Common use of Common Share Issuance Clause in Contracts

Common Share Issuance. Upon receipt by the Company of a written request from Holder to convert any amount due under any Note, subject to any limitations on conversion contained in any Note, the Company shall have five (5) business days (“Delivery Date”) to request issuance of the shares of Common Stock issuance pursuant to such Conversion. If the Company fails to timely deliver the shares through willful failure or deliberate hindrance, the Company shall pay to Holder in immediately available funds $500.00 per day past the Delivery Date that the shares are actually issued. Any amounts due under this Section shall be paid by the fifth day of the month following the month in which they accrued or, at the option of Holder, may be added to the principal under any Note. The Company agrees that the right to convert the Notes is a valuable right to Holder and a material consideration of it entering this Note. The parties agree that it would be impracticable and extremely difficult to ascertain the amount of actual damages caused by a failure of the Company to timely deliver shares as required hereby. Therefore, the parties agree that the foregoing liquidated damages provision represents reasonable compensation for the loss which would be incurred by the Holder due to any such breach. The parties agree that this Section is not intended to in any way limit Hxxxxx’s right to pursue other remedies, including actual damages and/or equitable relief.

Appears in 4 contracts

Samples: Loan Agreement (Deep Medicine Acquisition Corp.), Loan Agreement (Deep Medicine Acquisition Corp.), Loan Agreement (Deep Medicine Acquisition Corp.)

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Common Share Issuance. Upon receipt by the Company of a written request from Holder Lender to convert any amount due under any NoteNote or to exercise any portion of any Warrant, subject to any limitations on conversion or exercise contained in any NoteNote and/or Warrant, the Company shall have five three (53) business days (“Delivery Date”) to request issuance of issue the shares of Common Stock issuance pursuant to rightfully listed in such Conversionrequest. If the Company fails to timely deliver the shares through willful failure or deliberate hindranceshares, the Company shall pay to Holder Lender in immediately available funds $500.00 1,000.00 per day past the Delivery Date that the shares are actually issued. Any amounts due under this Section shall be paid by the fifth (5th) day of the month following the month in which they accrued or, at the option of HolderLender, may be added to the principal under any Note. The Company agrees that the right to convert the Notes or exercise its Warrants is a valuable right to Holder Lender and a material consideration of it entering this NoteAgreement. The parties agree that it would be impracticable and extremely difficult to ascertain the amount of actual damages caused by a failure of the Company to timely deliver shares as required hereby. Therefore, the parties agree that the foregoing liquidated damages provision represents reasonable compensation for the loss which would be incurred by the Holder Lender due to any such breach. The parties agree that this Section is not intended to in any way limit HxxxxxLender’s right to pursue other remedies, including actual damages and/or equitable relief.

Appears in 2 contracts

Samples: Loan Agreement (Jupiter Wellness, Inc.), Loan Agreement (Edison Nation, Inc.)

Common Share Issuance. Upon receipt by the Company of a written request from Holder Lender to convert any amount due under any NoteNote or to exercise any portion of any Warrant, subject to any limitations on conversion or exercise contained in any NoteNote and/or Warrant, the Company shall have five three (53) business days (“Delivery Date”) to request issuance of issue the shares of Common Stock issuance pursuant to rightfully listed in such Conversionrequest. If the Company fails to timely deliver the shares through willful failure or deliberate hindranceshares, the Company shall pay to Holder Lender in immediately available funds $500.00 1,000.00 per business day past the Delivery Date that the shares are actually issued. Any amounts due under this Section shall be paid by the fifth (5th) day of the month following the month in which they accrued or, at the option of HolderLender, may be added to the principal under any Note. The Company agrees that the right to convert the Notes Note or exercise its Warrants is a valuable right to Holder Lender and a material consideration of it entering this NoteAgreement. The parties agree that it would be impracticable and extremely difficult to ascertain the amount of actual damages caused by a failure of the Company to timely deliver shares as required hereby. Therefore, the parties agree that the foregoing liquidated damages provision represents reasonable compensation for the loss which would be incurred by the Holder Lender due to any such breach. The parties agree that this Section is not intended to in any way limit HxxxxxLender’s right to pursue other remedies, including actual damages and/or equitable relief.

Appears in 1 contract

Samples: Loan Agreement (Jupiter Wellness, Inc.)

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Common Share Issuance. Upon receipt by the Company of a written request from Holder to convert any amount due under any Note, subject to any limitations on conversion contained in any Note, the Company shall have five three (53) business days (“Delivery Date”) to request issuance of the shares of Common Stock issuance pursuant to rightfully listed in such Conversionrequest. If the Company fails to timely deliver the shares through willful failure or deliberate hindrance, the Company shall pay to Holder in immediately available funds $500.00 1,000 per day past the Delivery Date that the shares are actually issued. Any amounts due under this Section shall be paid by the fifth (5th) day of the month following the month in which they accrued or, at the option of Holder, may be added to the principal under any Note. The Company agrees that the right to convert the Notes is a valuable right to Holder and a material consideration of it entering this Notethe Advisory Agreement. The parties agree that it would be impracticable and extremely difficult to ascertain the amount of actual damages caused by a failure of the Company to timely deliver shares as required hereby. Therefore, the parties agree that the foregoing liquidated damages provision represents reasonable compensation for the loss which would be incurred by the Holder due to any such breach. The parties agree that this Section is not intended to in any way limit HxxxxxHolder’s right to pursue other remedies, including actual damages and/or equitable relief.

Appears in 1 contract

Samples: Personal and Confidential (Water Technologies International,Inc.)

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