Common use of Rescission and Withdrawal Right Clause in Contracts

Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever any Investor exercises a right, election, demand or option owed to such Investor by the Company under a Transaction Document and the Company does not timely perform its related obligations within the periods therein provided, then, prior to the performance by the Company of the Company’s related obligation, such Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

Appears in 50 contracts

Samples: Securities Purchase Agreement (Tauriga Sciences, Inc.), Note Purchase Agreement, Securities Purchase Agreement (NanoVibronix, Inc.)

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Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever any Investor exercises a right, election, demand or option owed to such Investor by the Company under a Transaction Document and the Company does not timely perform its related obligations within the periods therein provided, then, prior to the performance by the Company of the Company’s 's related obligation, such Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

Appears in 13 contracts

Samples: Securities Purchase Agreement (GRANDPARENTS.COM, Inc.), Securities Purchase Agreement (Tauriga Sciences, Inc.), Securities Purchase Agreement (Tauriga Sciences, Inc.)

Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever any Investor exercises a right, election, demand or option owed to such Investor by the Company under a Transaction Document and the Company does not timely perform its related obligations within the periods therein provided, then, prior to the performance by the Company of the Company’s related obligation, such Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Companysuch Seller, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Infosonics Corp), Securities Purchase Agreement (Buca Inc /Mn), Securities Purchase Agreement (Hythiam Inc)

Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documentsthis Agreement, whenever any the Investor exercises a right, election, demand or option owed to such the Investor by the Company under a Transaction Document this Agreement and the Company does not timely perform its related obligations within the periods therein provided, then, prior to the performance by the Company of the Company’s related obligation, such the Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Drugstore Com Inc), Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De), Stock Purchase Agreement (Drugstore Com Inc)

Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever any Investor exercises a right, election, demand or option owed to such Investor by the Company under a Transaction Document and the Company does not timely perform its related obligations within the periods therein providedprovided (including any applicable cure period), then, prior to the performance by the Company of the Company’s related obligation, such Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Akorn Inc), Securities Purchase Agreement (Akorn Inc), Securities Purchase Agreement (Akorn Inc)

Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever any the Investor exercises a right, election, demand or option owed to such the Investor by the Company under a Transaction Document and the Company does not timely perform its related obligations within the periods therein provided, then, prior to the performance by the Company of the Company’s related obligation, such the Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Companysuch seller, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Foxhollow Technologies, Inc.), Registration Rights Agreement (GTX Inc /De/)

Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documentsthis Agreement, whenever any an Investor exercises a right, election, demand or option owed to such the Investor by the Company under a Transaction Document this Agreement and the Company does not timely perform its related obligations within the periods therein provided, then, prior to the performance by the Company of the Company’s 's related obligation, such the Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Blue Dolphin Energy Co), Stock Purchase Agreement (Blue Dolphin Energy Co)

Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever any the Investor exercises a right, election, demand or option owed to such the Investor by the Company under a Transaction Document and the Company does not timely perform its related obligations within the periods therein provided, then, prior to the performance by the Company of the Company’s related obligation, such the Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Liberator Medical Holdings, Inc.), Securities Purchase Agreement (Silicom LTD)

Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever any Investor exercises a right, election, demand or option owed to such Investor by the Company under a Transaction Document and the Company does not timely perform its related obligations within the periods therein provided, then, prior to the performance by the Company of the Company’s 's related obligation, such Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Companysuch Seller, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Eagle Bulk Shipping Inc.), Securities Purchase Agreement (Bravo Foods International Corp)

Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, 36 whenever any Investor exercises a right, election, demand or option owed to such Investor by the Company under a Transaction Document and the Company does not timely perform its related obligations within the periods therein provided, then, prior to the performance by the Company of the Company’s related obligation, such Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Solar Power, Inc.)

Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever any Investor exercises a right, election, demand or option owed to such Investor by the Company under a Transaction Document and the Company does not timely perform its related obligations within the periods therein provided, then, prior to the performance by the Company of the Company’s related obligation, such Investor may rescind or withdraw, in its sole discretion discretion, from time to time upon written notice to the Company, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Vyyo Inc)

Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever any Investor exercises a right, election, demand or option owed to such Investor by the Company under a Transaction Document and the Company does not timely perform its related obligations within the periods therein provided, then, prior to the performance by provided and such failure of the Company to timely perform materially prejudices the rights of the Company’s related obligationsuch Investor, then such Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Tvia Inc)

Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever any Investor exercises a right, election, demand or option owed to such Investor by the Company under a Transaction Document and the Company does not timely perform its related obligations within the periods therein provided, then, prior to the performance by the Company of the Company’s related obligation, such Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Companysuch Investor, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (American Energy Group LTD)

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Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever any the Investor exercises a right, election, demand or option owed to such the Investor by the Company under a Transaction Document and the Company does not timely perform its related obligations within the periods therein provided, then, prior to the performance by the Company of the 26 Company’s related obligation, such the Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Companysuch seller, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

Appears in 1 contract

Samples: Stock Purchase Agreement (Merck & Co Inc)

Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever any the Investor exercises a right, election, demand or option owed to such the Investor by the Company under a Transaction Document and the Company does not timely perform its related obligations within the periods therein provided, then, prior to the performance by the Company of the Company’s 's related obligation, such the Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Kinderhook Partners, Lp)

Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever any an Investor exercises a right, election, demand or option owed to such Investor by the Company under a Transaction Document and the Company does not timely perform its related obligations within the periods therein provided, then, prior to the performance by the Company of the Company’s related obligation, such Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mandalay Media, Inc.)

Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) any of the other Transaction Documents, whenever any Investor the Purchaser exercises a right, election, demand or option owed to such Investor by the Company under a Transaction Document and the Company does not timely perform its related obligations within the periods therein provided, thenthen the Purchaser may, at any time prior to the performance by the Company of the Company’s related obligationperformance of such obligations, such Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

Appears in 1 contract

Samples: Vuzix Corporation Series a Preferred Stock Purchase Agreement (Vuzix Corp)

Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever any the Investor exercises a right, election, demand or option owed to such the Investor by the Company under a Transaction Document and the Company does not timely perform its related obligations within the periods therein provided, then, prior to the performance by the Company of the Company’s related obligation, such Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mandalay Media, Inc.)

Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever any Investor exercises a right, election, demand or option owed to such Investor by the Company under a Transaction Document and the Company does not timely perform its related obligations within the periods therein provided, then, prior to the performance by the Company of the Company’s 's related obligation, such Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Companysuch Seller, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.. 14

Appears in 1 contract

Samples: Securities Purchase Agreement (Cambridge Display Technology, Inc.)

Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained herein or in (and without limiting any similar provisions of) of the other Transaction Documents, whenever any Investor exercises a right, election, demand or option owed to such Investor by the Company under a Transaction Document and the Company does not timely perform its related obligations within the periods therein providedprovided (including any applicable cure period), then, prior to the performance by the Company of the Company’s related obligation, such Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Company, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

Appears in 1 contract

Samples: Registration Rights Agreement (Zoo Entertainment, Inc)

Rescission and Withdrawal Right. Notwithstanding anything to the contrary contained in (and without limiting any similar provisions of) the Transaction Documents, whenever any Investor exercises a right, election, demand or option owed to such Investor by the Company under a Transaction Document and the Company does not timely perform its related obligations within the periods therein providedprovided (including any applicable cure period), then, prior to the performance by the Company of the Company’s related obligation, such Investor may rescind or withdraw, in its sole discretion from time to time upon written notice to the Companysuch Seller, any relevant notice, demand or election in whole or in part without prejudice to its future actions and rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Akorn Inc)

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