Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate(s) or shares are not delivered to or as directed by the applicable Holder by the fifth (5th) Business Day after the Conversion Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates, to rescind such conversion, in which event the Company shall promptly return to the Holder any original Note delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates representing the principal amount of the Note unsuccessfully tendered for conversion to the Company.
Appears in 7 contracts
Samples: Growlife, Inc., Growlife, Inc., Growlife, Inc.
Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate(s) certificate or shares certificates are not delivered to or as directed by the applicable Holder by the fifth (5th) Business Trading Day after the Conversion Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates, to rescind such conversionConversion, in which event the Company shall promptly return to the Holder any original Note Debenture delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates representing the principal amount of the Note unsuccessfully this Debenture tendered for conversion to the Company.
Appears in 5 contracts
Samples: Net TALK.COM, Inc., Net TALK.COM, Inc., Net TALK.COM, Inc.
Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate(s) or shares are not delivered to or as directed by the applicable Holder by the fifth (5th) Business Day after the Conversion Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates, to rescind such conversion, in which event the Company shall promptly return to the Holder any original Note delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates representing the principal amount of the Note unsuccessfully tendered for conversion to the Company.
Appears in 4 contracts
Samples: Vape Holdings, Inc., Vape Holdings, Inc., Vape Holdings, Inc.
Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate(s) certificate or shares certificates are not delivered to or as directed by the applicable Holder by the fifth (5th) Business Trading Day after the Conversion Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates, to rescind such conversionnotice and Conversion, in which event the Company shall promptly return to the Holder any original Note Debenture delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates representing the principal amount of the Note unsuccessfully this Debenture tendered for conversion to the Company.
Appears in 3 contracts
Samples: Axion International Holdings, Inc., Analytical Surveys Inc, Harborview Master Fund Lp
Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate(s) certificate or shares certificates are not delivered to or as directed by the applicable Holder by the fifth (5th) Business Trading Day after the Conversion Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates, to rescind such conversionConversion, in which event the Company shall promptly return to the Holder any original Note delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates representing the principal amount of the this Note unsuccessfully tendered for conversion to the Company.
Appears in 2 contracts
Samples: Elio Motors, Inc., Elio Motors, Inc.
Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate(s) certificate or shares certificates are not delivered to or as directed by the applicable Holder by the fifth (5th) Business Trading Day after the Conversion Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates, to rescind such conversionConversion, in which event the Company shall promptly return to the Holder any original Note Debenture delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates representing the principal amount of the Note this Debenture unsuccessfully tendered for conversion to the Company.
Appears in 2 contracts
Samples: Purchase Agreement (Octavian Global Technologies, Inc.), Octavian Global Technologies, Inc.
Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate(s) certificate or shares certificates are not delivered to or as directed by the applicable Holder by the fifth (5th) seventh Business Day after the Conversion Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates, (A) to treat such failure as an Event of Default or (B) to rescind such conversionConversion, in which event the Company shall promptly return to the Holder any original Note Debenture delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates representing the principal amount of the Note this Debenture unsuccessfully tendered for conversion to the Company.
Appears in 1 contract
Samples: Securities Purchase Agreement (Concentric Energy Corp)
Failure to Deliver Certificates. If in the case of any -------------------------------- Notice of Conversion such certificate(s) certificate or shares certificates are not delivered to or as directed by the applicable Holder by the fifth (5th) Business Trading Day after the Conversion Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates, to rescind such conversionConversion, in which event the Company shall promptly return to the Holder any original Convertible Note delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates representing the principal amount of the this Convertible Note unsuccessfully tendered for conversion to the Company.
Appears in 1 contract
Samples: Petrosearch Energy Corp
Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate(s) certificate or shares certificates are not delivered to or as directed by the applicable Holder by the fifth (5th) Business Trading Day after the Conversion Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates, to rescind such conversionConversion, in which event the Company shall promptly return to the Holder any original Convertible Note delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates representing the principal amount of the this Convertible Note unsuccessfully tendered for conversion to the Company.
Appears in 1 contract
Samples: Petrosearch Energy Corp
Failure to Deliver Certificates. If in the case of any Notice of Conversion in which Common Stock is issued, such certificate(s) certificate or shares certificates are not delivered to or as directed by the applicable Holder by the fifth (5th) Business second Trading Day after the Conversion Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates, to rescind such conversionConversion, in which event the Company shall promptly return to the Holder any original Note Debenture delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates representing the principal amount of the Note this Debenture unsuccessfully tendered for conversion to the Company.
Appears in 1 contract
Samples: T3 Motion, Inc.
Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate(s) certificate or shares certificates are not delivered to or as directed by the applicable Holder by the fifth (5th) Business Trading Day after the Conversion Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before prior to its receipt of such certificate or certificates, to rescind such conversionConversion, in which event the Company shall promptly return to the Holder any original Note Debenture delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates representing the principal amount of the Note unsuccessfully this Debenture tendered for conversion to the Company.
Appears in 1 contract
Samples: MCF Corp
Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate(s) certificate or shares certificates are not delivered to or as directed by the applicable Holder by the fifth (5th) Business Trading Day after the Conversion Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates, to rescind such conversionConversion, in which event the Company shall promptly return to the Holder any original Note Debenture delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates representing the principal amount of the Note this Debenture unsuccessfully tendered for conversion to the Company.
Appears in 1 contract
Samples: Sionix Corp
Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate(s) certificate or shares certificates are not delivered to or as directed by the applicable Holder by the fifth seventh (5th7th) Business Trading Day after the Conversion Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates, to rescind such conversionConversion, in which event the Company shall promptly return to the Holder any original Note delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates representing the principal amount portion of the this Note unsuccessfully tendered for conversion to the Company.
Appears in 1 contract
Samples: Medovex Corp.