Hardship. In the event the Investor sells the Company's Common Stock pursuant to subsection (c) above and the Company fails to perform its obligations as mandated in Section 2.5 and 2.2 (c), and specifically fails to provide the Investor with the shares of Common Stock for the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 127 contracts
Samples: Standby Equity Distribution Agreement (Eyi Industries Inc), Equity Line of Credit Agreement (Smartire Systems Inc), Equity Line of Credit Agreement (Smartire Systems Inc)
Hardship. In the event the Investor sells the Company's ’s Common Stock pursuant to subsection (c) above and the Company fails to perform its obligations as mandated in Section 2.5 and 2.2 (c), and specifically fails to provide the Investor with the shares of Common Stock for the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 8 contracts
Samples: Standby Equity Distribution Agreement (TXP Corp), Standby Equity Distribution Agreement (Knobias, Inc.), Standby Equity Distribution Agreement (Consortium Service Management Group Inc)
Hardship. In the event the Investor sells the Company's Common Stock pursuant to subsection (ca) above and the Company fails to perform its obligations as mandated in Section 2.5 and 2.2 (cd), and specifically fails to provide the Investor with the shares of Common Stock for the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 4 contracts
Samples: Equity Line of Credit Agreement (Newtech Brake Corp), Equity Line of Credit Agreement (Internet Vip Inc), Equity Line of Credit Agreement (Newtech Brake Corp)
Hardship. In the event the Investor sells the Company's Common -------- Stock pursuant to subsection (c) above and the Company fails to perform its obligations as mandated in Section 2.5 and 2.2 (c), and specifically fails to provide the Investor with the shares of Common Stock for the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 4 contracts
Samples: Standby Equity Distribution Agreement (China World Trade Corp), Standby Equity Distribution Agreement (Falcon Natural Gas Corp), Standby Equity Distribution Agreement (Intrepid Technology & Resource Inc)
Hardship. In the event the Investor sells the Company's Common Stock pursuant to subsection (c) above and the Company fails to perform its obligations as mandated in Section 2.5 and 2.2 (c), and specifically fails to provide the Investor with the shares of Common Stock for the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship and fees caused to the Investor.
Appears in 3 contracts
Samples: Equity Line of Credit Agreement (Cirtran Corp), Equity Line of Credit Agreement (Cirtran Corp), Equity Line of Credit Agreement (Cirtran Corp)
Hardship. In the event the Investor sells the Company's Common Stock -------- pursuant to subsection (c) above and the Company fails to perform its obligations as mandated in Section 2.5 and 2.2 (c), and specifically fails to provide the Investor with the shares of Common Stock for the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 3 contracts
Samples: Standby Equity Distribution Agreement (Ns8 Corp), Standby Equity Distribution Agreement (Ns8 Corp), Standby Equity Distribution Agreement (Donobi Inc)
Hardship. In the event the Investor sells the Company's Common Stock pursuant to subsection (ca) above and the Company fails to perform its obligations as mandated in Section 2.5 and 2.2 (ca), and specifically fails to provide the Investor with the shares of Common Stock for the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 3 contracts
Samples: Equity Line of Credit Agreement (Bsi2000 Inc), Equity Line of Credit Agreement (Bsi2000 Inc), Equity Line of Credit Agreement (Bsi2000 Inc)
Hardship. In the event the any Investor sells the Company's Common Stock to be delivered pursuant to subsection (c) above and the Company fails to perform its obligations as mandated in Section 2.5 and 2.2 (c), and specifically fails to provide the Investor with the shares of Common Stock for the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 3 contracts
Samples: Standby Equity Distribution Agreement (Industrial Electric Services Inc), Standby Fixed Price Equity Distribution Agreement (China Ivy School, Inc.), Fixed Price Standby Equity Distribution Agreement (Gulf Resources, Inc.)
Hardship. In the event the Investor sells the Company's -------- Common Stock pursuant to subsection (c) above and the Company fails to perform its obligations as mandated in Section 2.5 and 2.2 (c), and specifically fails to provide the Investor with the shares of Common Stock for the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 2 contracts
Samples: Standby Equity Distribution Agreement (Intrepid Technology & Resource Inc), Standby Equity Distribution Agreement (Falcon Natural Gas Corp)
Hardship. In the event the Investor sells the Company's Common Stock pursuant to subsection (c) above and the Company fails to perform its obligations as mandated in Section 2.5 and 2.2 (c), and specifically fails to provide the Investor with the shares of Common Stock for the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all reasonable losses, commissions, fees, or financial hardship caused to the InvestorInvestor by the Company's delivery failure.
Appears in 2 contracts
Samples: Standby Equity Distribution Agreement (Electric Aquagenics Unlimited Inc), Standby Equity Distribution Agreement (Electric Aquagenics Unlimited Inc)
Hardship. In the event the Investor sells the Company's Common Stock pursuant to subsection (ca) above and the Company fails to perform its obligations as mandated in Section 2.5 and 2.2 (c), and specifically fails to provide the Investor with the shares of Common Stock for the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 2 contracts
Samples: Standby Equity Distribution Agreement (Pacer Health Corp), Standby Equity Distribution Agreement (Y3k Secure Enterprise Software Inc)
Hardship. In the event the Investor sells the Company's Common Stock ’s Ordinary Shares pursuant to subsection (ca) above and the Company fails to perform its obligations as mandated in Section 2.5 and 2.2 (c)2.5, and specifically fails to provide the Investor with the shares of Common Stock Ordinary Shares for the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Elbit Vision Systems LTD)
Hardship. In the event the Investor sells the Company's ’s Common Stock pursuant to subsection (c) above and the Company fails to perform its it’s obligations as mandated in Section 2.5 and 2.2 (c2.2(c), and specifically fails to provide the Investor with the shares of Common Stock for the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 1 contract
Samples: Equity Line of Credit Agreement (Cardinal Communications, Inc)
Hardship. In the event the Investor sells the Company's Common Stock pursuant to subsection (c) above and the Company fails to perform its obligations as mandated in Section 2.5 and 2.2 (c), and specifically fails to provide the Investor with the shares of Common Stock for the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 1 contract
Samples: Equity Line of Credit Agreement (Vertical Computer Systems Inc)
Hardship. In the event the Investor sells the -------- Company's Common Stock pursuant to subsection (c) above and the Company fails to perform its obligations as mandated in Section 2.5 and 2.2 (c), and specifically fails to provide the Investor with the shares of Common Stock for the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Intrepid Technology & Resource Inc)
Hardship. In the event the Investor sells the Company's Common Stock pursuant to subsection (c) above and the Company fails to perform its obligations as mandated in Section 2.5 and 2.2 (c), and specifically fails to provide the Investor with the shares of Common Stock for the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all reasonable, documented losses, commissions, fees, or financial hardship proximately caused to the Investor.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (U.S. Helicopter CORP)
Hardship. In the event the Investor sells the Company's Common Stock pursuant to subsection (c) above and the Company fails to perform its obligations as mandated in Section 2.5 and 2.2 (c), and specifically fails to provide the Investor with the shares of Common Stock for the applicable Advance, for reason other than the Investor's actions, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Cinema Ride Inc)
Hardship. In the event the Investor sells the Company's Common Stock ’s Ordinary Shares pursuant to subsection (c) above and the Company fails to perform its obligations as mandated in Section 2.5 and 2.2 (c)2.5, and specifically fails to provide the Investor with the shares of Common Stock Ordinary Shares for the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Robogroup Tek LTD)
Hardship. In the event the Investor sells the Company's Common Stock pursuant to subsection 2.1 (c) above and the Company fails to perform its it's obligations as mandated in Section 2.5 and 2.2 (c), and specifically fails to provide the Investor with the shares of Common Stock for the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 1 contract
Samples: Equity Line of Credit Agreement (Innovative Gaming Corp of America)
Hardship. In the event the Investor sells the Company's Common Stock pursuant to subsection (c) above and the Company fails to perform its obligations as mandated in Section 2.5 and 2.2 (c), and specifically fails to provide the Investor with the shares of Common Stock for the applicable Advance, the Company acknowledges that the Investor shall may suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Roomlinx Inc)
