No Effective Registration. Notwithstanding anything to the contrary herein, the Corporation shall be prohibited from exercising its right to repay the Monthly Amount in shares of Common Stock (and must deliver cash in respect thereof) on the applicable Repayment Date if at any time from the Notice Date until the time at which the Holder receives such shares there fails to exist an effective registration statement or an Event of Default hereunder exists or occurs, unless otherwise waived in writing by the Holder in whole or in part at the Holder's option.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Nestor Inc), Convertible Note (Nestor Inc), Convertible Note (Nestor Inc)
No Effective Registration. Notwithstanding anything to the contrary herein, the Corporation Company shall be prohibited from exercising its right to repay the Monthly Amount in shares of Common Stock (and must deliver cash in respect thereof) on the applicable Repayment Date if at any time from the Notice Date until the time at which the Holder receives Holders receive such shares there fails to exist an effective registration statement Effective Registration or an Event of Default hereunder exists or occurs, unless otherwise waived in writing by the Holder in whole or in part at the Holder's option.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Genesisintermedia Com Inc), Debenture Agreement (Viragen Inc), Debenture Agreement (Viragen Inc)
No Effective Registration. Notwithstanding anything to the contrary herein, the Corporation shall be prohibited from exercising its right to repay the Monthly Amount in shares of Common Stock (and must deliver cash in respect thereof) on the applicable Repayment Date if at any time from the Notice Date until the time at which the Holder receives receive such shares (i) there fails to exist an effective registration statement or the holder cannot sell the shares pursuant to Rule 144(k), or (ii) an Event of Default hereunder exists or occurs, unless otherwise waived in writing by the Holder in whole or in part at the Holder's ’s option.
Appears in 1 contract
Samples: Securities Exchange Agreement (Jmar Technologies Inc)