth Trading Day following the Share Delivery Date, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 1 contract
Samples: Convertible Security Agreement (Apollo Endosurgery, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Voluntary Conversion, ab initio, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.
Appears in 1 contract
Samples: Securities Purchase Agreement (TLG Acquisition One Corp.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Series A Preferred Stock certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.
Appears in 1 contract
Samples: Securities Purchase Agreement (Digital Media Solutions, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture Preferred Share certificate delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.
Appears in 1 contract
Failure to Deliver Conversion Shares. If, in the case of any Notice of Optional Conversion, such the Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, Shares to rescind such the Conversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares (if any) issued to such Holder pursuant to the rescinded Conversion NoticeOptional Conversion.
Appears in 1 contract
Samples: Convertible Security Agreement (Vitro Biopharma, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture Series C Preferred Stock certificate delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 1 contract
Samples: Securities Purchase Agreement (AzurRx BioPharma, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Conversion pursuant to a Notice of ConversionConversion delivered by the Holder pursuant to Section 4(a)(i), such the applicable Conversion Shares are not delivered to or as directed by the applicable Holder by the applicable Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such the Conversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 1 contract
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 3rd Trading Day following the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 1 contract
Samples: Collateral Agency and Intercreditor Agreement (Property Solutions Acquisition Corp.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversionconversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 1 contract
Samples: Convertible Security Agreement (Qualigen Therapeutics, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the such Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversionconversion, in which event the Company Corporation shall promptly return to the such Holder any original Debenture Preferred Stock certificate delivered to the Company Corporation and the such Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Notice of Conversion Noticeand there shall be no obligation to pay further liquidated damages following such recission.
Appears in 1 contract
Samples: Securities Purchase Agreement (Creek Road Miners, Inc.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion SharesShares and after the Share Delivery Date, to rescind the election of such Conversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Preferred Stock certificate delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeCorporation.
Appears in 1 contract
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such the Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 1 contract
Samples: Convertible Security Agreement (Anavex Life Sciences Corp.)
Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, in addition to any other remedies that may be available to Holder at law or equity, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Series A Preferred certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.
Appears in 1 contract
Samples: Share Exchange Agreement (Sibling Group Holdings, Inc.)
