REGISTRATION FAILURE. In the event of a Registration Failure (as defined in the Warrants), the Buyers shall be entitled to Failure Payments (as defined in the Warrants) and such other rights as set forth in the Warrants.
Appears in 11 contracts
Samples: Registration Rights Agreement (Alphatec Holdings, Inc.), Registration Rights Agreement (Infinity Pharmaceuticals, Inc.), Registration Rights Agreement (IMRIS Inc.)
REGISTRATION FAILURE. In the event of a Registration Failure (as defined in the Warrants), the Buyers Buyer shall be entitled to Failure Payments (as defined in the Warrants) and such other rights as set forth in the Warrants.
Appears in 5 contracts
Samples: Registration Rights Agreement (ESSA Pharma Inc.), Registration Rights Agreement (Exelixis, Inc.), Registration Rights Agreement (Exelixis Inc)
REGISTRATION FAILURE. In the event of a Registration Failure (as defined in the Warrants), the Buyers Investors shall be entitled to Failure Payments (as defined in the Warrants) and such other rights as set forth in the Warrants.
Appears in 4 contracts
Samples: Registration Rights Agreement (Endologix Inc /De/), Registration Rights Agreement (Endologix Inc /De/), Facility Agreement (Endologix Inc /De/)
REGISTRATION FAILURE. In the event of a Registration Failure (as defined in the Warrants), the Buyers Investors shall be entitled to Failure Payments (as defined in the Warrants) and such other rights as set forth in the WarrantsWarrants and, subject to any applicable cure periods, all payments and remedies provided under the Credit Agreement upon the occurrence of an Event of Default.
Appears in 4 contracts
Samples: Registration Rights Agreement (Sunpower Corp), Registration Rights Agreement (Lannett Co Inc), Registration Rights Agreement (Lannett Co Inc)
REGISTRATION FAILURE. In the event of a Registration Failure (as defined in the WarrantsWarrants and/or Notes, as applicable), the Buyers shall be entitled to Failure Payments (as defined in the WarrantsWarrants and/or Notes, as applicable) and such other rights as set forth in the WarrantsWarrants and/or Notes, as applicable.
Appears in 2 contracts
Samples: Registration Rights Agreement (Tengion Inc), Registration Rights Agreement (Tengion Inc)
REGISTRATION FAILURE. In the event of a Registration Failure (as defined in the WarrantsWarrant), the Buyers Buyer shall be entitled to Failure Payments (as defined in the WarrantsWarrant) and such other rights as set forth in the WarrantsWarrant.
Appears in 2 contracts
Samples: Registration Rights Agreement (MiddleBrook Pharmaceuticals, Inc.), Registration Rights Agreement (Dynavax Technologies Corp)
REGISTRATION FAILURE. In the event of a Registration Failure (as defined in the WarrantsNotes), the Buyers shall be entitled to Failure Payments (as defined in the WarrantsNotes) and such other rights as set forth in the WarrantsNotes and the Facility Agreement.
Appears in 1 contract
REGISTRATION FAILURE. In the event of a Registration Failure (as defined in the Warrants), the Buyers Buyer shall be entitled to the applicable Failure Payments (as defined in the Warrants) and such other rights as set forth in the Warrants.
Appears in 1 contract
REGISTRATION FAILURE. In the event of a Registration Failure (as defined in the WarrantsWarrants and the Convertible Notes), the Buyers shall be entitled to Failure Payments (as defined in the Warrants) and such other rights as set forth in the WarrantsWarrants and the Convertible Notes.
Appears in 1 contract
REGISTRATION FAILURE. In the event of a Registration Failure (as defined in the Warrants), as the Buyers exclusive monetary remedy therefore, the Buyer shall be entitled to Failure Payments (as defined in the Warrants) and such other rights as set forth in the Warrants.
Appears in 1 contract
Samples: Registration Rights Agreement (Third Wave Technologies Inc /Wi)
REGISTRATION FAILURE. In the event of a Registration Failure (as defined in the Warrants), the Buyers shall be entitled to Failure Payments (as defined in the Warrants) and such other rights as set forth in the Warrants, subject to all limitations set forth in the Warrants.
Appears in 1 contract
Samples: Registration Rights Agreement (Titan Pharmaceuticals Inc)
