Common use of Cancellation Consideration Clause in Contracts

Cancellation Consideration. On the terms and conditions set forth in this Agreement, the Company agrees to execute and deliver the Cancellation Consideration, and the Creditor agrees to accept such Cancellation Consideration. The Cancellation Consideration shall be executed and delivered by the Company to the Creditor on the Effective Date or at such other place and time as the Parties may agree. Pursuant to the terms and conditions of the Creditor Purchase Agreement and this Agreement, the Creditor agrees that, upon execution and delivery of the Cancellation Consideration, the Creditor shall have received the securities or substantially the same securities provided for upon execution of the Creditor Purchase Agreement had the Creditor subscribed for Units under the Creditor Purchase Agreement in the manner provided for therein, and that the Company shall have no further obligations to issue any Units, any OID Convertible Note, any Class E Warrant, any Class F Warrant, any Common Stock, or any security convertible into, exchangeable for, or exercisable to purchase any of the foregoing securities, or any other security, make any payment, have any obligation, or execute, deliver or perform any obligation with respect to any of the Creditor Purchase Agreement or the Creditor Registration Rights Agreement, except as expressly required under the terms and provisions specifically governing and applicable to any of the Creditor OID Note or the Creditor Warrants under any of the Creditor Purchase Agreement, the Creditor Registration Rights Agreement, the Creditor OID Note, or the Creditor Warrants.

Cancellation Consideration. On the terms and conditions set forth in this Agreement, the Company agrees to execute and deliver the Cancellation Consideration, and the Creditor Holder agrees to accept such Cancellation Consideration. The Cancellation Consideration shall be executed and delivered by the Company to the Creditor Holder on the Effective Date or at such other place and time as the Parties may agree. Pursuant to the terms and conditions of the Creditor Holder Purchase Agreement and this Agreement, the Creditor Holder agrees that, upon execution and delivery of the Cancellation Consideration, the Creditor Holder shall have received the securities or substantially the same securities provided for upon execution of the Creditor Holder Purchase Agreement had the Creditor Holder subscribed for Units under the Creditor Holder Purchase Agreement in the manner provided for therein, and that the Company shall have no further obligations to issue any Units, any OID Convertible Note, any Class E Warrant, any Class F Warrant, any Common Stock, or any security convertible into, exchangeable for, or exercisable to purchase any of the foregoing securities, or any other security, make any payment, have any obligation, or execute, deliver or perform any obligation with respect to any of the Creditor Holder Purchase Agreement or the Creditor Holder Registration Rights Agreement, except as expressly required under the terms and provisions specifically governing and applicable to any of the Creditor Holder OID Note or the Creditor Holder Warrants under any of the Creditor Holder Purchase Agreement, the Creditor Holder Registration Rights Agreement, the Creditor Holder OID Note, or the Creditor Holder Warrants.