Common use of Failure to Meet Obligations Clause in Contracts

Failure to Meet Obligations. The Company acknowledges that its failure to timely meet any of its obligations hereunder, including, but without limitations, its obligations to make Payments, deliver shares and, as necessary, to register and maintain sufficient number of Shares, will cause the Holder to suffer irreparable harm and, that the actual damage to the Holder will be difficult to ascertain. Accordingly, the parties agree that it is appropriate to include in this Debenture a provision for liquidated damages. The parties acknowledge and agree that the liquidated damages provision set forth in this section represents the parties' good faith effort to quantify such damages and, as such, agree that the form and amount of such liquidated damages are reasonable and do not constitute a penalty. The payment of liquidated damages shall not relieve the Company from its obligations to deliver the Common Stock pursuant to the terms of this Debenture.

Appears in 15 contracts

Samples: www.sec.gov, Debenture Agreement (Genesis Bioventures Inc), Debenture Agreement (Xtreme Companies Inc)

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Failure to Meet Obligations. The Company acknowledges that its failure to timely meet any of its obligations hereunder, including, but without limitations, its obligations to make Payments, deliver shares and, as necessary, to register and maintain sufficient number of Shares, will cause the Holder to suffer irreparable harm and, that the actual damage to the Holder will be difficult to ascertain. Accordingly, the parties agree that it is appropriate to include in this Debenture a provision for liquidated damages. The parties acknowledge and agree that the liquidated damages provision set forth in this section represents the parties' ’ good faith effort to quantify such damages and, as such, agree that the form and amount of such liquidated damages are reasonable and do not constitute a penalty. The payment of liquidated damages shall not relieve the Company from its obligations to deliver the Common Stock pursuant to the terms of this Debenture.

Appears in 7 contracts

Samples: Debenture Agreement (Challenger Powerboats, Inc.), Debenture Agreement (Challenger Powerboats, Inc.), Debenture Agreement (Challenger Powerboats, Inc.)

Failure to Meet Obligations. The Company acknowledges that its failure to timely meet any of its obligations hereunder, including, but without limitations, its obligations to make Payments, deliver shares and, as necessary, to register and maintain sufficient number of Shares, will cause the Holder to suffer irreparable harm and, that the actual damage to the Holder will be difficult to ascertain. Accordingly, the parties agree that it is appropriate to include in this Debenture Preferred a provision for liquidated damages. The parties acknowledge and agree that the liquidated damages provision set forth in this section represents the parties' ’ good faith effort to quantify such damages and, as such, agree that the form and amount of such liquidated damages are reasonable and do not constitute a penalty. The payment of liquidated damages shall not relieve the Company from its obligations to deliver the Common Stock pursuant to the terms of this DebenturePreferred.

Appears in 5 contracts

Samples: Convertible Redeemable Preferred Agreement (Challenger Powerboats, Inc.), Redeemable Preferred Agreement (Challenger Powerboats, Inc.), Convertible Redeemable Preferred Stock Agreement (Challenger Powerboats, Inc.)

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Failure to Meet Obligations. The Company acknowledges that its failure to timely meet any of its obligations hereunder, including, but without limitations, its obligations to make Payments, deliver shares and, as necessary, to register and maintain sufficient number of Shares, will cause the Holder to suffer irreparable harm and, that the actual damage to the Holder will be difficult to ascertain. Accordingly, the parties agree that it is appropriate to include in this Debenture a provision for liquidated damages. The parties acknowledge and agree that the liquidated damages provision set forth in this section represents the parties' good faith effort to quantify such damages and, as such, agree that the form and amount of such liquidated damages are reasonable and do not constitute a penalty. The payment of liquidated damages shall not relieve the Company from its obligations to deliver the Common Stock pursuant to the terms of this Debenture. *.*.*

Appears in 5 contracts

Samples: Debenture Agreement (Xtreme Companies Inc), Debenture Agreement (Xtreme Companies Inc), Debenture Agreement (Xtreme Companies Inc)

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