FAILURE TO FILE ADDITIONAL REGISTRATION STATEMENT Sample Clauses

FAILURE TO FILE ADDITIONAL REGISTRATION STATEMENT. If (A) the -------------------------------------------------- Company shall fail to file the Additional Registration Statement by the Additional Filing Date, or (B) the Additional Registration Statement is not declared effective by the Commission on or prior to 90 days after the Additional Registration Statement has been filed, the Company will pay to Purchaser, as liquidated damages and not as a penalty, a cash amount equal to 2% of the total purchase price of the Designated Units set forth on the signature page hereto for each 30-day period (or portion thereof) after the Additional Filing Date or the end of the aforementioned 90 days, as the case may be; provided, however, that there shall be excluded from such period any delays which are attributable to changes required by Purchaser in the Additional Registration Statement with respect to information relating to Purchaser, including without limitation, changes to the plan of distribution, or to the failure of Purchaser to conduct its review of the Additional Registration Statement in a reasonable promptly manner.