Common use of Effect of Failure to File and Obtain and Maintain Effectiveness of Registration Statement Clause in Contracts

Effect of Failure to File and Obtain and Maintain Effectiveness of Registration Statement. If a Registration Statement covering all of the Registrable Shares required to be covered thereby and required to be filed by the Company pursuant to this Agreement is not filed with the Commission on or before the applicable filing deadline provided herein (the “Filing Failure”), then, as partial relief for the damages to any holder by reason of any such delay in or reduction of its ability to sell the underlying shares of Common Stock (which remedy shall not be exclusive of any other remedies available at law or in equity), the Company shall pay to each holder of Registrable Shares relating to such Resale Registration Statement an amount in cash equal to one percent (1.0%) of the aggregate purchase price of such Purchaser’s Registrable Shares whether or not included in such Resale Registration Statement on the day of the Filing Failure. The payments to which a holder shall be entitled pursuant to this Section ‎4.3 are referred to herein as “Filing Failure Payments.” The Filing Failure Payments shall be paid on the earlier of (I) the date set forth above and (II) the third Business Day after the event or failure giving rise to the Filing Failure Payment is cured.

Effect of Failure to File and Obtain and Maintain Effectiveness of Registration Statement. If a Registration Statement covering all of the Registrable Shares required to be covered thereby and required to be filed by the Company pursuant to this Agreement is not filed with the Commission on or before the applicable filing deadline provided herein (the “Filing Failure”), then, as partial relief for the damages to any holder by reason of any such delay in or reduction of its ability to sell the underlying shares of Common Stock (which remedy shall not be exclusive of any other remedies available at law or in equity), the Company shall pay to each holder of Registrable Shares relating to such Resale Registration Statement an amount in cash equal to one percent (1.0%) of the aggregate purchase price of such Purchaser’s Registrable Shares whether or not included in such Resale Registration Statement on the day of the Filing Failure. The payments to which a holder shall be entitled pursuant to this Section ‎4.3 4.3 are referred to herein as “Filing Failure Payments.” The Filing Failure Payments shall be paid on the earlier of (I) the date set forth above and (II) the third Business Trading Day after the event or failure giving rise to the Filing Failure Payment is cured.