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 126 contracts
Samples: Equity Distribution Agreement (Eyi Industries Inc), Equity Line of Credit Agreement (Smartire Systems Inc), Equity Distribution Agreement (Pop N Go 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: Equity Distribution Agreement (Consortium Service Management Group Inc), Equity Distribution Agreement (China World Trade Corp), Equity Distribution Agreement (Stock Market Solutions 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 4 contracts
Samples: Exhibit 99 (Falcon Natural Gas Corp), Equity Distribution Agreement (Intrepid Technology & Resource Inc), Equity Distribution Agreement (China World Trade Corp)
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), Credit Agreement (Newtech Brake Corp), Line of Credit Agreement (Newtech Brake Corp)
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: Equity Distribution Agreement (Industrial Electric Services Inc), Fixed Price Equity Distribution Agreement (China Ivy School, Inc.), Fixed Price (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 3 contracts
Samples: Equity Distribution Agreement (Ns8 Corp), Exhibit 99 (Donobi Inc), Equity Distribution Agreement (Ns8 Corp)
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), Credit Agreement (Bsi2000 Inc), Credit Agreement (Bsi2000 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 reasonable losses, commissions, fees, or financial hardship caused to the InvestorInvestor by the Company's delivery failure.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Electric Aquagenics Unlimited Inc), 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: Equity Distribution Agreement (Pacer Health Corp), Equity Distribution Agreement (Y3k Secure Enterprise Software 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: Equity Distribution Agreement (Falcon Natural Gas Corp), Equity Distribution Agreement (Intrepid Technology & Resource 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 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. Section 2.3.
Appears in 1 contract
Samples: Credit Agreement Agreement
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 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: Equity Distribution Agreement (U.S. Helicopter CORP)
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 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 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
