Business Days Late Liquidated Sample Clauses

Business Days Late Liquidated. Damages ---------------------- ------------------ (in US$) 1 $300 2 $400 3 $500 4 $600 5 $700 6 $800 7 $900 8 $1,000 9 $1,000 10 $1,500 11+ $1,500 + $500 for each Business Day Late beyond 11 days The Company shall pay the Buyer any liquidated damages incurred as called for under this Section 5(e) by certified or cashier's check upon the earlier of (i) issuance of the Certificates to the Buyer or (ii) each monthly anniversary of the receipt by the Company of the Buyer's Notice of Conversion. Nothing herein shall limit the Buyer's right to pursue actual damages for the Company's failure to issue and deliver the Certificates to the Buyer in accordance with the terms of this Agreement or for breach by the Company of this Agreement.
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Business Days Late Liquidated. Damages ---------------------- ------------------ (in US$) 1 $900 2 $1,200 3 $1,500 4 $1,800 5 $2,100 6 $2,400 7 $2,700 8 $3,000 9 $3,000 10 $4,500 11+ $4,500 + $1,000 for each Business Day Late beyond 11 days The Company shall pay the Buyer any liquidated damages incurred as called for under this Section 5(e) by certified or cashier's check upon the earlier of (i) issuance of the relevant Certificate(s) to the Buyer or (ii) each monthly anniversary of the receipt by the Company of the Buyer's Notice of Conversion. Nothing herein shall limit the Buyer's right to pursue actual damages for the Company's failure to issue and deliver all Certificates to the Buyer in accordance with the terms of this Agreement or for breach by the Company of this Agreement. Notwithstanding anything in this Section 5(e) to the contrary, the Company shall not be responsible for liquidated damages as described in this Section 5(e) if a delay past a Deadline in delivery of Common Stock to the Buyer upon a conversion or exercise is solely due to the action (or omission to act) of the Escrow Agent (that is, if the Escrow Agent has in its possession a sufficient number of non-legended Escrow Shares to effect a conversion of Notes, and there is no Company-caused delay involved in delivery by the Escrow Agent of the requisite number of Escrow Shares upon such conversion or exercise).
Sample 1Sample 2
Business Days Late Liquidated. Damages ---------------------- ------------------ 1 $500 2 $1,000 3 $1,500 4 $2,000 5 $2,500 6 $3,000 7 $3,500 8 $4,000 9 $4,500 10 $5,000 > 10 $5,000 + $1,000 for each Business Day Late beyond 10 days The Company shall pay the Holder any liquidated damages incurred under this Section by check upon the earlier to occur of (i) issuance of the shares to the Holder or (ii) each monthly anniversary of the receipt by the Company of such Holder's Notice. Nothing herein shall limit the Subscriber's right to pursue actual damages for the Company's failure to issue and deliver shares of Common Stock to the Subscriber in accordance with the terms of the Certificate of Designation, the Warrant Agreement or the Additional Warrant Agreement.
Sample 1
Business Days Late Liquidated. Damages ---------------------- ------------------ 1 $500 2 $1,000 3 $1,500 4 $2,000 5 $2,500 6 $3,000 7 $3,500 8 $4,000 9 $4,500 10 $5,000 Greater than 10 $5,000 + $1,000 for each Business Day Late beyond 10 days The Company shall pay any liquidated damages incurred under this Section by check within 7 business days from the date of issuance of Shares.
Sample 1
Business Days Late Liquidated. DAMAGES (per each Preferred Share outstanding) 1 $ 50 2 $100 3 $150 4 $200 5 $250 6 $300 7 $350 8 $400 9 $450 10 $500 >10 $500 + an additional $100 for each Business Day Late beyond 10 days The Company shall pay the Holder any liquidated damages incurred under this Section by wire transfer of immediately available funds to an account designated by Holder upon the earlier to occur of (i) issuance of the Common Shares to the Holder of the required Common Shares that were not issued, or (ii) each monthly anniversary of the receipt by the Company of such Holder's Notice of Conversion. Nothing herein shall waive the Company's obligations to deliver Common Shares upon a conversion of the Preferred Shares or limit any Subscriber's right to pursue actual damages for the Company's failure to issue and deliver Common Shares to such Subscriber in accordance with the terms of the Certificate of Designation, provided, any actual damages recoverable by any Subscriber shall be reduced to the extent of any previously paid liquidated damages hereunder.
Sample 1
Business Days Late Liquidated. Damages ---------------------- ------------------ (in US$) 1 $200 2 $300 3 $400 4 $500 5 $600 6 $700 7 $800 8 $900 9 $1,000 10 $1,100 11+ $1,100 + $250 for each Business Day Late beyond 11 days The Company shall pay the Buyer any liquidated damages incurred as called for under this Section 5(e) by certified or cashier's check upon the earlier of (i) issuance of the Certificates to the Buyer or (ii) each monthly anniversary of the receipt by the Company of the Buyer's Notice of Conversion.
Sample 1

Related to Business Days Late Liquidated

  • Nonbusiness Days In any case where any payment or action is due under any Loan Document on a day which is not a Business Day, such payment or action may be delayed until the next-succeeding Business Day, but interest and fees shall continue to accrue in respect of any payment to which it is applicable until such payment is in fact made; provided that, if, in the case of any such payment in respect of a Eurodollar Rate Borrowing, the next-succeeding Business Day is in the next calendar month, then such payment shall be made on the next-preceding Business Day.

  • Business Days If any time period for giving notice or taking action hereunder expires on a day which is a Saturday, Sunday or holiday in the state in which the Company’s chief executive office is located, the time period shall be automatically extended to the business day immediately following such Saturday, Sunday or holiday.

  • Day not a Business Day If any day on or before which any action or notice is required to be taken or given hereunder is not a Business Day, then such action or notice shall be required to be taken or given on or before the requisite time on the next succeeding day that is a Business Day.

  • Payment on Non-Business Days Whenever any payment to be made shall be due on a day which is not a Business Day, such payment may be due on the next succeeding Business Day.

  • Non-Business Days If an Interest Period would otherwise end on a day which is not a Business Day, that Interest Period will instead end on the next Business Day in that calendar month (if there is one) or the preceding Business Day (if there is not).

  • Days Unless otherwise specifically indicated to the contrary, the word "days" as used in this Lease shall mean and refer to calendar days.

  • Payment Date Other Than a Business Day If any payment with respect to a payment of any principal of, premium, if any, or interest on any Note (including any payment to be made on any date fixed for redemption or purchase of any Note) is due on a day which is not a Business Day, then the payment need not be made on such date, but may be made on the next Business Day with the same force and effect as if made on such date, and no interest will accrue for the intervening period.

  • Payments Due on Non-Business Days Anything in this Agreement or the Notes to the contrary notwithstanding (but without limiting the requirement in Section 8.4 that the notice of any optional prepayment specify a Business Day as the date fixed for such prepayment), any payment of principal of or Make-Whole Amount or interest on any Note that is due on a date other than a Business Day shall be made on the next succeeding Business Day without including the additional days elapsed in the computation of the interest payable on such next succeeding Business Day; provided that if the maturity date of any Note is a date other than a Business Day, the payment otherwise due on such maturity date shall be made on the next succeeding Business Day and shall include the additional days elapsed in the computation of interest payable on such next succeeding Business Day.

  • Payments on Business Days Except as provided pursuant to Section 2.01 pursuant to a Board Resolution, and set forth in an Officer’s Certificate, or established in one or more indentures supplemental to this Indenture, in any case where the date of maturity of interest or principal of any Security or the date of redemption of any Security shall not be a Business Day, then payment of interest or principal (and premium, if any) may be made on the next succeeding Business Day with the same force and effect as if made on the nominal date of maturity or redemption, and no interest shall accrue for the period after such nominal date.

  • Banking Days Unless otherwise provided in this Agreement, a banking day is a day other than a Saturday, Sunday or other day on which commercial banks are authorized to close, or are in fact closed, in the state where the Bank’s lending office is located, and, if such day relates to amounts bearing interest at an offshore rate (if any), means any such day on which dealings in dollar deposits are conducted among banks in the offshore dollar interbank market. All payments and disbursements which would be due on a day which is not a banking day will be due on the next banking day. All payments received on a day which is not a banking day will be applied to the credit on the next banking day.

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