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

Failure to Obtain or Maintain Effectiveness of Registration Statements. (i) In the event the Company fails for any reason to obtain the effectiveness of any Registration Statement within the time periods set forth in Section 1.1(b) (a "Tardy Registration Statement") or in the event that the Company fails for any reason to maintain the effectiveness of any Registration Statement (or the underlying prospectus) covering Registrable Securities for the time period set forth in Section 1.1(b) (an "Ineffective Registration Statement" together with a Tardy Registration Statement, a "Failed Registration Statement") (unless the Registrable Securities covered by such Registration Statement shall have become freely tradable pursuant to Rule 144(k) of the Securities Act or have been otherwise sold), then, in either event an amount equal to two percent (2.0%) of the aggregate Purchase Price of all of the Registrable Securities covered by any such Failed Registration Statement then held by the Investor for each calendar month and for each portion of a calendar month, pro rata, (the "Failed Registration Statement Fee") during any period of such ineffectiveness (an "Ineffective Period") shall become due and payable to the Investor.

Failure to Obtain or Maintain Effectiveness of Registration Statements. (i) In the event the Company fails for any reason to obtain the effectiveness of any the Registration Statement within the time periods period set forth in Section 1.1(b) (a "Tardy Registration Statement") ), or in the event that the Company fails for any reason to maintain the effectiveness of any the Registration Statement (or the underlying prospectus) covering Registrable Securities for the time period set forth in Section 1.1(b) (an "Ineffective Registration Statement" together with a Tardy Registration Statement, a "Failed Registration Statement") ), (unless the Registrable Securities covered by such Registration Statement shall have become freely tradable pursuant to Rule 144(k) of the Securities Act or have been otherwise sold), ) then, in either event event, an amount equal to two percent (2.0%) of the aggregate Purchase Price purchase price of all of the Registrable Securities covered by any such Failed Registration Statement then held by the Investor for each calendar month and for each portion of a calendar month, pro rata, rata (the "Failed Registration Statement Fee") ), during any period of such ineffectiveness (an "Ineffective Period") ), shall become due and payable to the Investor.

Failure to Obtain or Maintain Effectiveness of Registration Statements. (i) In the event the Company fails for any reason to obtain the effectiveness of any Registration Statement within the time periods set forth in Section 1.1(b) (a "Tardy Registration Statement") or in the event that the Company fails for any reason to maintain the effectiveness of any Registration Statement (or the underlying prospectus) covering Registrable Securities for the time period set forth in Section 1.1(b) (an "Ineffective Registration Statement" together with a Tardy Registration Statement, a "Failed Registration Statement") (unless any of the Registrable Securities covered by such Registration Statement shall have become freely tradable pursuant to Rule 144(k) of 144 under the Securities Act or have been otherwise sold), then, in either event an amount equal to two percent (2.0%) of the aggregate Purchase Price of all of the Registrable Securities covered by any such Failed Registration Statement then held by the Investor for each calendar month and for each portion of a calendar month, pro rata, (the "Failed Registration Statement Fee") during any period of such ineffectiveness or, in the case of the occurrence of an event of the kind described in Section 2.1(g)(iv) hereof, until the Investor shall have received copies of the supplemental or amended prospectus contemplated by Section 2.1(g)(iv) hereof (an "Ineffective Period") ), shall become due and payable to the Investor.