Company’s Failure to Timely Deliver Securities. (i) If the Company fails to deliver to the Holder the number of ADSs to which such Holder is entitled upon exercise by the ADS Delivery Date (an “Exercise Failure”), then:
Appears in 2 contracts
Samples: Convertible Note and Warrant Purchase Agreement (Ark Pacific Investment Management LTD), Convertible Note and Warrant Purchase Agreement (The9 LTD)
Company’s Failure to Timely Deliver Securities. (i) If the Company fails to deliver to the Holder the number of Warrant ADSs to which such Holder is entitled upon exercise of this Warrant by the ADS Delivery Date (an “Exercise Failure”), then:
Appears in 2 contracts
Samples: Convertible Note and Warrant Purchase Agreement (The9 LTD), Convertible Note and Warrant Purchase Agreement (Ark Pacific Investment Management LTD)
Company’s Failure to Timely Deliver Securities. (ia) If the Company fails to deliver to the Holder the number of ADSs to which such Holder is entitled upon exercise by the ADS Delivery Date (an “Exercise Failure”)) and such Exercise Failure is not completely and fully cured within five (5) Business Days after the ADS Delivery Date, then:
Appears in 1 contract
Samples: Convertible Note and Warrant Subscription Agreement (Secoo Holding LTD)
