Common use of Remedies Upon an Event of Default Clause in Contracts

Remedies Upon an Event of Default. (a) If an Event of Default occurs pursuant to Section 7.1(a), each Investor shall have such remedies as are set forth in their Note. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied following written notice provided by the Requisite Holder to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holder may declare, by written notice to the Company, effective immediately, all outstanding obligations by the Company under the Transaction Documents to be immediately due and payable in immediately available funds and the Investors shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied following written notice provided by the Requisite Holders to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holders may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Requisite Holder’s notice.

Remedies Upon an Event of Default. (a) If an Event of Default occurs pursuant to Section 7.1(a), each the Investor shall have such remedies as are is set forth in their the Note. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied following written notice provided by the Requisite Holder to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Sections 5.1(c) and 7.1(c) or Section 7.1(c)3.2 of the Note, or (ii) ten (10) Business Days for all other Events of Default, provided, however, that there shall be no cure period for an Event of Default occurring pursuant to described in Section 7.1(b2.1(i), 2.1(j) or 2.1(k) of the Requisite Holder Note, the Investor may declare, by written notice to the Company, effective immediately, all outstanding obligations by the Company under the Transaction Documents to be immediately due and payable in immediately available funds and the Investors Investor shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied following written notice provided by the Requisite Holders to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Sections 5.1(c) and 7.1(c) or Section 7.1(c)3.2 of the Note, or (ii) ten (10) Business Days for all other Events of Default, provided, however, that there shall be no cure period for an Event of Default occurring pursuant to described in Section 7.1(b2.1(i), 2.1(j) or 2.1(k) of the Requisite Holders Note, the Investor may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Requisite HolderInvestor’s notice.

Remedies Upon an Event of Default. (a) If an Event of Default occurs pursuant to Section 7.1(a), each the Investor shall have such remedies as are is set forth in their the Note. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied following written notice provided by the Requisite Holder to the Company within (i) two (2) Business Days of written notice thereof for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days of written notice thereof for all other Events of Default, provided, however, that there shall be no cure period for an Event of Default occurring pursuant to Section 7.1(b)described in 2.1(j) or 2.1(k) of the Note, the Requisite Holder Investor may declare, by written notice to the Company, effective immediately, all outstanding obligations (if any) by the Company under the Transaction Documents to be immediately due and payable in immediately available funds and the Investors Investor shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied following written notice provided by the Requisite Holders to the Company within (i) two (2) Business Days of written notice thereof for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days of written notice thereof for all other Events of Default, provided, however, that there shall be no cure period for an Event of Default occurring pursuant to Section 7.1(b)described in 2.1(j) or 2.1(k) of the Note, the Requisite Holders Investor may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Requisite HolderInvestor’s notice.

Remedies Upon an Event of Default. (a) If an Event of Default occurs pursuant to Section 7.1(a), each the Investor shall have such remedies as are set forth in their the Note. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied following written notice provided by the Requisite Holder to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s or any Subsidiary’s failure to comply with Section 7.1(c), or (ii) ten five (105) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holder Investor may declare, by written notice to the CompanyCompany or the applicable Subsidiary, effective immediately, all outstanding obligations by the Company or the applicable Subsidiary under the Transaction Documents to be immediately due and payable in immediately available funds and the Investors Investor shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied following written notice provided by the Requisite Holders to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten five (105) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holders Investor may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Requisite HolderInvestor’s notice.

Remedies Upon an Event of Default. (a) If an Event of Default occurs pursuant to Section 7.1(a), each Investor shall have such remedies as are set forth in their Note. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied following written notice provided by the Requisite Holder to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holder may declare, by written notice to the Company, effective immediately, all outstanding obligations by the Company under the Transaction Documents to be immediately due and payable in immediately available funds and the Investors shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied following written notice provided by the Requisite Holders Holder to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holders Holder may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Requisite Holder’s notice.

Remedies Upon an Event of Default. (a) If an Event of Default occurs pursuant to Section 7.1(a), each Investor the Investors and the Holder Representative, as applicable, shall have such remedies as are set forth in their Notethe Notes. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied following written notice provided by the Requisite Holder to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holder Representative may declare, by written notice to the Company, effective immediately, all outstanding obligations by the Company under the Transaction Documents to be immediately due and payable in immediately available funds and the Investors shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied following written notice provided by the Requisite Holders to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holders Holder Representative may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Requisite HolderHolder Representative’s notice.

Remedies Upon an Event of Default. (a) If an Event of Default occurs pursuant to Section 7.1(a), each Investor the Investors shall have such remedies as are set forth in their Notethe Notes. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied following written notice provided by the Requisite Holder Investors to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holder Lead Investor may declare, by written notice to the Company, effective immediately, all outstanding obligations by the Company under the Transaction Documents to be immediately due and payable in immediately available funds and the Investors shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note the Notes into Conversion Shares. (c) If any Event of Default occurs and is not remedied following written notice provided by the Requisite Holders Lead Investor to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holders Investors may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Requisite Holder’s Investors’ notice.

Remedies Upon an Event of Default. (a) If an Event of Default occurs pursuant to Section 7.1(a), each Investor shall have such remedies as are set forth in their Note. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied following written notice provided by the Requisite Holder Holders to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holder Holders may declare, by written notice to the Company, effective immediately, all outstanding obligations by the Company under the Transaction Documents to be immediately due and payable in immediately available funds and the Investors shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied following written notice provided by the Requisite Holders to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holders may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Requisite Holder’s Holders’ notice.

Remedies Upon an Event of Default. (a) If an Event of Default occurs pursuant to Section 7.1(a), each the Investor shall have such remedies as are is set forth in their the Note. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied following written notice provided by the Requisite Holder to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Sections 5.1(c) and 7.1(c) or Section 7.1(c)3.2 of the Note, or (ii) ten (10) Business Days from receipt of notice of an Event of Default for all other Events of Default, provided, however, that there shall be no cure period for an Event of Default occurring pursuant to described in Section 7.1(b2.1(i), 2.1(j) or 2.1(k) of the Requisite Holder Note, the Investor may declare, by written notice to the Company, effective immediately, all outstanding obligations by the Company under the Transaction Documents to be immediately due and payable in immediately available funds and the Investors Investor shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied following written notice provided by the Requisite Holders to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Sections 5.1(c) and 7.1(c) or Section 7.1(c)3.2 of the Note, or (ii) ten (10) Business Days from receipt of notice of an Event of Default for all other Events of Default, provided, however, that there shall be no cure period for an Event of Default occurring pursuant to described in Section 7.1(b2.1(i), 2.1(j) or 2.1(k) of the Requisite Holders Note, the Investor may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Requisite HolderInvestor’s notice.

Remedies Upon an Event of Default. (a) If an Event of Default occurs pursuant to Section 7.1(a), each the Investor shall have such remedies as are set forth in their the Note. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied following written notice provided by the Requisite Holder to the Company within (i) two three (23) Business Days for an Event of Default occurring by the Company’s or any Subsidiary’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Investor may declare, by notice to the Company or the applicable Subsidiary, as applicable, effective immediately, all outstanding obligations by the Company or the applicable Subsidiary, as applicable, under the Transaction Documents to be immediately due and payable in immediately available funds and the Investor shall have no obligation to consummate any Closing under this Agreement. (c) If any Event of Default occurs and is not remedied within (i) three (3) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holder may declare, by written notice to the Company, effective immediately, all outstanding obligations by the Company under the Transaction Documents to be immediately due and payable in immediately available funds and the Investors shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied following written notice provided by the Requisite Holders to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holders Investor may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Requisite HolderInvestor’s notice.

Remedies Upon an Event of Default. (a) If an Event of Default occurs pursuant to Section 7.1(a), each the Investor shall have such remedies as are set forth in their the Note. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and that is not remedied following written notice provided by the Requisite Holder to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s or any Subsidiary’s failure to comply with Section 7.1(c), or (ii) ten five (105) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holder Investor may declare, by written notice to the CompanyCompany or the applicable Subsidiary, effective immediately, all outstanding obligations by the Company or the applicable Subsidiary under the Transaction Documents to be immediately due and payable in immediately available funds and the Investors Investor shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied following written notice provided by the Requisite Holders to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten five (105) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holders Investor may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Requisite HolderInvestor’s notice.

Remedies Upon an Event of Default. (a) If an Event of Default occurs pursuant to Section 7.1(a), each the Investor shall have such remedies as are set forth in their the Note. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied following written notice provided by the Requisite Holder to the Company within (i) two ten (210) Business Days for an Event of Default occurring by the Company’s or any Subsidiary’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holder Investor may declare, by written notice to the CompanyCompany or the applicable Subsidiary, effective immediately, all outstanding obligations by the Company or the applicable Subsidiary under the Transaction Documents to be immediately due and payable in immediately available funds and the Investors Investor shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied following written notice provided by the Requisite Holders to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten five (105) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holders Investor may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Requisite HolderInvestor’s notice.

Remedies Upon an Event of Default. (a) If an Event of Default occurs pursuant to Section 7.1(a), each the Investor shall have such remedies as are set forth in their Notethe Debenture. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied following written notice provided by the Requisite Holder to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holder Investor may declare, by written notice to the Company, effective immediately, all outstanding obligations by the Company under the Transaction Documents to be immediately due and payable in immediately available funds and the Investors Investor shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note Debenture into Conversion Shares. (c) If any Event of Default occurs and is not remedied following written notice provided by the Requisite Holders to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holders Investor may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Requisite HolderInvestor’s notice. (d) In addition to all other remedies available to the Investor, upon an Event of Default, any Investor Party, as applicable, shall have the right to seek indemnification from the Company, as provided in Section 5.12 hereof.

Remedies Upon an Event of Default. (a) If an Event of Default occurs pursuant to Section 7.1(a), each the Investor shall have such remedies as are set forth in their the Note. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied following written notice provided by the Requisite Holder to the Company within (i) two three (23) Business Days for an Event of Default occurring by the Company’s or any Subsidiary’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Investor may declare, by notice to the Company or the applicable Subsidiary, as applicable, effective immediately, all outstanding obligations by the Company or the applicable Subsidiary, as applicable, under the Transaction Documents to be immediately due and payable in immediately available funds and the Investor shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of the Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied within (i) three (3) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holder may declare, by written notice to the Company, effective immediately, all outstanding obligations by the Company under the Transaction Documents to be immediately due and payable in immediately available funds and the Investors shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied following written notice provided by the Requisite Holders to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holders Investor may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Requisite HolderInvestor’s notice.

Remedies Upon an Event of Default. (a) If an Event of Default occurs pursuant to Section 7.1(aSection7.1(a), each the Investor shall have such remedies as are set forth in their the Note. (b) If an Event of Default occurs pursuant to Section 7.1(bSection7.1(b) or Section 7.1(cSection7.1(c) and is not remedied following written notice provided by the Requisite Holder to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s or any Subsidiary’s failure to comply with Section 7.1(cSection7.1(c), or (ii) ten five (105) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holder Investor may declare, by written notice to the CompanyCompany or the applicable Subsidiary, effective immediately, all outstanding obligations by the Company or the applicable Subsidiary under the Transaction Documents to be immediately due and payable in immediately available funds and the Investors Investor shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied following written notice provided by the Requisite Holders to the Company within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(cSection7.1(c), or (ii) ten five (105) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Requisite Holders Investor may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Requisite HolderInvestor’s notice.