Common use of Ineffective Period Payment Clause in Contracts

Ineffective Period Payment. Within five (5) Business Days after the last day of any Ineffective Period, the Company will pay to the Investor in cash ("Ineffective Period Payments"), as liquidated damages for such suspension and not as a penalty, an amount equal to the number of shares of Common Stock issued to the Investor in any Put with a Pricing Period End Date (as defined in the Investment Agreement) that is thirty (30) business days or less prior to the date that the Ineffective Period commences, multiplied by the difference of: (i) the highest closing price of the Company's Common Stock for any trading day during the Ineffective Period, (ii) the lowest closing price of the Company's Common Stock for the five (5) trading days including and immediately following the last trading day of such Ineffective Period.

Appears in 6 contracts

Samples: Registration Rights Agreement (Cachestream Corp), Registration Rights Agreement (Findex Com Inc), Registration Rights Agreement (Interglobal Waste Management Inc)

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Ineffective Period Payment. Within five (5) Business Days after of the last day of any Ineffective Period, the Company will pay to the Investor in cash ("Ineffective Period Payments"), as liquidated damages for such suspension and not as a penalty, an amount equal to the number of shares of Common Stock issued to the Investor in any Put with a Pricing Period End Date (as defined in the Investment Agreement) that is thirty (30) business days or less prior to the date that the Ineffective Period commences, multiplied by the difference of: (i) the highest closing price of the Company's Common Stock for any trading day during the Ineffective Period, (ii) the lowest closing price of the Company's Common Stock for the five (5) trading days including and immediately following the last trading day of such Ineffective Period.

Appears in 4 contracts

Samples: Investment Agreement (Tengtu International Corp), Registration Rights Agreement (Prime Companies Inc), Registration Rights Agreement (Tidelands Oil & Gas Corp/Wa)

Ineffective Period Payment. Within five (5) Business Days after the last day of any Ineffective Period, the Company will pay to the Investor in cash ("Ineffective Period Payments"), as liquidated damages for such suspension and not as a penalty, an amount equal to the number of shares of Common Stock issued to the Investor in any Put with a Pricing Period End Date (as defined in the Investment Agreement) that is thirty (30) business days or less prior to the date that the Ineffective Period commences, multiplied by the difference of: (i) the highest closing price of the Company's Common Stock for any trading day during the Ineffective Period,, minus (ii) the lowest closing price of the Company's Common Stock for the five (5) trading days including and immediately following the last trading day of such Ineffective Period.

Appears in 3 contracts

Samples: Registration Rights Agreement (Tri Valley Corp), Registration Rights Agreement (Tri Valley Corp), Investment Agreement (Tri Valley Corp)

Ineffective Period Payment. Within five (5) Business Days after ---------------------------- the last day of any Ineffective Period, the Company will pay to the Investor in cash ("Ineffective Period Payments"), as liquidated damages for such suspension and not as a penalty, an amount equal to the number of shares of Common Stock issued to the Investor in any Put with a Pricing Period End Date (as defined in the Investment Agreement) that is thirty (30) business days or less prior to the date that the Ineffective Period commences, multiplied by the difference of: (i) the highest closing price of the Company's Common Stock for any trading day during the Ineffective Period, (ii) the lowest closing price of the Company's Common Stock for the five (5) trading days including and immediately following the last trading day of such Ineffective Period.

Appears in 1 contract

Samples: Registration Rights Agreement (E Rex Inc)

Ineffective Period Payment. Within five (5) Business Days after the last day of any Ineffective Period, the Company will pay to the Investor in cash ("Ineffective Period Payments"), as liquidated damages for such suspension and not as a penalty, an amount equal to the number of shares of Common Stock issued to the Investor in any Put with a Pricing Period End Date (as defined in the Investment Agreement) that is thirty (30) business days or less prior to the date that the Ineffective Period commences (not to exceed the number of shares of Common Stock actually held by the Investor when the Ineffective Period commences), multiplied by the difference of: (i) the highest closing price of the Company's Common Stock for any trading day during the Ineffective Period, (ii) the lowest closing price of the Company's Common Stock for the five (5) trading days including and immediately following the last trading day of such Ineffective Period.

Appears in 1 contract

Samples: Registration Rights Agreement (Patriot Scientific Corp)

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Ineffective Period Payment. Within five (5) Business Days after of the last day of any Ineffective Period, the Company will pay to the Investor in cash or cash equivalent ("Ineffective Period Payments"), as liquidated damages for such suspension and not as a penalty, an amount equal to the number of shares of Common Stock issued to held by the Investor in any Put with a Pricing Period End Date (as defined in on the Investment Agreement) that is thirty (30) business days or less prior to the date trading day that the Ineffective Period commences, multiplied by the difference of: (i) the highest closing price of the Company's Common Stock for any trading day during the Ineffective Period, (ii) the lowest closing price of the Company's Common Stock for the five (5) trading days including and immediately following the last trading day of such Ineffective Period.

Appears in 1 contract

Samples: Registration Rights Agreement (Ivoice Com Inc /De)

Ineffective Period Payment. Within five (5) Business Days after the last day of any Ineffective Period, the Company will pay to the Investor in cash ("Ineffective Period Payments"), as liquidated damages for such suspension and not as a penalty, an amount equal to the number of shares of Common Stock issued to the Investor in any Put with a Pricing Period End Date (as defined in the Investment Agreement) that is thirty (30) business days or less prior to the date that the Ineffective Period commences, multiplied by the difference of: (i) the highest closing price of the Company's Common Stock for any trading day during the Ineffective Period, (ii) the lowest closing price of the Company's Common Stock for the five (5) trading days including and immediately following the last trading day of such Ineffective Period.

Appears in 1 contract

Samples: Registration Rights Agreement (E Rex Inc)

Ineffective Period Payment. Within five (5) Business Days after the last day of any Ineffective Period, the Company will pay to the Investor in cash ("Ineffective Period Payments"), as liquidated damages for such suspension and not as a penalty, an amount equal to the number of shares of Common Stock issued to the Investor in any Put with a Pricing Period End Date (as defined in the Investment Agreement) that is thirty (30) business days or less prior to the date that the Ineffective Period commences, multiplied by the difference of: (i) the highest closing price of the Company's ’s Common Stock for any trading day during the Ineffective Period,, minus (ii) the lowest closing price of the Company's ’s Common Stock for the five (5) trading days including and immediately following the last trading day of such Ineffective Period.

Appears in 1 contract

Samples: Warrant Agreement (Greenland Corp)

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