Common use of Effect of Noncompliance Clause in Contracts

Effect of Noncompliance. In the event the ----------------------- requirements of this Section 2(c) are not complied with, the Corporation shall forthwith either cause the closing of the transaction to be postponed until such requirements have been complied with, or cancel such transaction, in which event the rights, preferences and privileges of the holders of Preferred Stock shall revert to and be the same as such rights, preferences and privileges existing immediately prior to the date of the first notice referred to in Section 2(c)(iii) hereof.

Appears in 3 contracts

Samples: Preferred Stock Purchase Agreement (Avantgo Inc), Preferred Stock Purchase Agreement (Avantgo Inc), Preferred Stock Purchase Agreement (Avantgo Inc)

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Effect of Noncompliance. In the event the ----------------------- requirements of this Section 2(cArticle IV3.b.ii(b) are not complied with, the Corporation shall forthwith either cause the closing of the transaction to be postponed until such requirements have been complied with, or cancel such transaction, in which event the rights, preferences and privileges of the holders of the Preferred Stock shall revert to and be the same as such rights, preferences and privileges existing immediately prior to the date of the first notice referred to in Section 2(c)(iiiArticle IV3.b.ii(b) hereof.

Appears in 2 contracts

Samples: Loan and Security Modification Agreement (Singulex Inc), Loan and Security Modification Agreement (Singulex Inc)

Effect of Noncompliance. In the event the ----------------------- requirements of this Section 2(c) are not complied with, the Corporation shall forthwith either cause the closing of the transaction to be postponed until such requirements have been complied with, or cancel such transaction, in which event the rights, preferences and privileges of the holders of the Series A Preferred Stock shall revert to and be the same as such rights, preferences and privileges existing immediately prior to the date of the first notice referred to in Section 2(c)(iii) hereof.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Chemdex Corp)

Effect of Noncompliance. In the event the ----------------------- requirements of this Section 2(c) are not complied with, the Corporation shall forthwith either cause the closing of the transaction to be postponed until such requirements have been complied with, or cancel such transaction, in which event the rights, preferences and privileges of the holders of the Preferred Stock shall revert to and be the same as such rights, preferences and privileges existing immediately prior to the date of the first notice referred to in Section 2(c)(iii) hereof.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Etoys Inc)

Effect of Noncompliance. In the event the ----------------------- requirements of this Section 2(c) are not complied with, the Corporation shall forthwith either cause the closing of the transaction to be postponed until such requirements have been complied with, or cancel such transaction, in which event the rights, preferences and privileges of the holders of the Series A Preferred Stock shall revert to and be the same as such rights, preferences and privileges existing immediately prior to the date of the first notice referred to in Section 2(c)(iii) hereof.

Appears in 1 contract

Samples: Warrant Agreement (Opentable Inc)

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Effect of Noncompliance. In the event the ----------------------- requirements of this Section 2(c2(g) are not complied with, the Corporation shall forthwith either cause the closing of the transaction Acquisition to be postponed until such the requirements of this Section 2 have been complied with, or cancel such transactionAcquisition, in which event the rights, preferences preferences, privileges and privileges restrictions of the holders of Preferred Stock shall revert to and be the same as such rights, preferences preferences, privileges and privileges restrictions existing immediately prior to the date of the first notice referred to in Section 2(c)(iii2(g)(iii) hereofof this Article III(B) above.

Appears in 1 contract

Samples: Master Agreement (Fallbrook Technologies Inc)

Effect of Noncompliance. In the event the ----------------------- requirements of this Section 2(c3(b) are not complied with, the Corporation shall forthwith either cause the closing of the transaction to be postponed until such requirements have been complied with, or cancel such transaction, in which event the rights, preferences and privileges of the holders of the Series A Preferred Stock shall revert to and be the same as such rights, preferences and privileges existing immediately prior to the date of the first notice referred to in Section 2(c)(iii4(j)(iv) hereof.

Appears in 1 contract

Samples: Stock Purchase Agreement (Gargoyles Inc)

Effect of Noncompliance. In the event the ----------------------- requirements of ----------------------- this Section 2(c) are not complied with, the Corporation shall forthwith either cause the closing of the transaction to be postponed until such requirements have been complied with, or cancel such transaction, in which event the rights, preferences and privileges of the holders of Preferred Stock shall revert to and be the same as such rights, preferences and privileges existing immediately prior to the date of the first notice referred to in Section 2(c)(iii) hereof.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Avantgo Inc)

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