Common use of Meeting of Stockholders Clause in Contracts

Meeting of Stockholders. The Trust will take all action necessary in accordance with applicable law and its Declaration of Trust and other organizational documents to convene a meeting of its shareholders as promptly as practicable to consider and vote upon the approval of this Agreement and the transactions contemplated hereby. The Board of Trustees of the Trust, subject to Section 7.1, shall unanimously recommend that its shareholders approve this Agreement and the transactions contemplated hereby and the adoption of an amendment to its Declaration of Trust authorizing merger, and the Trust shall use its reasonable best efforts to obtain such approval, including, without limitation, by timely mailing the proxy statement/prospectus contained in the Form S-4 (as defined in Section 7.7 hereof) to its shareholders and including such recommendation within such Form S-4; provided, however, that nothing contained in this Section 7.3 shall prohibit the Board of Trustees of the Trust from failing to make or withdrawing such recommendation or using their reasonable best efforts to obtain such approval if the Board of Trustees of the Trust has determined in good faith, after consultation with and based upon the advice of counsel, that such action is necessary for such Board of Trustees to comply with its fiduciary duties to its stockholders under applicable law. It shall be a condition to the mailing of the Form S-4 that (i) Lexington shall have received a "comfort" letter from Ernst & Young, independent public accountants for the Trust, dated as of a date within two business days before the date on which the Form S-4 shall become effective, with respect to the financial statements of the Trust included or incorporated in the Form S-4, in form and substance reasonably satisfactory to Lexington, and customary in scope and substance for "comfort" letters delivered by independent public accountants in connection with registration

Meeting of Stockholders. The Trust Promptly following execution of this Agreement, each of Merkxxx xxx RMSI will take all action necessary in accordance with applicable law and its Declaration of Trust their respective charter and other organizational documents bylaws to convene a meeting of its shareholders their respective stockholders as promptly as practicable to consider and vote upon the approval of this Agreement and the consummation of the transactions contemplated hereby. The Board of Trustees Directors of the Trust, subject to Section 7.1, shall unanimously recommend each of Merkxxx xxx RMSI has recommended that its shareholders their respective stockholders approve this Agreement and the transactions contemplated hereby and the adoption each of an amendment to its Declaration of Trust authorizing merger, and the Trust Merkxxx xxx RMSI shall use its their reasonable best efforts to obtain such approval, including, without limitation, by timely mailing the proxy statement/prospectus contained in the Form S-4 Proxy Statement (as defined in Section 7.7 6.7 hereof) to its shareholders and including such recommendation within such Form S-4Merkxxx'x xxxckholders; provided, however, that nothing contained in this Section 7.3 6.3 shall prohibit the Board of Trustees Directors of the Trust from failing to make or withdrawing Merkxxx xxxm changing such recommendation or using their reasonable best efforts to obtain such approval if the Board of Trustees Directors of the Trust has Merkxxx xxx determined in good faith, after consultation with and based in reliance upon the advice of counselGoodxxx, that such action is necessary for Xxocter & Hoar XXX, or another nationally recognized firm selected by Merkxxx, xxat the failure to do so would be a violation of such Board of Trustees to comply with its Directors' fiduciary duties to its stockholders under applicable law. It shall be a condition to the mailing of the Form S-4 Proxy Statement that (i) Lexington shall Merkxxx xxxll have received a "comfort" letter from Ernst & Young, L.L.P., independent public accountants for the TrustRMSI, dated as of a date within two business days before the date on which the Form S-4 shall become effectiveProxy Statement, with respect to the financial statements of the Trust RMSI included or incorporated in the Form S-4Proxy Statement is first mailed to stockholders, in form and substance reasonably satisfactory to LexingtonMerkxxx, xxd customary in scope and substance for "comfort" letters delivered by independent public accountants in connection with proxy statements similar to the Proxy Statement; and (ii) RMSI shall have received a "comfort" letter from Arthxx Xxxexxxx XXX, independent public accountants for Merkxxx, xxted as of a date within two business days before the date on which the Proxy Statement, with respect to the financial statements of Merkxxx xxxluded or incorporated in the Proxy Statement is first mailed to stockholders, in form and substance reasonably satisfactory to RMSI, and customary in scope and substance for "comfort" letters delivered by independent public accountants in connection with registrationproxy statements similar to the Proxy Statement.

Meeting of Stockholders. The Trust Promptly following execution of this Agreement, each of Xxxxxxx and RMSI will take all action necessary in accordance with applicable law and its Declaration of Trust their respective charter and other organizational documents bylaws to convene a meeting of its shareholders their respective stockholders as promptly as practicable to consider and vote upon the approval of this Agreement and the consummation of the transactions contemplated hereby. The Board of Trustees Directors of the Trust, subject to Section 7.1, shall unanimously recommend each of Xxxxxxx and RMSI has recommended that its shareholders their respective stockholders approve this Agreement and the transactions contemplated hereby and the adoption each of an amendment to its Declaration of Trust authorizing merger, Xxxxxxx and the Trust RMSI shall use its their reasonable best efforts to obtain such approval, including, without limitation, by timely mailing the proxy statement/prospectus contained in the Form S-4 Proxy Statement (as defined in Section 7.7 6.7 hereof) to its shareholders and including such recommendation within such Form S-4Xxxxxxx'x stockholders; provided, however, that nothing contained in this Section 7.3 6.3 shall prohibit the Board of Trustees Directors of the Trust Xxxxxxx from failing to make or withdrawing changing such recommendation or using their reasonable best efforts to obtain such approval if the Board of Trustees Directors of the Trust Xxxxxxx has determined in good faith, after consultation with and based in reliance upon the advice of counselXxxxxxx, Procter & Xxxx LLP, or another nationally recognized firm selected by Xxxxxxx, that such action is necessary for the failure to do so would be a violation of such Board of Trustees to comply with its Directors' fiduciary duties to its stockholders under applicable law. It shall be a condition to the mailing of the Form S-4 Proxy Statement that (i) Lexington Xxxxxxx shall have received a "comfort" letter from Ernst & Young, L.L.P., independent public accountants for the TrustRMSI, dated as of a date within two business days before the date on which the Form S-4 shall become effectiveProxy Statement, with respect to the financial statements of the Trust RMSI included or incorporated in the Form S-4Proxy Statement is first mailed to stockholders, in form and substance reasonably satisfactory to LexingtonXxxxxxx, and customary in scope and substance for "comfort" letters delivered by independent public accountants in connection with registrationproxy statements similar to the Proxy Statement; and (ii) RMSI shall have received a "comfort" letter from Xxxxxx Xxxxxxxx LLP, independent public accountants for Xxxxxxx, dated as of a date within two business days before the date on which the Proxy Statement, with respect to the financial statements of Xxxxxxx included or incorporated in the Proxy Statement is first mailed to stockholders, in form and substance reasonably satisfactory to RMSI, and customary in scope and substance for "comfort" letters delivered by independent public accountants in connection with proxy statements similar to the Proxy Statement.

Meeting of Stockholders. The Trust Promptly following execution of this Agreement, each of Merkxxx xxx RMSI will take all action necessary in accordance with applicable law and its Declaration of Trust their respective charter and other organizational documents bylaws to convene a meeting of its shareholders their respective stockholders as promptly as practicable to consider and vote upon the approval of this Agreement and the consummation of the transactions contemplated hereby. The Board of Trustees Directors of the Trust, subject to Section 7.1, shall unanimously recommend each of Merkxxx xxx RMSI has recommended that its shareholders their respective stockholders approve this Agreement and the transactions contemplated hereby and the adoption each of an amendment to its Declaration of Trust authorizing merger, and the Trust Merkxxx xxx RMSI shall use its their reasonable best efforts to obtain such approval, including, without limitation, by timely mailing the proxy statement/prospectus contained in the Form S-4 Proxy Statement (as defined in Section 7.7 6.7 hereof) to its shareholders and including such recommendation within such Form S-4Merkxxx'x xxxckholders; provided, however, that nothing contained in this Section 7.3 6.3 shall prohibit the Board of Trustees Directors of the Trust from failing to make or withdrawing Merkxxx xxxm changing such recommendation or using their reasonable best efforts to obtain such approval if the Board of Trustees Directors of the Trust has Merkxxx xxx determined in good faith, after consultation with and based in reliance upon the advice of counselGoodxxx, that such action is necessary for Xxocter & Hoar XXX, or another nationally recognized firm selected by Merkxxx, xxat the failure to do so would be a violation of such Board of Trustees to comply with its Directors' fiduciary duties to its stockholders under applicable law. It shall be a condition to the mailing of the Form S-4 Proxy Statement that (i) Lexington shall Merkxxx xxxll have received a "comfort" letter from Ernst & Young, L.L.P., independent public accountants for the TrustRMSI, dated as of a date within two business days before the date on which the Form S-4 shall become effectiveProxy Statement, with respect to the financial statements of the Trust RMSI included or incorporated in the Form S-4Proxy Statement is first mailed to stockholders, in form and substance reasonably satisfactory to LexingtonMerkxxx, and xxd customary in scope and substance for "comfort" letters delivered by independent public accountants in connection with registrationproxy statements similar to the Proxy Statement; and (ii) RMSI shall have received a "comfort" letter from Arthxx Xxxexxxx XXX, independent public accountants for Merkxxx, xxted as of a date within two business days before the date on which the Proxy Statement, with respect to the financial statements of Merkxxx xxxluded or incorporated in the Proxy Statement is first mailed to stockholders, in form and substance reasonably satisfactory to RMSI, and customary in scope and substance for

Meeting of Stockholders. The Trust (a) MDI will take all action necessary in accordance with applicable law and its Declaration of Trust Charter and other organizational documents Bylaws to convene a meeting of its shareholders stockholders (the "Stockholders' Meeting") as promptly as practicable to consider and vote upon the approval of this Agreement and the transactions contemplated hereby. The Board of Trustees Directors of the Trust, subject to Section 7.1, MDI shall unanimously recommend and declare advisable that its shareholders stockholders approve this Agreement and the transactions contemplated hereby and hereby, and, prior to the adoption Effective Time, neither the Board of an amendment to its Declaration Directors of Trust authorizing merger, and MDI nor any committee thereof shall withdraw or modify the Trust approval or recommendation by such Board of Directors. MDI shall use its reasonable best efforts to obtain such approval, including, without limitation, by timely mailing the proxy statement/prospectus contained in the Form S-4 (as defined in Section 7.7 hereofbelow) to its shareholders MDI's stockholders and including to take all such recommendation within other actions necessary or desirable to obtain such Form S-4approval; providedPROVIDED, however42 HOWEVER, that nothing contained in this Section 7.3 7.3(a) shall prohibit the Board of Trustees Directors of the Trust MDI from failing to make or withdrawing such recommendation or using their reasonable its best efforts to obtain such approval if the Board of Trustees Directors of the Trust MDI has determined in good faith, faith after consultation with and based upon the advice of counselMcGrxxx, Xxrth, Mullxx & Xratx, X.C. or another nationally recognized law firm selected by MDI, that such action is necessary for such the Board of Trustees to comply with its fiduciary duties to its stockholders under applicable law. Notwithstanding the foregoing, MDI will immediately notify Bradxxx xx writing if it takes any action set forth in the prior sentence. (b) Promptly following the execution of this agreement, Bradxxx xxx MDI shall prepare and file a proxy statement/prospectus (the "Form S-4") relating to the stockholder meeting of MDI and the registration of the Bradxxx Xxxferred Stock and the Bradxxx Xxxmon Stock (the "Underlying Bradxxx Xxxmon Stock") which will be issued upon conversion of the Bradxxx Xxxferred Stock in accordance with the terms set forth in the Articles Supplementary. The respective parties will cause the Form S-4 to comply as to form in all material respects with the applicable provisions of the Securities Act, the Exchange Act and the rules and regulations thereunder. Each of Bradxxx xxx MDI shall furnish all information about itself and its business and operation and all necessary financial information to the other as the other may reasonably request in connection with the preparation of the Form S-4. Bradxxx xxxll use its reasonable best efforts, and MDI will cooperate with Bradxxx, xx have the Form S-4 declared effective by the SEC as promptly as practicable. Bradxxx xxxll use its reasonable best efforts to obtain, prior to the effective date of the Form S-4, all necessary state securities law or "Blue Sky" permits or approvals required to carry out the transactions contemplated by this Agreement and will pay all expenses incident thereto. Bradxxx xxxees that the Form S-4 and each amendment or supplement thereto at the time of mailing thereof and at the time of the meeting of stockholders of MDI, will not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; PROVIDED, HOWEVER, that the foregoing shall not apply to the extent that any such untrue statement of a material fact or omission to state a material fact was made by Bradxxx xx reliance upon and in conformity with information concerning MDI furnished to Bradxxx xx MDI for use in the Form S-4. MDI agrees that the information provided by it for inclusion in the Form S-4 and each amendment or supplement thereto, at the time of mailing thereof and at the time of the meeting of stockholders of MDI, will not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; PROVIDED, HOWEVER, that the foregoing shall not apply to the extent that any such untrue statement of a material fact or omission to state a material fact was made by MDI in reliance upon and in conformity with information concerning Bradxxx xxxnished to MDI by Bradxxx xxx use in the Form S-4. Bradxxx xxxl advise and deliver copies (if any) to MDI, promptly after it receives notice thereof, of the time when the Form S-4 has become effective or any supplement or amendment has been filed, the issuance of any stop order, the suspension of the qualification of the Bradxxx Xxxferred Stock issuable in connection with the Merger for offering or sale in any jurisdiction, or any request by the SEC for amendment of the Form S-4 or comments thereon and responses thereto or requests by the SEC for additional information. (c) It shall be a condition to the mailing of the Form S-4 proxy statement/prospectus that (i) Lexington shall Bradxxx xxxll have received a "comfort" letter from Ernst Deloitte & YoungTouche LLP, independent public accountants for MDI, of the Trustkind contemplated by the Statement of Auditing Standards with respect to Letters to Underwriters promulgated by the American Institute of Certified Public Accountants (the "AICPA Statement"), dated as of a date within two business days before the date on which the Form S-4 shall become effective, addressed to Bradxxx xx form and substance reasonably satisfactory to Bradxxx, xxncerning the procedures undertaken by Deloitte & Touche LLP with respect to the financial statements and information of MDI and the Trust included or incorporated MDI Subsidiaries contained in the Form S-4, in form S-4 and substance reasonably satisfactory to Lexington, the other matters contemplated by the AICPA Statement and otherwise customary in scope and substance for "comfort" letters delivered by independent public accountants in connection with registrationtransactions such as those contemplated by this Agreement and (ii) MDI shall have received a "comfort" letter from KPMG Peat Marwick LLP, independent public accountants for Bradxxx, xx the kind contemplated by the AICPA Statement, dated as of the date on which the Form S-4 shall become effective, addressed to MDI, in form and substance reasonably satisfactory to MDI, concerning the procedures undertaken by KPMG Peat Marwick LLP with respect to the financial statements and information of Bradxxx xxx the Bradxxx Xxxsidiaries contained in the Form S-4 and the other matters contemplated by the AICPA Statement and otherwise customary in scope and substance for letters delivered by independent public accountants in connection with transactions such as those contemplated by this Agreement.

Meeting of Stockholders. The Trust will (a) As promptly as practicable after the Form S-4 Registration Statement shall have become effective, Parent shall take all action necessary in accordance with applicable law under the Nevada Revised Statutes and its Declaration of Trust Charter Documents to call, convene and other organizational documents to convene hold a meeting of its shareholders stockholders to consider Parent Authorized Stock Increase and Parent Authorized Name Change. Parent will use its reasonable best efforts to hold Parent Stockholders' Meeting as promptly soon as practicable to consider and vote upon after the approval of this Agreement and date on which the transactions contemplated herebyForm S-4 Registration Statement becomes effective. The Board of Trustees of the TrustUnless there has been a Change in Recommendation, subject to Section 7.1, shall unanimously recommend that its shareholders approve this Agreement and the transactions contemplated hereby and the adoption of an amendment to its Declaration of Trust authorizing merger, and the Trust Parent shall use its reasonable best efforts to solicit from its stockholders proxies in favor of the approval of Parent Authorized Stock Increase and Parent Authorized Name Change, and shall take all other action it deems advisable to secure the vote of its stockholders required by the Nevada Revised Statutes, to obtain such approvalapprovals. (b) Except to the extent expressly permitted by Section 6.3(c), including(i) the Board of Directors of Parent shall recommend that Parent Stockholders vote in favor of Parent Authorized Stock Increase and Parent Authorized Name Change, without limitation, by timely mailing (ii) the proxy statement/prospectus contained Proxy Statement shall include a statement that the Board of Directors of Parent has recommended that Parent Stockholders vote in favor of Parent Authorized Stock Increase and Parent Authorized Name Change and (iii) neither the Form S-4 (as defined in Section 7.7 hereof) to its shareholders and including such recommendation within such Form S-4Board of Directors of Parent nor any committee thereof shall effect any Change of Recommendation; provided, however, that nothing contained in this Section 7.3 the foregoing shall not prohibit the Board of Trustees Directors of the Trust Parent from failing to make fulfilling its duty of candor or withdrawing such recommendation or using their reasonable best efforts to obtain such approval if the Board of Trustees of the Trust has determined in good faith, after consultation with and based upon the advice of counsel, that such action is necessary for such Board of Trustees to comply with its fiduciary duties disclosure to its stockholders under applicable law. It shall be a condition to the mailing of the Form S-4 that (i) Lexington shall have received a "comfort" letter from Ernst & Young, independent public accountants for the Trust, dated as of a date within two business days before the date on which the Form S-4 shall become effective, with respect to the financial statements of the Trust included or incorporated in the Form S-4, in form and substance reasonably satisfactory to Lexington, and customary in scope and substance for "comfort" letters delivered by independent public accountants in connection with registrationLaw.

Meeting of Stockholders. The Trust will take all action necessary in accordance with applicable law and its Declaration of Trust and other organizational documents to convene a meeting of its shareholders as promptly as practicable to consider and vote upon the approval of this Agreement and the transactions contemplated hereby. The Board of Trustees of the Trust, subject to Section 7.1, shall unanimously recommend that its shareholders approve this Agreement and the transactions contemplated hereby and the adoption of an amendment to its Declaration of Trust authorizing merger, and the Trust shall use its reasonable best efforts to obtain such approval, including, without limitation, by timely mailing the proxy statement/prospectus contained in the Form S-4 (as defined in Section 7.7 hereof) to its shareholders and including such recommendation within such Form S-4; provided, however, that nothing contained in this Section 7.3 shall prohibit the Board of Trustees of the Trust from failing to make or withdrawing such recommendation or using their reasonable best efforts to obtain such approval if the Board of Trustees of the Trust has determined in good faith, after consultation with and based upon the advice of counsel, that such action is necessary for such Board of Trustees to comply with its fiduciary duties to its stockholders under applicable law. It shall be a condition to the mailing of the Form S-4 that (i) Lexington shall have received a "comfort" letter from Ernst & Young, independent public accountants for the Trust, dated as of a date within two business days before the date on which the Form S-4 shall become effective, with respect to the financial statements of the Trust included or incorporated in the Form S-4, in form and substance reasonably satisfactory to Lexington, and customary in scope and substance for "comfort" letters delivered by independent public accountants in connection with registrationregistration 26 32 statements and proxy statements similar to the Form S-4, and (ii) the Trust shall have received a "comfort" letter from KPMG Peat Marwick, independent public accountants for Lexington, dated as of a date within two business days before the date on which the Form S-4 shall become effective, with respect to the financial statements of Lexington included or incorporated in the Form S-4, in form and substance reasonably satisfactory to the Trust, and customary in scope and substance for "comfort" letters delivered by independent public accountants in connection with registration statements and proxy statements similar to the Form S-4.

Meeting of Stockholders. The Trust (a) NGRU will take all action necessary in accordance with applicable law and its Declaration respective Certificate of Trust and other organizational documents Incorporation, to convene a an annual or special meeting of its shareholders stockholders (the "NGRU MEETING") as promptly as practicable to consider and vote upon the approval of this Agreement and the transactions contemplated herebyhereby including the change of control of NGRU, the Charter Amendment, the Reverse Split and the NGRU Divestiture. The Board of Trustees Directors of the Trust, subject to Section 7.1, NGRU shall unanimously recommend that its shareholders stockholders approve this Agreement and the transactions contemplated hereby and the adoption of an amendment to its Declaration of Trust authorizing merger, and the Trust NGRU shall use its reasonable best efforts to obtain such approval, including, without limitation, by timely mailing the proxy statement/prospectus contained in the Form S-4 (as defined in Section 7.7 hereof) to its shareholders and including such recommendation within such Form S-4; provided, however, that nothing contained in this Section 7.3 6.2 shall prohibit the Board directors of Trustees of the Trust NGRU from failing to make or withdrawing such recommendation or using their reasonable best efforts to obtain such approval if the Board of Trustees of the Trust has such directors have determined in good faith, after consultation with and based upon the advice of their respective outside legal counsel, that such action is necessary for such Board of Trustees directors to comply with its their fiduciary duties to its NGRU's stockholders under applicable law. It shall be a condition to . (b) As promptly as practicable following the mailing date hereof, but in any event no later than the later of the Form S-4 that fifth business day (i) Lexington shall have received or, if such day is not a "comfort" letter from Ernst & Young, independent public accountants for the Trust, dated as of a date within two business days before the date on which the Form S-4 SEC is open to receive filings, then the next such day thereafter) after NGRU has received all of the information it reasonably requires from BPOMS in connection with the preparation of the Proxy Statement (as defined below) and September 22, 0000, XXXX shall become effectiveprepare and, following review and incorporation of reasonable comments by BPOMS (which review period shall be no greater than two business days), file with the SEC a preliminary proxy statement and form of proxy, or preliminary information statement, as permitted by Regulation 14A or 14C, as applicable, under the Securities Exchange Act of 1934, as amended ("EXCHANGE ACT") relating to the NGRU Meeting and the vote of the stockholders of NGRU with respect to this Agreement, the Merger, the transactions contemplated by this Agreement, the change of control of NGRU, the Charter Amendment, the Reverse Split and the NGRU Divestiture. As soon as practicable and permitted under applicable laws, NGRU shall prepare the related final proxy statement or final information statement (such final proxy statement or final information statement, the "PROXY STATEMENT"), mail such Proxy Statement to its shareholders and file such Proxy Statement with the SEC. BPOMS shall promptly furnish all information about itself and its business and operations and all necessary financial information to NGRU as it may reasonably request in connection with the preparation of the Proxy Statement, it being understood that prior to execution of this Agreement, NGRU has requested BPOMS to provide NGRU with all financial and other information required by Regulation 14A under the Exchange Act to be disclosed in the Proxy Statement with regard to BPOMS and its business, operations and financial condition, and the acquisition and financing transactions permitted by Sections 6.9(a)(B) and 6.9(a)(C). BPOMS shall ensure that the financial statements to be included in the Proxy Statement (i) are prepared in accordance with GAAP applied on a consistent basis throughout the periods involved (except as may be indicated in the footnotes thereto and that the interim financial statements may not have notes thereto and other presentation items that may be required by GAAP and are subject to normal and recurring year-end adjustments that are not reasonably expected to be material in amount), (ii) fairly present in all material respects the consolidated financial position and operating results and cash flows of the Trust included or incorporated issuer of the financial statements as of the dates and for the periods indicated therein, (iii) comply as to form in all material respects with the published rules and regulations of the SEC as would be applicable thereto if the issuer of the financial statements were subject to the reporting requirements of the Exchange Act, and (iv) in the Form S-4case of the interim financial statements, in form and substance reasonably satisfactory have been reviewed by the auditor of BPOMS to Lexingtonthe same extent as if the issuer of the financial statements were subject to the reporting requirements of the Exchange Act. (c) As promptly as practicable following the date hereof, and customary in scope any event on or before September 12, 2006 ("INFORMATION DEADLINE"), NGRU shall deliver to BPOMS a draft of the preliminary proxy statement containing all information required to be included therein, other than such information as is to be provided by or is dependent upon information provided by BPOMS pursuant to Section 6.2(b) above. (d) For each day, if any, past the Information Deadline that any information requested prior to the Information Deadline pursuant to Section 6.2(b) above has not been delivered to NGRU, BPOMS shall pay to NGRU in cash $5,000, with such payments to be made in arrears, through and substance for "comfort" letters delivered by independent public accountants including the final date of delivery to NGRU of the information, on a weekly basis every Friday, commencing September 15, 2006, with the final payment to be made on the final date of delivery to NGRU of the information. If, on or after the Information Deadline, NGRU reasonably requests additional information or clarification from BPOMS in connection with registrationthe preparation of the proxy statement, then BPOMS shall have one (1) business day to provide the additional requested information or clarification to NGRU. If such additional requested information or clarification is not provided to NGRU within such timeframe, then BPOMS shall pay to NGRU in cash $5,000 for each day that delivery of such information is delayed, with payments to be made on a weekly basis in the manner described above in this Section 6.2(c).