Common use of Holders Redemptions Clause in Contracts

Holders Redemptions. (a) Mechanics of Holder’s Redemptions. In the event that the Holder has sent a Major Transaction Redemption Notice to the Company pursuant to Section 10(d) or a Default Notice pursuant to Section 11(b)(i), respectively (each, a “Redemption Notice”), the Holder shall promptly submit this Warrant to the Company (if delivery of the original Warrant is required pursuant to Section 2(l). In the event of a redemption of less than all of the outstanding portion of this Warrant, the Company shall promptly cause to be issued and delivered to the Holder a new Warrant representing the outstanding number of underlying Warrant Shares which have not been redeemed. In the event that the Company does not pay the applicable Redemption Price to the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Redemption Price in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Warrant that was submitted for redemption and for which the applicable Major Transaction Redemption Price (together with any late charges thereon) has not been paid. Upon the Company's receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Redemption Share Amount, (y) the Company shall immediately return this Warrant, or issue a new Warrant to the Holder representing the portion of this Warrant that was submitted for redemption. The Holder's delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company's obligations to make any payments of Failure Payments which have accrued prior to the date of such notice with respect to the Warrant subject to such notice.

Holders Redemptions. (a) Mechanics of Holder’s Redemptions. In the event that the Holder has sent a Major Transaction an Event of Default Redemption Notice to the Company pursuant to Section 10(d4(b) or a Default Notice pursuant to Section 11(b)(i), respectively (each, a “Redemption Notice”), the Holder shall promptly submit this Warrant Note to the Company. The Company (if delivery shall deliver the applicable Event of Default Redemption Price to the Holder within 10 Business Days after the Company’s receipt of the original Warrant is required pursuant to Section 2(l)Holder’s Redemption Notice. In the event of a redemption of less than all of the outstanding portion Conversion Amount of this WarrantNote, the Company shall promptly cause to be issued and delivered to the Holder a new Warrant Note representing the outstanding number of underlying Warrant Shares Principal which have has not been redeemed. In the event that the Company does not pay the applicable Event of Default Redemption Price (the “Redemption Price”), to the Holder (or deliver any Common Stock to be issued pursuant to a Redemption Notice) within the time period required, at any time thereafter and until the Company pays such unpaid Redemption Price (and issues any Common Stock required pursuant to a Redemption Notice) in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Warrant Note representing the Conversion Amount that was submitted for redemption and for which the applicable Major Transaction Redemption Price (together with or any late charges thereonCommon Stock required to be issued pursuant to a Redemption Notice) has not been paid. Upon the Company's ’s receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Redemption Share Amount, Conversion Amount and (y) the Company shall immediately return this WarrantNote, or issue a new Warrant Note to the Holder representing the portion of this Warrant that was submitted for redemption. The Holder's delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company's obligations to make any payments of Failure Payments which have accrued prior to the date of such notice with respect to the Warrant subject to such noticeConversion Amount.

Holders Redemptions. (a) Mechanics The Company shall deliver the applicable Event of Default Redemption Price to the Holder within five (5) Business Days after the Company’s receipt of the Holder’s RedemptionsEvent of Default Redemption Notice. In the event that If the Holder has sent submitted a Major Change of Control Redemption Notice in accordance with Section 5(b), the Company shall deliver the applicable Change of Control Redemption Price to the Holder concurrently with the consummation of such Change of Control if such notice is received prior to the consummation of such Change of Control and within five (5) Business Days after the Company’s receipt of such notice otherwise. If the Holder has submitted a Financing Transaction Redemption Notice to or a Nine Month Redemption Notice, the Company pursuant to Section 10(dshall deliver the applicable Company Redemption Price within five (5) or a Default Notice pursuant to Section 11(b)(i), respectively (each, a “Redemption Notice”), Business Days after the Holder shall promptly submit this Warrant to the Company (if delivery Company’s receipt of the original Warrant is required pursuant to Section 2(l)such notice. In the event of a redemption of less than all of the outstanding portion of this WarrantNote, the Company shall promptly cause to be issued and delivered to the Holder a new Warrant Note (in accordance with Section 18(d)) representing the outstanding number portion of underlying Warrant Shares this Note which have has not been redeemed. In the event that the Company does not pay the applicable Redemption Price to the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Redemption Price in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Warrant Note representing the Conversion Amount that was submitted for redemption and for which the applicable Major Transaction Redemption Price (together with any late charges Late Charges thereon) has not been paid. Upon the Company's ’s receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Redemption Share Conversion Amount, (y) the Company shall immediately return this WarrantNote, or issue a new Warrant Note (in accordance with Section 18(d)) to the Holder representing the portion sum of such Conversion Amount to be redeemed together with accrued and unpaid Interest with respect to such Conversion Amount and accrued and unpaid Late Charges with respect to such Conversion Amount and Interest and (z) the Conversion Price of this Warrant that was submitted for redemptionNote or such new Notes shall be adjusted to the lesser of (A) the Conversion Price as in effect on the date on which the applicable Redemption Notice is voided and (B) the lowest Closing Bid Price during the period beginning on and including the date on which the applicable Redemption Notice is delivered to the Company and ending on and including the date on which the applicable Redemption Notice is voided. The Holder's ’s delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company's ’s obligations to make any payments of Failure Payments Interest or Late Charges which have accrued prior to the date of such notice with respect to the Warrant Conversion Amount subject to such notice. All amounts required to be paid pursuant to this Section 12 shall be paid in cash by wire transfer of immediately available funds.

Holders Redemptions. (a) Mechanics of Holder’s Redemptions. In the event that If the Holder has sent submitted to Company an Event of Default Redemption Notice in accordance with Section 4.2(b), then the Company shall pay to Holder in cash within one (1) Trading Day after the Company’s receipt of such Event of Default Redemption Notice an amount equal to the Default Redemption Amount multiplied by the Redemption Premium (the “Event of Default Redemption Price”); provided, however, that the Redemption Premium may only be applied in computing the Event of Default Redemption Price with respect to the first two Events of Default under this Note, and not to any subsequent Events of Default. If the Holder has submitted to Company a Major Fundamental Transaction Redemption Notice to the Company pursuant to in accordance with Section 10(d) or a Default Notice pursuant to Section 11(b)(i)5.2, respectively (each, a “Redemption Notice”), the Holder shall promptly submit this Warrant to the Company (if delivery of the original Warrant is required pursuant to Section 2(l). In the event of a redemption of less than all of the outstanding portion of this Warrant, then the Company shall promptly cause pay to be issued and delivered Holder in cash concurrently with the consummation of such Fundamental Transaction if such notice is received prior to the Holder a new Warrant representing consummation of such Fundamental Transaction and within one (1) Trading Day after the outstanding number Company’s receipt of underlying Warrant Shares which have not been redeemedsuch notice otherwise, an amount equal to the Fundamental Transaction Redemption Amount multiplied by the Redemption Premium (the “Fundamental Transaction Redemption Price”). In the event that the Company does not pay the applicable Redemption Price to the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Redemption Price in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Warrant Note representing the amount that was submitted for redemption and for which the applicable Major Transaction Redemption Price (together with any late charges Late Charges thereon) has not been paid. Notwithstanding anything in this Note to the contrary, such failure of the Company to pay the Redemption Price under this Section 10 shall not be considered a separate Event of Default hereunder. Upon the Company's ’s receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Redemption Share Amount, amount submitted for redemption; (y) the Company Outstanding Balance of this Note as of the date of the Redemption Notice shall immediately return this Warrantbe increased by an amount equal to (1) the applicable Event of Default Redemption Price, or issue a new Warrant to Fundamental Transaction Redemption Price (as the Holder representing case may be), minus (2) the principal portion of this Warrant that was the Outstanding Balance submitted for redemption; and (z) the Conversion Price of this Note shall be automatically adjusted with respect to each conversion under this Note effected thereafter by the Holder to the lowest of (A) the Conversion Price as in effect on the date on which the applicable Redemption Notice is voided, (B) 80% of the lowest Closing Bid Price of the Common Stock during the period beginning on and including the date on which the applicable Redemption Notice is delivered to the Company and ending on and including the date on which the applicable Redemption Notice is voided, (C) the Market Price immediately preceding the date of each future applicable Conversion Notice, and (D) the Market Price as in effect on the date on which the applicable Redemption Notice is voided. The Holder's ’s delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company's ’s obligations to make any payments of Failure Payments Late Charges which have accrued prior to the date of such notice with respect to the Warrant Conversion Amount subject to such notice.

Holders Redemptions. (a) Mechanics of Holder’s Redemptions. In the event that If the Holder has sent submitted to Company an Event of Default Redemption Notice in accordance with Section 4.3(b), then the Company shall pay to Holder in cash within ten (10) Trading Days after the Company’s receipt of such Event of Default Redemption Notice an amount equal to the Default Redemption Amount. If the Holder has submitted to Company a Major Fundamental Transaction Redemption Notice to the Company pursuant to in accordance with Section 10(d) or a Default Notice pursuant to Section 11(b)(i)5.2, respectively (each, a “Redemption Notice”), the Holder shall promptly submit this Warrant to the Company (if delivery of the original Warrant is required pursuant to Section 2(l). In the event of a redemption of less than all of the outstanding portion of this Warrant, then the Company shall promptly cause pay to be issued and delivered Holder in cash an amount equal to the Holder a new Warrant representing Fundamental Transaction Redemption Amount multiplied by the outstanding number Default Premium (the “Fundamental Transaction Redemption Price”) on the earlier of underlying Warrant Shares which have not been redeemed(i) the closing of such Fundamental Transaction, and (ii) ten (10) Trading Days after the Company’s receipt of such notice. In Notwithstanding anything in this Note to the event that contrary, the failure of the Company does not to pay the applicable Default Redemption Price Amount under this Section 10 shall not be considered a separate Event of Default hereunder. At any time prior to the Holder within payment of the time period required, at any time thereafter and until applicable Default Redemption Amount by the Company pays such unpaid Redemption Price in fullCompany, the Holder shall have the option, in lieu of redemption, to require cancel the Event of Default Redemption Notice or the Fundamental Transaction Redemption Notice, as applicable, by written notice to the Company to promptly return to (the Holder all or any portion of this Warrant that was submitted for redemption and for which the applicable Major Transaction “Redemption Price (together with any late charges thereon) has not been paidCancellation Notice”). Upon the Company's ’s receipt of such noticea Redemption Cancellation Notice, (x) this Note shall thereafter be due and payable upon demand in whole or in part, with payment of the designated Outstanding Balance being due ten (10) Trading Days after written demand therefor from the Holder; (y) for each conversion thereafter under Section 3 of this Note, the Conversion Price of this Note shall be automatically adjusted with respect to each conversion under this Note effected thereafter by the Holder to the lowest of (A) 75% of the lowest Closing Bid Price of the Common Stock during the period beginning on and including the date on which the applicable Redemption Notice shall be null is delivered to the Company and void with respect to such ending on and including the date of the Redemption Share AmountCancellation Notice, (yB) the Company shall immediately return Market Price as of the date of the Redemption Cancellation Notice, (C) the then current Market Price, and (D) the then current Conversion Price; and (z) for each conversion thereafter under Section 3 of this WarrantNote, or issue a new Warrant twenty-three (23) Trading Days following Company’s delivery to the Holder representing of Conversion Shares (the portion “Section 10 True-Up Date”), there shall be a true-up where the number of Conversion Shares delivered shall be multiplied by the Market Price as of the Section 10 True-Up Date and if the product thereof is less than the Conversion Amount applicable to such conversion, the difference shall be added to the Outstanding Balance of this Warrant that was submitted for redemptionNote as of the Section 10 True-Up Date. The Holder's ’s delivery of a notice voiding a Redemption Cancellation Notice and exercise of its rights following such notice shall not affect the Company's ’s obligations to make any payments of Failure Payments Late Charges which have accrued prior to the date of such notice with respect to Redemption Cancellation Notice and shall not be deemed a waiver of any Event of Default identified in the Warrant subject to such noticeapplicable Event of Default Redemption Notice.

Holders Redemptions. (a) Mechanics of Holder’s Redemptions. In the event that If the Holder has sent submitted to Company an Event of Default Redemption Notice in accordance with Section , then the Company shall pay to Holder in cash within ten (10) Trading Days after the Company’s receipt of such Event of Default Redemption Notice an amount equal to the Default Redemption Amount multiplied by the Redemption Premium (the “Event of Default Redemption Price”); provided, however, that the Redemption Premium may only be applied in computing the Event of Default Redemption Price with respect to two Events of Default under this Note, and not to any additional Events of Default. If the Holder has submitted to Company a Major Fundamental Transaction Redemption Notice to the Company pursuant to in accordance with Section 10(d) or a Default Notice pursuant to Section 11(b)(i), respectively (each, a “Redemption Notice”), the Holder shall promptly submit this Warrant to the Company (if delivery of the original Warrant is required pursuant to Section 2(l). In the event of a redemption of less than all of the outstanding portion of this Warrant, then the Company shall promptly cause pay to be issued and delivered Holder in cash an amount equal to the Holder a new Warrant representing Fundamental Transaction Redemption Amount multiplied by the outstanding number Redemption Premium (the “Fundamental Transaction Redemption Price”) on the earlier of underlying Warrant Shares which have not been redeemed(i) the closing of such Fundamental Transaction, and (ii) ten (10) Trading Days after the Company’s receipt of such notice. In Notwithstanding anything in this Note to the event that contrary, the failure of the Company does to pay the Redemption Price under this Section shall not pay be considered a separate Event of Default hereunder. At any time prior to the payment of the applicable Redemption Price to by the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Redemption Price in fullCompany, the Holder shall have the option, in lieu of redemption, to require cancel the Event of Default Redemption Notice or the Fundamental Transaction Redemption Notice, as applicable, by written notice to the Company to promptly return to (the Holder all or any portion “Redemption Cancellation Notice”). Upon the Company’s receipt of a Redemption Cancellation Notice, (w) the Outstanding Balance of this Warrant that was submitted for redemption and for which Note as of the date of the Redemption Notice shall be increased by an amount equal to (1) the applicable Major Event of Default Redemption Price, or Fundamental Transaction Redemption Price (together with any late charges thereonas the case may be), minus (2) has not been paid. Upon the Company's receipt principal portion of such notice, the Outstanding Balance submitted for redemption; (x) this Note shall thereafter be due and payable upon demand, with payment of the Outstanding Balance being due ten (10) Trading Days after written demand therefor from the Holder; (y) for each conversion thereafter under Section of this Note, the Conversion Price of this Note shall be automatically adjusted with respect to each conversion under this Note effected thereafter by the Holder to the lowest of (A) 72.5% of the lowest Closing Bid Price of the Common Stock during the period beginning on and including the date on which the applicable Redemption Notice shall be null is delivered to the Company and void with respect to such ending on and including the date of the Redemption Share AmountCancellation Notice, (yB) the Company shall immediately return Market Price as of the date of the Redemption Cancellation Notice, (C) the then current Market Price, and (D) the then current Conversion Price; and (z) for each conversion thereafter under Section of this WarrantNote, or issue a new Warrant twenty-three (23) Trading Days following Company’s delivery to the Holder representing of Conversion Shares (the portion “True-Up Date”), there shall be a true-up where the number of Conversion Shares delivered shall be multiplied by the Market Price as of the True-Up Date and if the product thereof is less than the Conversion Amount applicable to such conversion, the difference shall be added to the Outstanding Balance of this Warrant that was submitted for redemptionNote as of the True-Up Date. The Holder's ’s delivery of a notice voiding a Redemption Cancellation Notice and exercise of its rights following such notice shall not affect the Company's ’s obligations to make any payments of Failure Payments Late Charges which have accrued prior to the date of such notice with respect to Redemption Cancellation Notice and shall not be deemed a waiver of any Event of Default identified in the Warrant subject to such noticeapplicable Event of Default Redemption Notice.

Holders Redemptions. (a) Mechanics of Holder’s Redemptions. In the event that the Holder has sent a Major Transaction Redemption Notice to the Company pursuant to Section 10(d) or a Default Notice pursuant to Section 11(b)(i), respectively (each, a “Redemption Notice”), the Holder shall promptly submit this Warrant to the Company (if delivery of the original Warrant is required pursuant to Section 2(l). In the event of a redemption of less than all of the outstanding portion of this Warrant, the Company shall promptly cause to be issued and delivered to the Holder a new Warrant representing the outstanding number of underlying Warrant Shares which have not been redeemed. In the event that the Company does not pay the applicable Redemption Price to the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Redemption Price in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Warrant that was submitted for redemption and for which the applicable Major Transaction Redemption Price (together with any late charges thereon) has not been paid. Upon the Company's receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Redemption Share Amount, (y) the Company shall immediately return this Warrant, or issue a new Warrant to the Holder representing the portion of this Warrant that was submitted for redemptionredemption . The Holder's delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company's obligations to make any payments of Failure Payments which have accrued prior to the date of such notice with respect to the Warrant subject to such notice.

Holders Redemptions. (a) Mechanics of Holder’s Redemptions. In the event that the Holder has sent a Default Notice or a Major Transaction Redemption Notice to the Company pursuant to Section 10(d5(c) or a Default Notice pursuant to Section 11(b)(i), respectively (each, a “Redemption Notice”), the Holder shall promptly submit this Warrant to the Company (if delivery of Company. If the original Warrant is required pursuant to Holder has submitted a Major Transaction Redemption Notice in accordance with Section 2(l5(c)(i)(C). In the event of a redemption of less than all of the outstanding portion of this Warrant, the Company shall promptly cause to be issued and delivered deliver the applicable Major Transaction Redemption Price to the Holder a new Warrant representing concurrently with the outstanding number consummation of underlying Warrant Shares which have not been redeemedsuch Major Transaction. In the event that the Company does not pay the applicable Redemption Price to the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Redemption Price in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Warrant that was submitted for redemption and for which the applicable Major Transaction Redemption Price (together with any late charges thereon) has not been paid. Upon the Company's ’s receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Redemption Share Principal Amount, (y) the Company shall immediately return this Warrant, or issue a new Warrant to the Holder representing the portion of this Warrant that was submitted for redemptionredemption and (z) the Exercise Price of this Warrant or such new Warrant shall be adjusted to the lesser of (A) the Exercise Price as in effect on the date on which the applicable Redemption Notice is voided and (B) the lowest Closing Price during the period beginning on and including the date on which the applicable Redemption Notice is delivered to the Company and ending on and including the date on which the applicable Redemption Notice is voided. The Holder's ’s delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company's ’s obligations to make any payments of Failure Payments which have accrued prior to the date of such notice with respect to the Warrant subject to such notice.

Holders Redemptions. (a) Mechanics of Holder’s Redemptions. In the event that If the Holder has sent submitted to Company an Event of Default Redemption Notice in accordance with Section 4.2(b), then the Company shall pay to Holder in cash within ten (10) Trading Days after the Company’s receipt of such Event of Default Redemption Notice an amount equal to the Default Redemption Amount multiplied by the Redemption Premium (the “Event of Default Redemption Price”); provided, however, that the Redemption Premium may only be applied in computing the Event of Default Redemption Price with respect to the first two Events of Default under this Note, and not to any subsequent Events of Default. If the Holder has submitted to Company a Major Fundamental Transaction Redemption Notice to the Company pursuant to in accordance with Section 10(d) or a Default Notice pursuant to Section 11(b)(i)5.2, respectively (each, a “Redemption Notice”), the Holder shall promptly submit this Warrant to the Company (if delivery of the original Warrant is required pursuant to Section 2(l). In the event of a redemption of less than all of the outstanding portion of this Warrant, then the Company shall promptly cause pay to be issued and delivered Holder in cash prior to the Holder consummation of such Fundamental Transaction if such notice is received prior to the consummation of such Fundamental Transaction and within ten (10) Trading Days after the Company’s receipt of such notice otherwise, an amount equal to the Fundamental Transaction Redemption Amount multiplied by the Redemption Premium (the “Fundamental Transaction Redemption Price”). Notwithstanding anything in this Note to the contrary, such failure of the Company to pay the Redemption Price under this Section 10 shall not be considered a new Warrant representing the outstanding number separate Event of underlying Warrant Shares which have not been redeemed. In Default xxxxxxxxx.Xx the event that the Company does not pay the applicable Redemption Price to the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Redemption Price in full, the Holder shall have the option, in lieu of redemption, to require cancel the Event of Default Redemption Notice or the Fundamental Transaction Redemption Notice, as applicable, by written notice to the Company to promptly return to (the Holder all or any portion of this Warrant that was submitted for redemption and for which the applicable Major Transaction “Redemption Price (together with any late charges thereon) has not been paid. Upon Cancellation Notice”).Upon the Company's ’s receipt of such notice, (x) the applicable a Redemption Notice shall be null and void with respect to such Redemption Share AmountCancellation Notice, (y) the Company Outstanding Balance of this Note as of the date of the Redemption Notice shall immediately return this Warrantbe increased by an amount equal to (1) the applicable Event of Default Redemption Price, or issue a new Warrant to orFundamental Transaction Redemption Price(as the Holder representing case may be), minus (2) the principal portion of this Warrant that was the Outstanding Balance submitted for redemption; and (z) the Conversion Price of this Note shall be automatically adjusted with respect to each conversion under this Note effected thereafter by the Holder to the lowest of (A) 80% of the lowest Closing Bid Price of the Common Stock during the period beginning on and including the date on which the applicable Redemption Notice is delivered to the Company and ending on and including the date of the Redemption Cancellation Notice, (B) the Market Price as of the date of the Redemption Cancellation Notice, (C) the then current Market Price, and (D) the then current Conversion Price. The Holder's ’s delivery of a notice voiding a Redemption Cancellation Notice and exercise of its rights following such notice shall not affect the Company's ’s obligations to make any payments of Failure Payments Late Charges which have accrued prior to the date of such notice with respect to the Warrant subject to such noticeRedemption Cancellation Notice.