Common use of Failure to Maintain Effectiveness of Registration Statements Clause in Contracts

Failure to Maintain Effectiveness of Registration Statements. Subsequent to the initial effectiveness of a Registration Statement, in the event the Company fails to maintain the effectiveness of a Registration Statement (or the underlying prospectus) throughout the period set forth in Section 4.2, and the Investor holds any Registrable Securities at any time during the period of such ineffectiveness (an "Ineffective Period"), the Company shall pay to the Investor, in immediately available funds into accounts designated by the Investor, an amount equal to one percent (1%) of the aggregate purchase price of such Registrable Securities which are issued and payable to the Investor and aggregate Purchase Price (as defined in the Warrant) of the Warrant Shares (payable proportionately to the Investor of all of the Registrable Securities then held by the Investor for each seven-calendar-day period (or portion thereof) of an Ineffective Period. Such payments shall be made on the first Trading Day after the earliest to occur of (i) the expiration of the Commitment Period, (ii) the expiration of an Ineffective Period, (iii) the expiration of the first twenty-eight calendar days of an Ineffective Period and (iv) the expiration of each additional twenty-eight calendar-day periods during an Ineffective Period.

Failure to Maintain Effectiveness of Registration Statements. Subsequent to the initial effectiveness of a Registration Statement, in In ------------------------------------------------------------ the event the Company fails to maintain the effectiveness of a Registration Statement (or the underlying prospectus) throughout the period set forth in Section 4.2, other than temporary suspensions as set forth in Section 1.1(f), and the Investor holds any Registrable Securities at any time during the period of such ineffectiveness (an "Ineffective Period"), the Company shall pay to the Investor, Investor in immediately available funds into accounts an account designated by the Investor, Investor an amount equal to one half of one percent (10.5%) of the aggregate purchase price of such Registrable Securities which are issued and payable to the Investor and aggregate Purchase Price (as defined in the Warrant) of the Warrant Shares (payable proportionately to the Investor of all of the Registrable Securities then held by the Investor for the each of the first four seven-calendar-day period periods (or portion thereof) of an Ineffective Period and one percent (1.0%) of such aggregate Purchase Price for each subsequent seven-calendar-day periods (or pro rata portion thereof) of such Ineffective Period. Such amounts shall not be payable with respect to suspensions of the effectiveness of a Registration Statement (or use of the underlying prospectus), in accordance with Section 1.1(f). Such payments shall be made on the first Trading Day after the earliest to occur of (i) the expiration of the Commitment Period, (ii) the expiration of an Ineffective Period, (iii) the expiration of the first twenty-eight (28) calendar days of an Ineffective Period and (iv) the expiration of each additional twenty-eight calendar-day periods period during an Ineffective Period.

Failure to Maintain Effectiveness of Registration Statements. Subsequent to the initial effectiveness of a Registration Statement, in In the event the Company Sonic Solutions fails to maintain the effectiveness of a Registration Statement (or the underlying prospectus) throughout the period set forth in Section 4.2, other than temporary suspensions as set forth in Section 1.1(f), and the Investor holds any Registrable Securities at any time during the period of such ineffectiveness (an "Ineffective Period"), the Company Sonic Solutions shall pay to the Investor, Investor in immediately available funds into accounts an account designated by the Investor, Investor an amount equal to one half of one percent (10.5%) of the aggregate purchase price of such Registrable Securities which are issued and payable to the Investor and aggregate Purchase Price (as defined in the Warrant) of the Warrant Shares (payable proportionately to the Investor of all of the Registrable Securities then held by the Investor for the each of the first four seven-calendar-day period periods (or portion thereof) of an Ineffective Period and one percent (1.0%) of such aggregate Purchase Price for each subsequent seven-calendar-day periods (or pro rata portion thereof) of such Ineffective Period. Such amounts shall not be payable with respect to suspensions of the effectiveness of a Registration Statement (or use of the underlying prospectus), in accordance with Section 1.1(f). Such payments shall be made on the first Trading Day after the earliest to occur of (i) the expiration of the Commitment Period, (ii) the expiration of an Ineffective Period, (iii) the expiration of the first twenty-eight (28) calendar days of an Ineffective Period and (iv) the expiration of each additional twenty-twenty- eight calendar-day periods period during an Ineffective Period.

Failure to Maintain Effectiveness of Registration Statements. Subsequent to the initial effectiveness of a Registration Statement, in In the event the Company fails to obtain or maintain the effectiveness of a Registration Statement (or the underlying prospectus) throughout the period set forth in Section 4.2, and the Investor holds any Registrable Securities at any time during the period of such ineffectiveness (an "Ineffective Period"), the Company shall pay to the Investor, Investor and Warrant Recipient in immediately available funds into accounts an account designated by the Investor, Investor or Warrant Recipient an amount equal to one half of one percent (10.5%) of the aggregate purchase price of such Registrable Securities which are issued and issuable (payable to the Investor Investor) and aggregate Purchase Price (as defined in the Warrant) of the Warrant Shares (payable proportionately to the Investor Warrant Recipient) of all of the Registrable Securities then held by the Investor and Warrant Recipient for each of the first four seven-calendar-day period periods (or portion thereof) of an Ineffective Period and one percent (1.0%) for each subsequent seven-calendar-day periods (or portion thereof) of such Ineffective Period. Such payments shall be made on the first Trading Day after the earliest to occur of (i) the expiration of the Commitment Period, (ii) the expiration of an Ineffective Period, (iii) the expiration of the first twenty-eight calendar days of an Ineffective Period and (iv) the expiration of each additional twenty-eight calendar-day periods period during an Ineffective Period.

Failure to Maintain Effectiveness of Registration Statements. Subsequent to the initial effectiveness of a Registration Statement, in In the event the Company fails to maintain the effectiveness of a Registration Statement (or the underlying prospectus) throughout the period set forth in Section 4.2, and the Investor holds any Registrable Securities at any time during the period of such ineffectiveness (an "Ineffective Period"), the Company shall pay to the Investor, Investor in immediately available funds into accounts an account designated by the Investor, Investor an amount equal to one half of one percent (10.5%) of the aggregate purchase price of such Registrable Securities which are issued and payable to the Investor issuable and aggregate Purchase Price (as defined in the Warrant) of the Warrant Shares (payable proportionately to the Investor of all of the Registrable Securities then held by the Investor for each of the first four seven-calendar-day period periods (or portion thereof) of an Ineffective Period and one percent (1.0%) for each subsequent seven-calendar-day periods (or portion thereof) of such Ineffective Period. Such payments shall be made on the first Trading Day after the earliest to occur of (i) the expiration of the Commitment Period, (ii) the expiration of an Ineffective Period, (iii) the expiration of the first twenty-eight calendar days of an Ineffective Period and (iv) the expiration of each additional twenty-eight calendar-day periods period during an Ineffective Period.

Failure to Maintain Effectiveness of Registration Statements. Subsequent to the initial effectiveness of a Registration Statement, in In the event the Company fails to maintain the effectiveness of a Registration Statement (or the underlying prospectus) throughout the period set forth in Section 4.2, other than temporary suspensions as set forth in Section 1.1(f), and the Investor holds any Registrable Securities at any time during the period of such ineffectiveness (an "Ineffective Period"), the Company shall pay to the Investor, Investor in immediately available funds into accounts an account designated by the Investor, Investor an amount equal to one half of one percent (10.5%) of the aggregate purchase price of such Registrable Securities which are issued and payable to the Investor and aggregate Purchase Price (as defined in the Warrant) of the Warrant Shares (payable proportionately to the Investor of all of the Registrable Securities then held by the Investor for the each of the first four seven-calendar-day period periods (or portion thereof) of an Ineffective Period and one percent (1.0%) of such aggregate Purchase Price for each subsequent seven-calendar-day periods (or portion thereof) of such Ineffective Period. Such amounts shall not be payable with respect to suspensions of the effectiveness of a Registration Statement (or use of the underlying prospectus), in accordance with Section 1.1(f). Such payments shall be made on the first Trading Day after the earliest to occur of (i) the expiration of the Commitment Period, (ii) the expiration of an Ineffective ineffective Period, (iii) the expiration of the first twenty-eight calendar days of an Ineffective Period and (iv) the expiration of each additional twenty-eight calendar-day periods period during an Ineffective Period.

Failure to Maintain Effectiveness of Registration Statements. Subsequent to the initial effectiveness of a Registration Statement, in In the event the Company fails to maintain the effectiveness of a Registration Statement (or the underlying prospectus) throughout the period set forth in Section 4.2, and the Investor holds any Registrable Securities at any time during the period of such ineffectiveness (an "Ineffective Period"), the Company shall pay to the Investor, Investor and Finder in immediately available funds into accounts an account designated by the Investor, Investor or Finder an amount equal to one half of one percent (10.5%) of the aggregate purchase price of such Registrable Securities which are issued and Purchase Price (payable to the Investor Investor) and aggregate Purchase Price (as defined in the Warrant) purchase price of the Warrant Shares (payable proportionately to the Investor Finder) of all of the Registrable Securities then held by the Investor and Finder for the each of the first four seven-calendar-calendar- day period periods (or portion thereof) of an Ineffective Period and one percent (1.0%) of such aggregate Purchase Price or each subsequent seven-calendar-day periods (or portion thereof) of such Ineffective Period. Such payments shall be made on the first Trading Day after the earliest to occur of (i) the expiration of the Commitment Period, (ii) the expiration of an Ineffective Period, (iii) the expiration of the first twenty-eight calendar days of an Ineffective Period and (iv) the expiration of each additional twenty-eight calendar-day periods period during an Ineffective Period.

Failure to Maintain Effectiveness of Registration Statements. Subsequent to the initial effectiveness of a Registration Statement, in In the event the Company fails to maintain the effectiveness of a Registration Statement (or the underlying prospectus) throughout the period set forth in Section 4.2, other than temporary suspensions as set forth in Section 1.1(f), and the Investor holds any Registrable Securities at any time during the period of such ineffectiveness (an "Ineffective Period"), the Company shall pay to the Investor, Investor in immediately available funds into accounts an account designated by the Investor, Investor an amount equal to one half of one percent (10.5%) of the aggregate purchase price of such Registrable Securities which are issued and payable to the Investor and aggregate Purchase Price (as defined in the Warrant) of the Warrant Shares (payable proportionately to the Investor of all of the Registrable Securities then held by the Investor for the each of the first four seven-calendar-day period periods (or portion thereof) of an Ineffective Period and one percent (1.0%) of such aggregate Purchase Price for each subsequent seven-calendar-day periods (or portion thereof) of such Ineffective Period. Such amounts shall not be payable with respect to suspensions of the effectiveness of a Registration Statement (or use of the underlying prospectus), in accordance with Section 1.1(f). Such payments shall be made on the first Trading Day after the earliest to occur of (i) the expiration of the Commitment Period, (ii) the expiration of an Ineffective Period, (iii) the expiration of the first twenty-eight calendar days of an Ineffective Period and (iv) the expiration of each additional twenty-eight calendar-day periods period during an Ineffective Period.

Failure to Maintain Effectiveness of Registration Statements. Subsequent to the initial effectiveness of a Registration Statement, in In the event the Company fails to maintain the effectiveness of a Registration Statement (or the underlying prospectus) throughout the period set forth in Section 4.2, other than temporary suspensions as set forth in Section 1.1(f), and the Investor holds any Registrable Securities at any time during the period of such ineffectiveness (an "Ineffective Period"), the Company shall pay to the Investor, Investor in immediately available funds into accounts an account designated by the Investor, Investor an amount equal to one half of one percent (10.5%) of the aggregate purchase price of such Registrable Securities which are issued and payable to the Investor and aggregate Purchase Price (as defined in the Warrant) of the Warrant Shares (payable proportionately to the Investor of all of the Registrable Securities then held by the Investor for the each of the first four seven-calendar-day period periods (or portion thereof) of an Ineffective Period and one percent (1.0%) of such aggregate Purchase Price for each subsequent seven-calendar-day periods (or pro rata portion thereof) of such Ineffective Period. Such amounts shall not be payable with respect to suspensions of the effectiveness of a Registration Statement (or use of the underlying prospectus), in accordance with Section 1.1(f). Such payments shall be made on the first Trading Day after the earliest to occur of (i) the expiration of the Commitment Period, (ii) the expiration of an Ineffective Period, (iii) the expiration of the first twenty-eight (28) calendar days of an Ineffective Period and (iv) the expiration of each additional twenty-eight calendar-day periods period during an Ineffective Period.

Failure to Maintain Effectiveness of Registration Statements. Subsequent to the initial effectiveness of a Registration Statement, in In the event the Company fails to maintain the effectiveness of a Registration Statement (or the underlying prospectus) throughout the period set forth in Section 4.2, and the Investor holds any Registrable Securities at any time during the period of such ineffectiveness (an "Ineffective Period"), the Company shall pay to the Investor, Investor and Finder in immediately available funds into accounts an account designated by the Investor, Investor or Finder an amount equal to one half of one percent (10.5%) of the aggregate purchase price of such Registrable Securities which are issued and Purchase Price (payable to the Investor Investor) and aggregate Purchase Price (as defined in the Warrant) of the Warrant Shares (payable proportionately to the Investor Finder) of all of the Registrable Securities then held by the Investor and Finder for the each of the first four seven-calendar-day period periods (or portion thereof) of an Ineffective Period and one percent (1.0%) of such aggregate Purchase Price or each subsequent seven-calendar-day periods (or portion thereof) of such Ineffective Period. Such payments shall be made on the first Trading Day after the earliest to occur of (i) the expiration of the Commitment Period, (ii) the expiration of an Ineffective Period, (iii) the expiration of the first twenty-eight calendar days of an Ineffective Period and (iv) the expiration of each additional twenty-eight calendar-day periods period during an Ineffective Period.

Failure to Maintain Effectiveness of Registration Statements. Subsequent to the initial effectiveness of a Registration Statement, in In the event the Company fails to maintain the effectiveness of a Registration Statement (or the underlying prospectus) throughout the period set forth in Section 4.2, and the Investor holds any Registrable Securities at any time during the period of such ineffectiveness (an "Ineffective Period"), the Company shall pay to the Investor, Investor and Warrant Recipient in immediately available funds into accounts an account designated by the Investor, Investor or Warrant Recipient an amount equal to one half of one percent (10.5%) of the aggregate purchase price of such Registrable Securities which are issued and issuable (payable to the Investor Investor) and aggregate Purchase Price (as defined in the Warrant) of the Warrant Shares (payable proportionately to the Investor Warrant Recipient) of all of the Registrable Securities then held by the Investor and Warrant Recipient for each of the first four seven-calendar-day period periods (or portion thereof) of an Ineffective Period and one percent (1.0%) for each subsequent seven-calendar-day periods (or portion thereof) of such Ineffective Period. Such payments shall be made on the first Trading Day after the earliest to occur of (i) the expiration of the Commitment Period, (ii) the expiration of an Ineffective Period, (iii) the expiration of the first twenty-eight calendar days of an Ineffective Period and (iv) the expiration of each additional twenty-eight calendar-day periods period during an Ineffective Period.

Failure to Maintain Effectiveness of Registration Statements. Subsequent to the initial effectiveness of a the Registration Statement, in the event the Company fails to maintain the effectiveness of a Registration Statement (or the underlying prospectus) throughout the period set forth in Section 4.2, and the Investor holds any Registrable Securities at any time during the period of such ineffectiveness (an "Ineffective Period"), the Company shall pay to the Investor, Investor in immediately available funds into accounts an account designated by the Investor, Investor an amount equal to one half of one percent (10.5%) of the aggregate purchase price of such Registrable Securities which are issued and or issuable (payable to the Investor and aggregate Purchase Price (as defined in the WarrantInvestor) of the Warrant Shares (payable proportionately to the Investor of all of the Registrable Securities then held by the Investor for each of the first four seven-calendar-day period periods (or portion thereof) of an Ineffective Period and one percent (1.0%) for each subsequent seven-calendar-day periods (or portions thereof) of such Ineffective Period. Such payments shall be made on the first Trading Day after the earliest to occur of (i) the expiration of the Commitment Period, (ii) the expiration of an Ineffective Period, (iii) the expiration of the first twenty-eight calendar days of an Ineffective Period and (iv) the expiration of each additional twenty-eight calendar-day periods period during an Ineffective Period.