Common use of Company’s Failure to Timely Convert Clause in Contracts

Company’s Failure to Timely Convert. If within the time allotted pursuant to Section 6(b)(ii) (the “Share Delivery Period”), the Company shall fail to issue to a holder the number of Class A Ordinary Shares to which such holder is entitled upon such holder’s conversion of the Class A Preference Shares (a “Conversion Failure”), in addition to all other available remedies which such holder may pursue hereunder, the Company shall pay additional damages to such holder on each business day after such second (2nd) business day that such conversion is not timely effected in an amount equal to 1.0% of the product of (A) the sum of the number of Class A Ordinary Shares not so issued to the holder on a timely basis pursuant to Section 6(b)(ii) and to which such holder is entitled and (B) the closing bid price of the Class A Ordinary Shares on the last possible date which the Company could have issued such Ordinary Shares to such holder without violating Section 6(b)(ii). If the Company fails to pay the additional damages set forth in this Section 6(b)(iv) within five (5) business days of the date incurred, then such payment shall bear interest at the rate of one and one-half percent (1.5%) per month (prorated for partial months) until such payments are made.

Appears in 1 contract

Samples: Preference Share Purchase Agreement (AnPac Bio-Medical Science Co., Ltd.)

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Company’s Failure to Timely Convert. If within five (5) business days of the time allotted pursuant to Section 6(b)(ii) Company's receipt of the Conversion Notice (the “Share Delivery Period”), ) the Company shall fail to issue and deliver to a holder the number of Class A Ordinary Shares shares of Common Stock to which such holder is entitled upon such holder’s 's conversion of the Class A Preference Shares Series B Preferred Stock (a “Conversion Failure”), in addition to all other available remedies which such holder may pursue hereunder, the Company shall pay additional damages to such holder on each business day after such second fifth (2nd5th) business day that such conversion is not timely effected in an amount equal to 1.00.5% of the product of (A) the sum of the number of Class A Ordinary Shares shares of Common Stock not so issued to the holder on a timely basis pursuant to Section 6(b)(ii5(b)(ii) and to which such holder is entitled and (B) the closing bid price of the Class A Ordinary Shares Common Stock on the last possible date which the Company could have issued such Ordinary Shares Common Stock to such holder without violating Section 6(b)(ii5(b)(ii). If the Company fails to pay the additional damages set forth in this Section 6(b)(iv5(b)(iv) within five (5) business days of the date incurred, then such payment shall bear interest at the rate of one and one-half percent (1.5%) 2% per month (prorated pro rated for partial months) until such payments are made.

Appears in 1 contract

Samples: Securities Exchange Agreement (Neoprobe Corp)

Company’s Failure to Timely Convert. If within five (5) business days of the time allotted pursuant to Section 6(b)(ii) Company's receipt of the Conversion Notice (the “Share Delivery Period”), ) the Company shall fail to issue and deliver to a holder the number of Class A Ordinary Shares shares of Common Stock to which such holder is entitled upon such holder’s 's conversion of the Class A Preference Shares Series C Preferred Stock (a “Conversion Failure”), in addition to all other available remedies which such holder may pursue hereunder, the Company shall pay additional damages to such holder on each business day after such second fifth (2nd5th) business day that such conversion is not timely effected in an amount equal to 1.00.5% of the product of (A) the sum of the number of Class A Ordinary Shares shares of Common Stock not so issued to the holder on a timely basis pursuant to Section 6(b)(ii5(b)(ii) and to which such holder is entitled and (B) the closing bid price of the Class A Ordinary Shares Common Stock on the last possible date which the Company could have issued such Ordinary Shares Common Stock to such holder without violating Section 6(b)(ii5(b)(ii). If the Company fails to pay the additional damages set forth in this Section 6(b)(iv5(b)(iv) within five (5) business days of the date incurred, then such payment shall bear interest at the rate of one and one-half percent (1.5%) 2% per month (prorated pro rated for partial months) until such payments are made.

Appears in 1 contract

Samples: Securities Exchange Agreement (Neoprobe Corp)

Company’s Failure to Timely Convert. If within five (5) business days of the time allotted pursuant to Section 6(b)(ii) Company's receipt of the Conversion Notice (the "Share Delivery Period”), ") the Company shall fail to issue and deliver to a holder the number of Class A Ordinary Shares shares of Common Stock to which such holder is entitled upon such holder’s 's conversion of the Class Series A Preference Shares Preferred Stock (a "Conversion Failure"), in addition to all other available remedies which such holder may pursue hereunder, the Company shall pay additional damages to such holder on each business day after such second fifth (2nd5th) business day that such conversion is not timely effected in an amount equal to 1.00.5% of the product of (A) the sum of the number of Class A Ordinary Shares shares of Common Stock not so issued to the holder on a timely basis pursuant to Section 6(b)(ii5(b)(ii) and to which such holder is entitled and (B) the closing bid price of the Class A Ordinary Shares Common Stock on the last possible date which the Company could have issued such Ordinary Shares Common Stock to such holder without violating Section 6(b)(ii5(b)(ii). If the Company fails to pay the additional damages set forth in this Section 6(b)(iv5(b)(v) within five (5) business days of the date incurred, then such payment shall bear interest at the rate of one and one-half percent (1.5%) 2% per month (prorated pro rated for partial months) until such payments are made.

Appears in 1 contract

Samples: Common Stock Exchange Agreement (VistaGen Therapeutics, Inc.)

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Company’s Failure to Timely Convert. If within the time allotted pursuant to Section 6(b)(ii) (the “Share Delivery Period”), ) the Company Corporation shall fail to issue and deliver to a holder the number of Class A Ordinary Shares shares of Common Stock to which such holder is entitled upon such holder’s conversion of the Class A Preference Shares Series F Preferred Stock (a “Conversion Failure”), in addition to all other available remedies which such holder may pursue hereunder, the Company Corporation shall pay additional damages to such holder on each business day after such second (2nd) business day that such conversion is not timely effected in an amount equal to 1.00.5% of the product of (A) the sum of the number of Class A Ordinary Shares shares of Common Stock not so issued to the holder on a timely basis pursuant to Section 6(b)(ii) and to which such holder is entitled and (B) the closing bid price of the Class A Ordinary Shares Common Stock on the last possible date which the Company Corporation could have issued such Ordinary Shares Common Stock to such holder without violating Section 6(b)(ii)6.b.ii. If the Company Corporation fails to pay the additional damages set forth in this Section 6(b)(iv) 6.b.iv within five (5) business days of the date incurred, then such payment shall bear interest at the rate of one and one-half percent (1.51%) per month (prorated for partial months) until such payments are made. Any damages under this Section 6(b)(iv) shall be paid in cash.

Appears in 1 contract

Samples: Security Agreement (Navidea Biopharmaceuticals, Inc.)

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