Common use of Other Limitations Clause in Contracts

Other Limitations. Notwithstanding any other provision herein or in the Purchase Agreements, (i) the Filing Deadline and each Effectiveness Deadline for a Registration Statement shall be extended and any Maintenance Failure shall be automatically waived by no action of the Investors, in each case, without default by or liquidated damages payable by the Company hereunder in the event that the Company’s failure to make such filing or obtain such effectiveness or a Maintenance Failure results from the failure of an Investor to timely provide the Company with information requested by the Company and necessary to complete a Registration Statement in accordance with the requirements of the 1933 Act (in which case any such deadline would be extended, and a Maintenance Failure waived, with respect to all Registrable Securities until such time as the Investor provides such requested information) and (ii) in no event shall the aggregate amount of liquidated damages (or interest thereon) paid hereunder exceed, in the aggregate, 8% of the aggregate purchase price of the (A) Shares purchased by the Investors under the Investors’ Purchase Agreement or (B) Closing Securities purchased by Xxxxxxx Xxxxxxxx, Ph.D. under the Springer Purchase Agreement, as applicable.

Other Limitations. Notwithstanding any other provision herein or in the Purchase AgreementsAgreement, (i) the Filing Deadline and each Effectiveness Deadline for a Registration Statement shall be extended and any Maintenance Failure shall be automatically waived by no action of the Investors, in each case, without default by or liquidated damages payable by the Company hereunder in the event that the Company’s failure to make such filing or obtain such effectiveness or a Maintenance Failure results from the failure of an Investor to timely provide the Company with information requested by the Company and necessary to complete a Registration Statement in accordance with the requirements of the 1933 Act (in which case any such deadline would be extended, and a Maintenance Failure waived, with respect to all Registrable Securities until such time as the Investor provides such requested information) and (ii) in no event shall the aggregate amount of liquidated damages (or interest thereon) paid hereunder exceed, in the aggregate, 8% of the aggregate purchase price of the (A) Shares Closing Securities purchased by the Investors under the Investors’ Purchase Agreement or (B) Closing Securities purchased by Xxxxxxx Xxxxxxxx, Ph.D. under the Springer Purchase Agreement, as applicable.

Other Limitations. Notwithstanding any other provision herein or in the Purchase AgreementsAgreement, (i) the Filing Deadline and each Effectiveness Deadline for a Registration Statement shall be extended and any Maintenance Failure shall be automatically waived by no action of the Investors, in each case, without default by or liquidated damages payable by the Company hereunder in the event that the Company’s failure to make such filing or obtain such effectiveness or a Maintenance Failure results from the failure of an Investor to timely provide the Company with information requested by the Company and necessary to complete a Registration Statement in accordance with the requirements of the 1933 Act (in which case any such deadline would be extended, and a Maintenance Failure waived, with respect to all Registrable Securities until such time as the Investor provides such requested information) and (ii) in no event shall the aggregate amount of liquidated damages (or interest thereon) paid hereunder under this Agreement exceed, in the aggregate, 810% of the aggregate purchase price of the (A) Shares purchased by the Investors under the Investors’ Purchase Agreement or (B) Closing Securities purchased by Xxxxxxx Xxxxxxxx, Ph.D. under the Springer Purchase Agreement, as applicableShares.

Other Limitations. Notwithstanding any other provision herein or in the Purchase AgreementsAgreement, (i) the Filing Deadline and each Effectiveness Deadline for a Registration Statement shall be extended and any Maintenance Failure shall be automatically waived by no action of the Investors, in each case, without default by or liquidated damages payable by the Company hereunder in the event that the Company’s failure to make such filing or obtain such effectiveness or a Maintenance Failure results from the failure of an Investor to timely provide the Company with information requested by the Company and necessary to complete a Registration Statement in accordance with the requirements of the 1933 Act (in which case any such deadline would be extended, and a Maintenance Failure waived, with respect to all Registrable Securities until such time as the Investor provides such requested information) and (ii) in no event shall the aggregate amount of liquidated damages (or interest thereon) paid hereunder exceed, in the aggregate, 8% of the aggregate purchase price of the (A) Shares purchased by the Investors under the Investors’ Purchase Agreement or (B) Closing Securities purchased by Xxxxxxx Xxxxxxxx, Ph.D. under the Springer Purchase Agreement, as applicable.

Other Limitations. Notwithstanding any other provision herein or in the Purchase AgreementsAgreement, (i) the Filing Deadline and each Effectiveness Deadline for a Registration Statement shall be extended and any Maintenance Failure shall be automatically waived by no action of the InvestorsPurchaser, in each case, without default by or liquidated damages payable by the Company hereunder in the event that the Company’s failure to make such filing or obtain such effectiveness or a Maintenance Failure results from the failure of an Investor Purchaser to timely provide the Company with information requested by the Company and necessary to complete a Registration Statement in accordance with the requirements of the 1933 Act (in which case any such deadline would be extended, and a Maintenance Failure waived, with respect to all Registrable Securities until such time as the Investor Purchaser provides such requested information) and (ii) in no event shall the aggregate amount of liquidated damages (or interest thereon) paid hereunder exceed, in the aggregate, 8% of the aggregate purchase price of the (A) Shares purchased by the Investors Purchaser under the Investors’ Purchase Agreement or (B) Closing Securities purchased by Xxxxxxx Xxxxxxxx, Ph.D. under the Springer Purchase Agreement, as applicable.

Other Limitations. Notwithstanding any other provision herein or in the Purchase AgreementsAgreement, (i) the Filing Deadline and each Effectiveness Deadline for a Registration Statement shall be extended and any Maintenance Failure shall be automatically waived by no action of the Investors, in each case, without default by or liquidated damages payable by the Company hereunder in the event that the Company’s failure to make such filing or obtain such effectiveness or a Maintenance Failure results from the failure of an Investor to timely provide the Company with information requested by the Company and necessary to complete a Registration Statement in accordance with the requirements of the 1933 Act (in which case any such deadline would be extended, and a Maintenance Failure waived, with respect to all Registrable Securities until such time as the Investor provides such requested information) and (ii) in no event shall the aggregate amount of liquidated damages (or interest thereon) paid hereunder exceed, in the aggregate, 8% of the aggregate purchase price of the (A) Shares purchased paid by the Investors under the Investors’ Purchase Agreement or (B) Closing Securities purchased by Xxxxxxx Xxxxxxxx, Ph.D. under the Springer Purchase Agreement, as applicable.

Other Limitations. Notwithstanding any other provision herein or in the Purchase Subscription Agreements, (i) the Filing Deadline and each Effectiveness Deadline for a Registration Statement shall be extended and any Maintenance Failure shall be automatically waived by no action of the Investors, in each case, without default by or liquidated damages payable by the Company hereunder in the event that the Company’s failure to make such filing or obtain such effectiveness or a Maintenance Failure results from the failure of an Investor to timely provide the Company with information requested by the Company and necessary to complete a Registration Statement in accordance with the requirements of the 1933 Act (in which case any such deadline would be extended, and a Maintenance Failure waived, with respect to all Registrable Securities until such time as the Investor provides such requested information) and (ii) in no event shall the aggregate amount of liquidated damages (or interest thereon) paid to an Investor hereunder exceed, in the aggregate, 86% of the aggregate purchase price of the (A) Shares and Warrants purchased by the Investors such Investor under the Investors’ Purchase Agreement or (B) Closing Securities purchased by Xxxxxxx Xxxxxxxx, Ph.D. under the Springer Purchase Agreement, as applicableSubscription Agreements.

Other Limitations. Notwithstanding any other provision herein or in the Purchase AgreementsAgreement, (i) the Filing Deadline and each Effectiveness Deadline for a Registration Statement shall be extended and any Maintenance Failure shall be automatically waived by no action of the Investors, in each case, without default by or liquidated damages payable by the Company hereunder in the event that the Company’s failure to make such filing or obtain such effectiveness or a Maintenance Failure results from the failure of an Investor to timely provide the Company with information requested by the Company and necessary to complete a Registration Statement in accordance with the requirements of the 1933 Act (in which case any such deadline would be extended, and a Maintenance Failure waived, with respect to all Registrable Securities until such time as the Investor provides such requested information) and (ii) in no event shall the aggregate amount of liquidated damages (or interest thereon) paid hereunder exceed, in the aggregate, 8% of the aggregate purchase price of the (A) Shares purchased paid by the Investors under the Investors’ Purchase Agreement or (B) Closing Securities purchased by Xxxxxxx Xxxxxxxx, Ph.D. under the Springer Purchase Agreement, as applicable.

Other Limitations. Notwithstanding any other provision herein or in the Purchase AgreementsAgreement, (i) the Filing Deadline and each Effectiveness Deadline for a Registration Statement shall be extended and any Maintenance Failure shall be automatically waived by no action of the Investorswith respect to any Investor, in each case, without default by or liquidated damages payable by the Company hereunder to such Investor, in the event that the Company’s failure to make such filing or obtain such effectiveness or a Maintenance Failure results from the failure of an such Investor to timely provide the Company with information requested by the Company and necessary to complete a Registration Statement in accordance with the requirements of the 1933 Act (in which case any such deadline would be extended, and a Maintenance Failure waived, with respect to all Registrable Securities until such time as the Investor provides such requested information) and (ii) in no event shall the aggregate amount of liquidated damages (or not including interest thereon) paid hereunder under this Agreement exceed, in the aggregate, 8% of the aggregate purchase price of the (A) Shares purchased by the Investors under the Investors’ Purchase Agreement or (B) Closing Securities purchased by Xxxxxxx Xxxxxxxx, Ph.D. under the Springer Purchase Agreement, as applicableShares.