Common use of Failure to Timely Deliver; Buy-In Clause in Contracts

Failure to Timely Deliver; Buy-In. If the Company fails to issue and deliver (or cause to be delivered) to Buyer by the Required Delivery Date a certificate representing the Securities so delivered to the Company by Buyer that is free from all restrictive and other legends or credit the balance account of Buyer’s or Buyer’s nominee with DTC for such number of Securities so delivered to the Company, then, in addition to all other remedies available to Buyer, at the sole discretion of Buyer, the Company shall:

Appears in 4 contracts

Samples: Securities Purchase Agreement (Mullen Automotive Inc.), Securities Purchase Agreement (Net Element, Inc.), Securities Purchase Agreement (Skyline Medical Inc.)

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Failure to Timely Deliver; Buy-In. If the Company fails to issue and deliver (or cause to be delivered) to any Buyer by the Required Delivery Date a certificate representing the Securities so delivered to the Company by such Buyer that is free from all restrictive and other legends or credit the balance account of such Buyer’s or Buyer’s nominee with DTC for such number of Securities so delivered to the Company, then, in addition to all other remedies available to such Buyer, at the sole discretion of such Buyer, the Company shall:

Appears in 2 contracts

Samples: Securities Purchase Agreement (NAKED BRAND GROUP LTD), Securities Purchase Agreement (NAKED BRAND GROUP LTD)

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Failure to Timely Deliver; Buy-In. If the Company fails to issue and deliver (or cause to be delivered) to Buyer Holder by the Required Delivery Date a certificate representing the Securities so delivered to the Company by Buyer Holder that is free from all restrictive and other legends or credit the balance account of BuyerHolder’s or BuyerHolder’s nominee with DTC for such number of Securities so delivered to the Company, then, in addition to all other remedies available to BuyerHolder, at the sole discretion of BuyerHolder, the Company shall:

Appears in 1 contract

Samples: Exchange Agreement (Net Element, Inc.)

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