Common use of Failure to Pay Clause in Contracts

Failure to Pay. The Company shall fail to pay (i) when due any principal, or interest payment or other sum on the due date hereunder or (ii) any other payment required under the terms of this Note or any other Transaction Document on the date due and such failure continues for a period of five (5) business days after the due date;

Appears in 5 contracts

Samples: Convertible Subordinated Note Purchase Agreement (MobileSmith, Inc.), Convertible Subordinated Note Purchase Agreement (MobileSmith, Inc.), Convertible Subordinated Note Purchase Agreement (MobileSmith, Inc.)

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Failure to Pay. The Company shall fail to pay when due (i) when due any principal, or interest principal payment or other sum on the due date hereunder or (ii) any interest payment or other payment required under the terms of this Note or any other Transaction Document on the date due due, and such failure continues for a period of five payment shall not have been made within ten (510) business days Business Days after the due date;date due.

Appears in 5 contracts

Samples: Convertible Note Purchase Agreement (Uxin LTD), Convertible Note Purchase Agreement (Uxin LTD), Convertible Note Purchase Agreement (Uxin LTD)

Failure to Pay. The Company shall fail to pay (i) when due any principal, or interest principal payment or other sum on the due date hereunder or (ii) any interest payment or other payment required under the terms of this Note or any other Transaction Document on the date due and such failure continues for a period of payment shall not have been made within five (5) business days after Business Days of the due dateCompany’s receipt of written notice to the Company of such failure to pay;

Appears in 4 contracts

Samples: Convertible Promissory Note Purchase Agreement (500.com LTD), Convertible Promissory Note Purchase Agreement (500.com LTD), Convertible Note Purchase Agreement

Failure to Pay. The Company shall fail to pay (i) when due any principal, or interest principal payment or other sum on the due date hereunder or (ii) any interest payment or other payment required under the terms of this Note or any other Transaction Document on the date due and such failure continues for a period of payment shall not have been made within five (5) business days after Business Days of the due date;Company’s receipt of written notice to the Company of such failure to pay; or

Appears in 3 contracts

Samples: Convertible Promissory Note Purchase Agreement (XL Fleet Corp.), Security Agreement (Impinj Inc), Loyalty Alliance Enterprise Corp

Failure to Pay. The Company shall fail to pay (i) when due any principal, or interest principal payment or other sum on the due date hereunder this Note or (ii) any interest or other payment required under the terms of this Note or any other Transaction Document on the date due and such failure continues for a period within five Business Days of five (5) business days after the its due date;

Appears in 3 contracts

Samples: Term Credit Agreement (American Mobile Satellite Corp), Note Purchase Agreement (American Mobile Satellite Corp), Revolving Credit Agreement (American Mobile Satellite Corp)

Failure to Pay. The Company shall fail to pay (i) when due any principal, or interest principal payment or other sum on the due date hereunder therefor or (ii) any interest payment or other payment required under the terms of this Note or any other Transaction Document on the date due and such payment shall not have been made within five Business Days of the Company’s failure continues for a period of five (5) business days after the due date;to pay; or

Appears in 2 contracts

Samples: Security Agreement (Response Biomedical Corp), Security Agreement (Response Biomedical Corp)

Failure to Pay. The Company shall fail to pay (i) when due any principal, or interest principal payment or other sum on the due date hereunder or (ii) any interest payment or other payment required under the terms of this Note or any other Transaction Document the Security Agreement (as defined below) on the date due and such failure continues for a period of payment shall not have been made within five (5) business days after following the due date;date when due.

Appears in 2 contracts

Samples: Promissory Note Purchase Agreement, Subordination Agreement (Lectec Corp /Mn/)

Failure to Pay. The Company shall fail to pay (i) when due any principal, or interest principal payment or other sum on the due date hereunder this Note or (ii) any interest or other payment required under the terms of this Note or any other Transaction Document on the date due and such failure continues for a period within five Business Days of five (5) business days after the its due date;; or

Appears in 2 contracts

Samples: Note Purchase Agreement (Satcon Technology Corp), Note and Warrant Purchase Agreement (Satcon Technology Corp)

Failure to Pay. The Company shall fail to pay (i) when due any principal, or interest principal payment or other sum on the due date hereunder or (ii) any interest payment or other payment required under the terms of this Note or any other Transaction Document Agreement on the date due and for such failure continues for a period of five (5) payment, provided that the Company does not fully remedy any such nonpayment or underpayment within ten business days after the due datedate for the payment;

Appears in 2 contracts

Samples: Convertible Loan Agreement (XBiotech Inc.), Convertible Loan Agreement (XBiotech Inc.)

Failure to Pay. The Company shall fail fails to pay (i) when due any principal, or interest payment amounts when due or other sum on the due date hereunder or (ii) fees hereon in accordance herewith, when due, and, in any other payment required under the terms of this Note or any other Transaction Document on the date due and such case, such failure continues shall continue for a period of five (5) business days after following the due date;date upon which any such payment was due.

Appears in 2 contracts

Samples: Solar Thin Films, Inc., Solar Thin Films, Inc.

Failure to Pay. The Company shall fail to pay (i) when due due, any principal, or interest principal payment or other sum on the due date hereunder or (ii) any interest payment or other payment required under the terms of this Note or any other Transaction Document on the date due and such failure continues for a period of payment shall not have been made within five (5) business days after Business Days of the due dateCompany's receipt of written notice to the Company of such failure to pay;

Appears in 1 contract

Samples: Loan Agreement (Genesis Financial Inc)

Failure to Pay. The If Company shall fail to pay (i) any payment when due due, and any principal, or interest payment or other sum on the due date hereunder or (ii) any other payment required under the terms of this Note or any other Transaction Document on the date due and such failure continues for a period of payment shall not have been made within five (5) business days after of the due date;; or

Appears in 1 contract

Samples: Loan Agreement (Us Farms, Inc.)

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Failure to Pay. The Company shall fail to pay (i) when due any principal, principal or interest payment or other sum on the due date hereunder or (ii) any other payment required under the terms of this Note or any other Transaction Document on the date due and such failure continues for a period of payment shall not have been made within five (5) business days after the of such due date;

Appears in 1 contract

Samples: Biodiesel Purchase Agreement (Imperium Renewables Inc)

Failure to Pay. The Company shall fail to pay (i) when due any principal, or interest principal payment or other sum on the due date hereunder or (ii) any interest or other payment required under the terms of this Note or any other Transaction Document on the date due and such failure continues for a period of five (5) business days after the due date;days; or

Appears in 1 contract

Samples: Exchange Agreement (Entravision Communications Corp)

Failure to Pay. The Company shall fail to pay (i) when due any principal, or interest principal payment or other sum on the due date hereunder or (ii) any interest payment or other payment required under the terms of this Note or any other Transaction Document on the date due and such failure continues for a period payment shall not have been made within three (3) Business Days of five (5) business days after the due date;date thereof; or

Appears in 1 contract

Samples: Security Agreement (Endostim, Inc.)

Failure to Pay. The Company shall fail fails to pay (i) when due any principal, or interest principal payment or other sum on the due date hereunder or (ii) any interest payment or other payment required under the terms of this Note or any other Transaction Document on the date due and such payment has not been made within five Business Days of the Company’s receipt of written notice to the Company of such failure continues for a period of five (5) business days after the due dateto pay;

Appears in 1 contract

Samples: Jones Soda Co

Failure to Pay. The Company shall fail to pay (i) when due any principal, or interest principal payment or other sum on the due date hereunder or (ii) any interest payment or other payment required under the terms of this Note or any other Transaction Document on the date due and such failure continues for a period of five payment shall not have been made within ten (510) business days after the due date;; or

Appears in 1 contract

Samples: Quepasa Corp

Failure to Pay. The Company or any of its subsidiaries shall fail to pay (i) when due any principal, principal or interest payment or other sum on the due date hereunder or (ii) any other payment required under the terms of this Note or any other Transaction Document on the date due and such failure continues for a period of five payment shall not have been made within three (53) business days after the due date;of such failure to pay; or

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Brekford Corp.)

Failure to Pay. The Company shall fail fails to pay (i) when due any principal, or interest principal payment or other sum on the due date hereunder or (ii) any Default Interest payment or other payment required under the terms of this Note Bond or any other Transaction Document on the date due and such failure continues for a period of payment shall not have been made within five (5) business days after of the due dateCompany’s receipt of written notice to the Company of such failure to pay;

Appears in 1 contract

Samples: Convertible Bonds Subscription Agreement (20/20 GeneSystems, Inc.)

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