Registration Delay Payments definition

Registration Delay Payments shall have the meaning set forth in Section 2(e).

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Registration Delay Payments has the meaning set forth in Section 4.7(b).

Registration Delay Payments is defined in Section 2(k).

Examples of Registration Delay Payments in a sentence

The first such Registration Delay Payment shall be paid within three (3) Business Days after the event or failure giving rise to such Registration Delay Payment occurred and all other Registration Delay Payments shall be paid on the earlier of (I) the last day of the calendar month during which such Registration Delay Payments are incurred and (II) the third (3rd) Business Day after the event or failure giving rise to the Registration Delay Payments is cured.
The first such Registration Delay Payment shall be paid within three Business Days after the event or failure giving rise to such Registration Delay Payment occurred and all other Registration Delay Payments shall be paid on the earlier of (I) the last day of the calendar month during which such Registration Delay Payments are incurred and (II) the third Business Day after the event or failure giving rise to the Registration Delay Payments is cured.
The payments to which a holder shall be entitled pursuant to this Section 12.2 are referred to herein as “Registration Delay Payments”; provided that no Registration Delay Payments shall be required following the termination of the Reporting Period, and provided further that in no event shall the aggregate Registration Delay Payments accruing under this Section 12.2 exceed 6% of the principal amount of the Notes (i.e., corresponding to a total delay of up to six months).
The payments to which a holder shall be entitled pursuant to this Section (c) are referred to herein as “Registration Delay Payments”; provided, that no Registration Delay Payments shall be required following the termination of the Reporting Period; provided further, that in no event shall the aggregate Registration Delay Payments accruing under this Section (c) exceed ten percent (10%) of a holder’s Pro Rata Interest in the Aggregate Purchase Price (i.e., corresponding to a total delay of six (6) months).
For the avoidance of doubt, no more than one Registration Delay Payment shall be payable by the Company at any given time, notwithstanding that more than one failure giving rise to a Registration Delay Payment shall have occurred and is continuing (e.g., a Filing Failure and an Effectiveness Failure continuing simultaneously); provided, that, Registration Delay Payments shall continue in accordance with this Section 4.20(b) until all failures giving rise to such payments are cured.

More Definitions of Registration Delay Payments

Registration Delay Payments. For the purpose of clarity, if a Filing Failure, Effectiveness Failure or Maintenance Failure is continuing for 45 days, the amount of such Registration Delay Payments that shall have accrued would be an amount equal to 3.0% of the aggregate Purchase Price of such Investor's Registrable Securities included in such Registration Statement. Registration Delay Payments shall be paid on the day of the Filing Failure, Effectiveness Failure or the initial day of Maintenance Failure, as applicable, and thereafter on the earlier of (I) on the thirtieth day after the event or failure giving rise to the Registration Delay Payments are incurred and (II) the third Business Day after the event or failure giving rise to the Registration Delay Payments is cured. In the event the Company fails to make Registration Delay Payments in a timely manner, such Registration Delay Payments shall bear interest at the rate of one and one-half percent (1.5%) per month (prorated for partial months) until paid in full. Notwithstanding anything herein or in the Securities Purchase Agreement to the contrary, (i) no Registration Delay Payments shall be due and payable with respect to the Warrants or the Warrant Shares and (ii) in no event shall the aggregate amount of Registration Delay Payments (other than Registration Delay Payments payable pursuant to events that are within the control of the Company) exceed, in the aggregate, 10% of the aggregate Purchase Price. Notwithstanding anything herein to the contrary, if the applicable Effective Date has occurred and the Company has paid to the Investors the Registration Delay Payments (including any accrued interest thereon, if any), the Investors shall not be entitled to seek any additional cash damages from any court, administrative body, tribunal or authority against the Company with respect to such Filing Failure, Effectiveness Failure, and/or Maintenance Failure, as applicable; provided, however, that this sentence shall not preclude any Investor from seeking or obtaining remedies or exercising any rights of such Investor under any other Transaction Document (as defined in the Securities Purchase Agreement).

Registration Delay Payments shall have the meaning assigned to such term in Section 2(g).

Registration Delay Payments has the meaning ascribed to such term in Section 4.5.

Registration Delay Payments shall be calculated on a cumulative basis and paid within five (5) Business Days of the Event Date and each monthly anniversary thereof. If the Company fails to make Registration Delay Payments in a timely manner, such Registration Delay Payments shall bear interest at the rate of 2.0% per month (or the maximum rate permitted by law), pro-rated for partial months, until paid in full. Notwithstanding anything to the contrary, the Company shall not be required to make any Registration Delay Payments if an Event described above arises solely as a result of (i) comments by the Commission relating to or directed at any of the Holders in connection with a Registration Statement and no other comments relating to the Registration Statement remain outstanding or (ii) the fact that the Commission refuses to accept or review a Registration Statement because shares of Common Stock issuable upon exercise of the Adjustment Warrants are being included in such Registration Statement unless the Company refuses to permit all other Registrable Securities to immediately go effective in such initial Registration Statement.

Registration Delay Payments. Registration Delay Payments shall be paid on the day of the Filing Failure, Effectiveness Failure and the initial day of a Maintenance Failure, as applicable, and thereafter on the earlier of (I) the thirtieth day after the event or failure giving rise to the Registration Delay Payments has occurred and (II) the third Business Day after the event or failure giving rise to the Registration Delay Payments is cured. In the event the Company fails to make Registration Delay Payments in a timely manner, such Registration Delay Payments shall bear interest at the rate of one percent (1.0%) per month (prorated for partial months) until paid in full.

Registration Delay Payments shall be calculated on a cumulative basis and paid within five (5) Business Days of the Event

Registration Delay Payments means “Registration Delay Payments” (as defined in Section 2(f) of the Initial Registration Rights Agreement) that are payable to Noteholders who also hold Warrants or Warrant Shares at the time such payments are due under the Initial Registration Rights Agreement.