Common use of Failure to Deliver Conversion Shares Clause in Contracts

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 104 contracts

Samples: Unconditional Guaranty Agreement (Legacy Education Alliance, Inc.), Support Agreement (Creek Road Miners, Inc.), Unconditional Guaranty Agreement (Legacy Education Alliance, Inc.)

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Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 Conversion Shares, to rescind such Conversionconversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeCompany.

Appears in 31 contracts

Samples: Securities Purchase Agreement (Live Current Media Inc.), Securities Purchase Agreement (Live Current Media Inc.), 60 Degrees Pharmaceuticals, Inc.

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 22 contracts

Samples: Purchase Agreement (Genius Brands International, Inc.), Loan and Security Modification Agreement (Connexa Sports Technologies Inc.), ShiftPixy, Inc.

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.

Appears in 17 contracts

Samples: Ensysce Biosciences, Inc., nFusz, Inc., CENNTRO ELECTRIC GROUP LTD

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.

Appears in 12 contracts

Samples: Securities Purchase Agreement (Rennova Health, Inc.), NovaBay Pharmaceuticals, Inc., GeoVax Labs, Inc.

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Preferred Stock certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.

Appears in 11 contracts

Samples: Securities Purchase Agreement (Amyris, Inc.), Securities Purchase Agreement (Opgen Inc), Form of Securities Purchase Agreement (Amyris, Inc.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such the Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 Conversion Shares, to rescind such the Conversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 7 contracts

Samples: Securities Purchase Agreement (SinglePoint Inc.), Securities Purchase Agreement (Trio Petroleum Corp.), Securities Purchase Agreement (Trio Petroleum Corp.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 Conversion SharesShares on the Share Delivery Date, to rescind such withdraw its Notice of Conversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 5 contracts

Samples: Securities Purchase Agreement (NextPlat Corp), Securities Purchase Agreement (NextPlat Corp), Securities Purchase Agreement (NextPlat Corp)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 Conversion Shares, to rescind such Conversionconversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Innovation1 Biotech Inc.), Securities Purchase Agreement (Innovation1 Biotech Inc.), Innovation1 Biotech Inc.

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Preferred Stock certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 5 contracts

Samples: Security Agreement (BioRestorative Therapies, Inc.), Securities Exchange Agreement (STRATA Skin Sciences, Inc.), Stock Purchase Agreement (Charge Enterprises, Inc.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the in addition to any other rights available to Holder, Holder shall be entitled to elect elect, by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such the conversion described in the applicable Notice of Conversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the any Conversion Shares issued to such Holder pursuant to in respect of the rescinded Conversion Noticeconversion.

Appears in 4 contracts

Samples: Master Note Purchase Agreement (Acuitas Group Holdings, LLC), Master Note Purchase Agreement (Acuitas Group Holdings, LLC), Master Note Purchase Agreement (Acuitas Group Holdings, LLC)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Series A Preferred certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Asta Holdings, Corp.), Securities Purchase Agreement (Tixfi Inc.), Merger and Share Exchange Agreement (Asta Holdings, Corp.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share ADS 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 Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 3 contracts

Samples: Lion Group Holding LTD, Lion Group Holding LTD, Lion Group Holding LTD

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Borrower at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Borrower shall promptly return to the Holder any original Debenture Note delivered to the Company Borrower and the Holder shall promptly return to the Company Borrower the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 2 contracts

Samples: GT Biopharma, Inc., GT Biopharma, Inc.

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture Series C Preferred certificate delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 2 contracts

Samples: Exercise Agreement (Star Mountain Resources, Inc.), Stock Purchase Agreement (Great Plains Holdings, Inc.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 3rd Trading Day following the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Issuer at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Issuer shall promptly return to the Holder any original Debenture Note delivered to the Company Issuer and the Holder shall promptly return to the Company Issuer the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Faraday Future Intelligent Electric Inc.), Securities Purchase Agreement (Faraday Future Intelligent Electric Inc.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such the Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 Conversion Shares, Shares to rescind such the Conversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares (if any) issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 2 contracts

Samples: 1847 Holdings LLC, Neuraxis, INC

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or during the period after the Share Delivery Date and before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Purchaser shall promptly return not be deemed to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the beneficially own such Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeShares.

Appears in 2 contracts

Samples: GreenBox POS, Taronis Fuels, Inc.

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder Lender by the Share Delivery Date, the Holder such Lender shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder such Lender shall promptly return to the Company the Conversion Shares issued to such Holder Lender pursuant to the rescinded Conversion Notice.

Appears in 2 contracts

Samples: Senior Secured Term Loan Agreement (Nauticus Robotics, Inc.), Senior Secured Term Loan Agreement (Nauticus Robotics, Inc.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the such Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversionconversion, in which event the Company Corporation shall promptly return to the such Holder any original Debenture Preferred Stock certificate delivered to the Company Corporation and the such Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Notice of Conversion Noticeand there shall be no obligation to pay further liquidated damages following such recission.

Appears in 1 contract

Samples: Securities Purchase Agreement (Creek Road Miners, Inc.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion SharesShares and after the Share Delivery Date, to rescind the election of such Conversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Preferred Stock certificate delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeCorporation.

Appears in 1 contract

Samples: Note Purchase Agreement (Array Biopharma Inc)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture Preferred Share certificate delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.

Appears in 1 contract

Samples: Securities Purchase Agreement (Renren Inc.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of ConversionConversion Notice, such Conversion Shares are not delivered to or as directed by the applicable Holder holder by the Share Delivery Date, the Holder holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder holder any original Debenture certificate for Preferred Shares delivered to the Company and the Holder holder shall promptly return to the Company the Conversion Shares issued to such Holder holder pursuant to the rescinded Conversion Notice.

Appears in 1 contract

Samples: Securities Purchase Agreement (LENSAR, Inc.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery DateDate as contemplated by Section 4(b)(ii), the Holder shall be entitled to elect by written notice to the Company Borrower at any time on or before its receipt of such Conversion Shares, to rescind such Conversionconversion, in which event the Company Borrower shall promptly return to the Holder any original Debenture Note delivered to the Company Borrower and the Holder shall promptly return to the Company Borrower any portion of the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.

Appears in 1 contract

Samples: Joinder Agreement (Reed's, Inc.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Preferred Stock certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.Notice of Conversion. 1 The Class A Unit purchase price

Appears in 1 contract

Samples: Underwriting Agreement (Achieve Life Sciences, Inc.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture Series C Preferred Stock certificate delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 1 contract

Samples: Securities Purchase Agreement (AzurRx BioPharma, Inc.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any the original Debenture physical Note (if delivered or surrendered to the Company Company) and the Holder shall promptly return to the Company the Conversion Shares (if issued to such Holder pursuant to the rescinded Conversion Notice).

Appears in 1 contract

Samples: Grom Social Enterprises, Inc.

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Series B Preferred Stock certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion. iii.

Appears in 1 contract

Samples: Securities Purchase Agreement (Digital Media Solutions, Inc.)

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Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversionconversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Preferred Stock certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.

Appears in 1 contract

Samples: Subscription Agreement (Denali Capital Acquisition Corp.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its the Holder’s receipt of such Conversion Shares, to rescind such Conversionconversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 1 contract

Samples: Qualigen Therapeutics, Inc.

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Series A Preferred Stock certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion. iii.

Appears in 1 contract

Samples: Securities Purchase Agreement (Digital Media Solutions, Inc.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture Series D Preferred certificate delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Great Plains Holdings, Inc.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 the Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 1 contract

Samples: American Resources Corp

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 Conversion Shares, to rescind such Voluntary Conversion, ab initio, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.

Appears in 1 contract

Samples: Joinder Agreement (TLG Acquisition One Corp.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion NoticeNotice of Conversion.

Appears in 1 contract

Samples: Spectrum Global Solutions, Inc.

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 the Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture Impact Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 1 contract

Samples: uploads-ssl.webflow.com

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to io the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 1 contract

Samples: Sigyn Therapeutics, Inc.

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 Conversion Shares, to rescind such Conversion, in which event the Company shall Companyshall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 1 contract

Samples: Securities Exchange Agreement (Microbot Medical Inc.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Preferred Stock certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 1 contract

Samples: Shareholder Rights Agreement (NeuroMetrix, Inc.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the third Trading Day following the 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 Conversion Sharesthe fifth Trading Day following the Share Delivery Date, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 1 contract

Samples: Apollo Endosurgery, Inc.

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the any Conversion Shares issued to received by such Holder pursuant to the rescinded Conversion Notice.

Appears in 1 contract

Samples: Securities Amendment Agreement (Emmaus Life Sciences, Inc.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversionconversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Series A Preferred Stock certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 1 contract

Samples: Registration Rights Agreement (Cerecor Inc.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 the Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 1 contract

Samples: Anavex Life Sciences Corp.

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 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 Conversion Shares, to rescind such Conversionconversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 1 contract

Samples: Qualigen Therapeutics, Inc.

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, in addition to any other remedies that may be available to Holder at law or equity, the Holder shall be entitled to elect by written notice to the Company Corporation at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company Corporation shall promptly return to the Holder any original Debenture Series A Preferred certificate delivered to the Company Corporation and the Holder shall promptly return to the Company Corporation the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 1 contract

Samples: Stock Exchange Agreement (Sibling Group Holdings, Inc.)

Failure to Deliver Conversion Shares. If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the 3rd Trading Day following the 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 Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture Note delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

Appears in 1 contract

Samples: Note Purchase Agreement (Property Solutions Acquisition Corp.)

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