Purchaser’s Rights if Trading in Common Stock is Suspended or Delisted. If at any time while the Purchaser (or any assignee thereof) owns any Securities, less than $400,000 of the Common Stock trades on the OTC Bulletin Board in any one week or there are fewer than six (6) market makers actively making a market in the Common Stock (or, if after the Closing Date the Common Stock is listed on any of the exchange, markets or trading facilities contemplated in Section 3.9, if the Common Stock is delisted or suspended from trading on such exchange, market or trading facility, other than as a result of the suspension of trading in securities on such market or exchange generally, or temporary suspensions pending the release of material information) for more than three (3) Trading Days, then, notwithstanding anything to the contrary contained in any Transaction Document, at the Purchaser's option exercisable by five (5) Business Days prior written notice to the Company, the Company shall repay the entire principal amount of then outstanding Debentures (and all accrued and unpaid interest thereon) and redeem all then outstanding Underlying Shares then held by the Purchaser, at an aggregate purchase price equal to the sum of (I) the aggregate outstanding principal amount of Debentures then held by the Purchaser divided by the Conversion Price on (a) the day prior to the date of such suspension or delisting, (b) the day of such notice or (c) the date of payment in full of the repurchase price calculated under this Section, whichever is less, and multiplied by the Average Price preceding (x) the day prior to the date of such suspension or delisting, (y) the day of such notice and (z) the date of payment in full of the repurchase price calculated under this Section, whichever is greater, (II) the aggregate of all accrued but unpaid interest and other non-principal amounts (including liquidated damages, if any) then payable in respect of all Debentures to be repaid, (III) the number of Underlying Shares then held by the Purchaser multiplied by the Average Price immediately preceding (x) the day prior to the date of such suspension or delisting, (y) the date of the notice or (z) the date of payment in full by the Company of the repurchase price calculated under this Section, whichever is greater, and (IV) interest on the amounts set forth in I - III above accruing from the 5th day after such notice until the repurchase price under this Section is paid in full at the rate of 15% per annum. ...
Purchaser’s Rights. The Purchaser is granted a perpetual, free of charge and non-exclusive right to utilise the various parts of the scope of delivery/product (expanded right of disposal), included in the contractor's ownership rights that are a part of the scope of delivery. The Expanded right of disposal comprises a right to use, copy, modify of develop the various parts of the scope of delivery, either on its own or with the assistance of a third party. The Purchaser is entitled to confer its expanded right of disposal on another public body, unless otherwise specifically agreed.
Purchaser’s Rights. 32.1. The Purchaser has the right to quiet possession of the hired Goods, and the hired Goods shall be not be encumbered by any form of security.
32.2. Where a defect in any of the hired Goods arises under proper and normal use by the Purchaser the Supplier must, at its expense and without delay:
32.2.1. repair the defective Goods; or
32.2.2. remove the defective Goods and replace them with non-defective Goods of the same type and upon the same terms as the original hired Xxxxx.
Purchaser’s Rights. If you purchase these securities you will have certain rights, some of which are described below. For information about your rights you should consult a lawyer.
Purchaser’s Rights. Notwithstanding anything to the contrary contained herein, the exercise by the Purchaser of its rights hereunder shall not release the Seller from any of its duties or responsibilities with respect to the Purchased Items. The Purchaser shall not have any obligation or liability with respect to any Purchased Items, nor shall any of them be obligated to perform any of the obligations of the Seller hereunder.
Purchaser’s Rights. (a) Purchasers, and their designated affiliates, are hereby granted the right to purchase, on a pro rata basis, up to all securities to be issued by the Company in a proposed financing (each a “Proposed Financing”) consummated on or prior to June 30, 2018, including, but not limited to equities, warrants, preferred stock, any form of convertible debt and any other form of equities that are dilutive to the current shareholders. Accordingly, the Company shall provide notice (“Participation Notice”) of a Proposed Financing to all Purchasers, which notice shall provide Purchasers a five business day period to notify the Company of such Purchaser’s intention to participate. For the avoidance of doubt, in the event any Purchaser does not respond to the Participation Notice or declines to exercise its right to participate, the Company shall be entitled to offer such pro rata portion of the securities to be issued in the Proposed Financing to third party investors.
(b) In the event that the Company receives at least $5,000,000 of gross proceeds pursuant to this Offering, the Purchaser(s) (nominating and appointing on a pro rata basis) shall have the right to designate two directors to fill vacant seats on the Board of Directors of the Company, of which one director shall be the co-chair of the Strategic Committee of the Board of Directors, to be formed upon Closing. The Company’s Board of Directors shall promptly take all appropriate action to appoint Purchaser(s) designees to fill vacant seats of the Board of Directors of the Company and shall include such Purchaser(s) designees (or any alternate designees requested by Purchasers) on management’s slate of directors to be voted upon at any Annual Meeting of Stockholders, if any. For the avoidance of doubt, in the event the Company prepares to and is approved to uplist the Company’s Common Stock on any one of the New York Stock Exchange, Amex Exchange, The Nasdaq Stock Exchange, including the Nasdaq Capital Markets, London Stock Exchange, including AIM, or any other major stock exchange in the United States of America, then one of the two Purchaser(s)’s director nominees shall resign as a member of the Company’s Board of Directors, which conditional resignation shall be a contractual obligation of such nominee’s appointment. The Company hereby agrees to obtain or show proof of directors and officers insurance policy which policy shall be reasonably acceptable to the Purchaser(s) and the Purchasers’ director nominee...
Purchaser’s Rights. Purchaser shall have an exclusive option to acquire, at its sole election and on the terms and conditions set forth herein, all, but not less than all, of the Seller Shares, which option may be exercised at any time during the Call Option Period. In connection therewith, each Seller hereby grants to Purchaser an exclusive right, exercisable at any time during the Call Option Period, to acquire all, but not less than all, of the Seller Shares held by such Seller on the terms set forth in this Section 1.1 (the “Call Option”).
Purchaser’s Rights. Purchaser shall have the right, but not the obligation, to take, at the Company's sole expense, any actions that the Company is required under this Agreement to take but which the Company fails to take, after fifteen (15) days' notice to the Company. The Company shall reimburse and indemnify Purchaser for all reasonable costs and reasonable expenses incurred in the reasonable exercise of its rights under this Section 5.1((d)).
Purchaser’s Rights. You have two business days to cancel your agreement to purchase these securities. If there is a misrepresentation in this Offering Memorandum, you have the right to xxx either for damages or to cancel this agreement. See item 11.
Purchaser’s Rights. Anything in this Section 7.2 to the contrary notwithstanding, Seller shall not, without the written consent of Purchaser, which consent shall not be unreasonably withheld or delayed, settle or compromise any action or consent to the entry of any judgment which (i) includes any actions to be taken or not taken by Purchaser or (ii) does not include as an unconditional term thereof the giving by the claimant or the plaintiff to Purchaser of a full and unconditional release from all liability and obligation in respect of such action without any payment by Purchaser.
