Remedies for Registrable Securities. In any case in which a Holder of Preferred Shares and/or Warrants has the right to cause the purchase of its securities under this Section 2(b), it shall also have the right to cause the Company to purchase the Registrable Securities that such Holder owns, in whole or in part at the Holder's option, at a purchase price equal to 120% of the product of (a) the greater of the last closing price of the Common Stock on (i) the date a Holder exercises its option pursuant to this Section 2(b) or (ii) the date on which the event triggering Holder's remedies under this Section 2(b) first occurred, multiplied by (b) the number of Registrable Securities being sold to the Company, payable in cash. In the case in which a Holder of Preferred Shares or Warrants would have the right to receive Monthly Delay Payments with respect to Preferred Shares or Warrants under Section 2(b), it shall also have the right to receive payments with respect to Registrable Securities owned by it in an amount at the rate of the Monthly Delay Payments that would have applied to the Preferred Shares or Warrants converted into or exercised for Common Shares had such Preferred Shares or Warrants not been converted or exercised.
Remedies for Registrable Securities. In any case in which a Holder of Debentures and/or Warrants has the right to cause the purchase of its securities under this Section 2(b), it shall also have the right to cause the purchase of the Registrable Securities that it owns, in whole or in part at the Holder's option, as follows: such shares shall be purchased at a price ("Common Purchase Price") equal to the Mandatory Repurchase Price of the Debentures which were converted into Common Shares or Warrants which were exercised for Common Shares. In the case in which a Holder of Debentures or Warrants would have the right to receive Monthly Delay Payments with respect to Debentures or Warrants under Section 2(b), it shall also have the right to receive payments with respect to Registrable Securities owned by it in an amount at the rate of the Monthly Delay Payments that would have applied to the Debentures or Warrants converted into or exercised for Common Shares had such Debentures or Warrants not been converted or exercised.
Remedies for Registrable Securities. In any case in which a Holder of Common Shares, Warrant Shares and/or Warrants has the right to cause the purchase of its securities under this Section 2(b), it shall also have the right to cause the Company to purchase any other Registrable Securities that such Holder owns, in whole or in part at the Holder's option, at a purchase price equal to 120% of the product of (a) the greater of the last closing price of the Common Stock on (i) the date a Holder exercises its option pursuant to this Section 2(b) or (ii) the date on which the event triggering Holder's remedies under this Section 2(b) first occurred, multiplied by (b) the number of Registrable Securities being sold to the Company, payable in cash.
Remedies for Registrable Securities. In any case in which a Holder of Preferred Shares has the right to cause the purchase of its Preferred Shares under this Section 2(b), it shall also have the right to cause the purchase of the Registrable Securities that it owns as follows: in the case of Common Shares issued to such Holder pursuant to conversion of Preferred Shares and Warrant Shares issued to such Holder pursuant to exercise of Warrants, such shares shall be purchased at a price per share ("Common Purchase Price") equal to the quotient obtained by dividing (I) the average of the closing bid and ask prices of a share of Common Stock on the Approved Market on which it is traded as of the time such Common Shares or Warrant Shares were received pursuant to conversion of Preferred Shares, purchase of the Preferred Shares or exercise of the Warrants, as the case may be, by (II) 85% (or such lower percentage as results from an increase in the conversion discount pursuant to the Certificate); provided, however, that such Holder may revoke such request at any time prior to receipt of such payment of such redemption price.
Remedies for Registrable Securities. In any case in which a Holder of Preferred Shares or Warrants has the right to cause the purchase of its Preferred Shares or Warrants under this Section 2(b), it shall also have the right to cause the purchase of the Registrable Securities that it owns at a price equal to the Mandatory Repurchase Price of the Preferred Shares and/or Warrants which were converted into or exercised for Common Shares. In the case in which a Holder of Preferred Shares or Warrants would have the right to receive Monthly Delay Payments with respect to Preferred Shares or Warrants under this Section 2(b), it shall also have the right to receive payments with respect to Registrable
Remedies for Registrable Securities. In any case in which a Holder of Convertible Instruments has the right to cause the purchase of its Convertible Instruments under this Section 2(b), it shall also have the right to cause the purchase of the Registrable Securities that it owns as follows: in the case of Common Shares issued to such Holder pursuant to conversion of Convertible Instruments, such shares shall be purchased at a price per share ("Common Purchase Price") equal to the closing bid price of a share of Common Stock on the Approved Market on which it is traded as of the time such Common Shares were received pursuant to conversion of Convertible Instruments; provided, however, that such Holder may revoke such request at any time prior to receipt of such payment of such redemption price. In the case in which a Holder of Convertible Instruments would have the right to receive default payments with respect to Convertible Instruments under Section 2(b), it shall also have the right to receive default payments with respect to Registrable Securities owned by it in an amount equal to two percent (2%) per 30-day period of the aggregate Common Purchase Price amount of such Registrable Securities.
Remedies for Registrable Securities. In any case in which a Holder of Preferred Shares has the right to cause the purchase of its Preferred Shares under this Section 2(b), it shall also have the right to cause the purchase of the Registrable Securities that it owns as follows: such shares shall be purchased at a price ("Common Purchase Price") equal to the Mandatory Repurchase Price of the Preferred Shares which were converted into Common Shares. In the case in which a Holder of Preferred Shares would have the right to receive Monthly Delay Payments with respect to Preferred Shares under Section 2(b), it shall also have the right to receive payments with respect to Registrable Securities owned by it in an amount at the rate of the Monthly Delay Payments that would have applied to the Preferred Shares converted into Common Shares had such Preferred Shares not been converted. EXHIBIT 10.3
Remedies for Registrable Securities. In any case in which a Holder of Notes has the right to cause the purchase of its Notes under this Section 2(b), such Holder shall also have the right to cause the purchase of the Registrable Securities that it owns as follows: such shares shall be purchased at the Mandatory Repurchase Price of the Notes which were converted into Common Shares. Notwithstanding the foregoing, no Holder shall have the right to cause the repurchase of Registrable Securities provided in this Section 2(b)(vii) if such Registrable Securities are subject to Effective Registration (as defined in the Purchase Agreement). In the case in which a Holder of Notes would have the right to receive Monthly Delay Payments with respect to Notes under Section 2(b), it shall also have the right to receive payments with respect to Registrable Securities owned by it in an amount at the rates set forth in Section 2(b)(i) above on the principal amount of the Notes converted into Common Shares.
