Examples of Share Delivery Deadline in a sentence
Payments under the preceding sentence shall be made on or prior to the applicable Share Delivery Deadline with respect to such conversion.
The parties agree that any such issuance and delivery with a restrictive securities legend on or prior to the applicable Share Delivery Deadline shall not be a Delivery Failure.
Notwithstanding the foregoing, if a Holder delivers a Conversion Notice to the Company prior to the date of issuance of Preferred Shares to such Holder, whereby such Holder elects to convert such Preferred Shares pursuant to such Conversion Notice, the Share Delivery Deadline with respect to any such Conversion Notice shall be the later of (x) the date of issuance of such Preferred Shares and (y) the first (1st) Trading Day after the date of such Conversion Notice.
The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under the Transaction Documents to which it is a party, including, without limitation, the obligation of the Company to deliver the Shares to the Investor in respect of a VWAP Purchase not later than the Share Delivery Deadline.
In addition to Holder’s other available remedies, the Company shall pay to Holder, in cash, as partial liquidated damages and not as a penalty, for each $1,000 of shares of Common Stock (based on the aggregate Conversion Price of the Preferred Shares for which conversion had been requested, $10 per Trading Day for each Trading Day following the Share Delivery Deadline and increasing to $20 per Trading Day after the fifth Trading Day until such shares of Common Stock are delivered and registered.
Payments under the preceding sentence shall be made on or prior to the applicable Share Delivery Deadline with respect to such conversion.15.
Notwithstanding the foregoing, if a Holder delivers a Conversion Notice to the Company prior to the date of issuance of Preferred Shares to such Holder, whereby such Holder elects to convert such Preferred Shares pursuant to such Conversion Notice, the Share Delivery Deadline with respect to any such Conversion Notice shall be the later of (x) the date of issuance of such Preferred Shares and (y) the second (2nd) Trading Day after the date of such Conversion Notice.
The Default shares are due within five (5) Business Days of the date that the Holder delivers a Default Exercise Notice to the Company with the original Warrant (if delivery of the original is required hereunder) (the "Default Share Delivery Deadline").
The price at which shares of Common Stock issuable in lieu of the cash payment of liquidated damages hereunder shall be equal to the lesser of (x) 90% of the average of the 10 consecutive VWAPs immediately prior to the date of the applicable Share Delivery Deadline, (y) 90% of the average of the 10 consecutive VWAPs immediately prior to the date such shares are actually issued or (z) the then applicable Conversion Price.
If the Company fails to cause the Transfer Agent to deliver to the Registered Holder the Warrant Shares upon exercise of the Warrants on or prior to the Share Delivery Deadline, then the Registered Holder shall have the right to rescind such exercise.