Common use of Failure to File Registration Statement Clause in Contracts

Failure to File Registration Statement. The Company and the Purchasers agree that the Holders will suffer damages if the Registration Statement is not filed on or prior to the Filing Date. The Company and the Holders further agree that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, if the Registration Statement is not filed on or prior to the Filing Date (any such failure or breach being referred to as an "Event," and the date on which such Event occurs, being referred to as "Event Date"), the Company shall pay an amount as liquidated damages to each Holder, payable in cash equal to .025% for each day of the Holder's initial investment in the Shares from the Event Date until the Event is cured.

Failure to File Registration Statement. The Company and the Purchasers agree that the Holders will suffer damages if the Registration Statement is not filed on or prior to the Filing Date. The Company and the Holders further agree that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, if the Registration Statement is not filed on or prior to the Filing Date (any such failure or breach being referred to as an "“Event," ” and the date on which such Event occurs, being referred to as "“Event Date"”), the Company shall pay an amount as liquidated damages to each Holder, payable in cash equal to .025% for each day of the Holder's ’s initial investment in the Shares Notes and/or Option Notes from the Event Date until the Event is cured.