Common use of Obligation Absolute; Partial Liquidated Damages Clause in Contracts

Obligation Absolute; Partial Liquidated Damages. The Corporation’s obligation to issue and deliver the Conversion Shares upon conversion of Preferred Stock in accordance with the terms hereof are absolute and unconditional, irrespective of any action or inaction by a Holder to enforce the same, any waiver or consent with respect to any provision hereof, the recovery of any judgment against any Person or any action to enforce the same, or any setoff, counterclaim, recoupment, limitation or termination, or any breach or alleged breach by such Holder or any other Person of any obligation to the Corporation or any violation or alleged violation of law by such Holder or any other person, and irrespective of any other circumstance which might otherwise limit such obligation of the Corporation to such Holder in connection with the issuance of such Conversion Shares; provided, however, that such delivery shall not operate as a waiver by the Corporation of any such action that the Corporation may have against such Holder.

Obligation Absolute; Partial Liquidated Damages. The CorporationCompany’s obligation obligations to issue and deliver the Conversion Shares upon conversion of Preferred Stock this Debenture in accordance with the terms hereof are absolute and unconditional, irrespective of any action or inaction by a the Holder to enforce the same, any waiver or consent with respect to any provision hereof, the recovery of any judgment against any Person or any action to enforce the same, or any setoff, counterclaim, recoupment, limitation or termination, or any breach or alleged breach by such the Holder or any other Person of any obligation to the Corporation Company or any violation or alleged violation of law by such the Holder or any other personPerson, and irrespective of any other circumstance which might otherwise limit such obligation of the Corporation Company to such the Holder in connection with the issuance of such Conversion Shares; provided, however, that such delivery shall not operate as a waiver by the Corporation Company of any such action that the Corporation Company may have against such Holder.the

Obligation Absolute; Partial Liquidated Damages. The Corporation’s obligation Company's obligations to issue and deliver the Conversion Shares upon conversion of Preferred Stock this Note in accordance with the terms hereof are absolute and unconditional, irrespective of any action or inaction by a the Holder to enforce the same, any waiver or consent with respect to any provision hereof, the recovery of any judgment against any Person or any action to enforce the same, or any setoffset off, counterclaimcounter claim, recoupment, limitation or termination, or any breach or alleged breach by such the Holder or any other Person of any obligation to the Corporation Company or any violation or alleged violation of law by such the Holder or any other personPerson (unless the Conversion would violate any law applicable to the Company), and irrespective of any other circumstance which might otherwise limit such obligation of the Corporation Company to such the Holder in connection with the issuance of such Conversion Shares; provided, however, that such delivery shall not operate as a waiver by the Corporation Company of any such action that the Corporation Company may have against such the Holder.

Obligation Absolute; Partial Liquidated Damages. The CorporationCompany’s obligation obligations to issue and deliver the Conversion Shares upon conversion of Preferred Stock this Note in accordance with the terms hereof are absolute and unconditional, irrespective of any action or inaction by a the Holder to enforce the same, any waiver or consent with respect to any provision hereof, the recovery of any judgment against any Person or any action to enforce the same, or any setoffset off, counterclaimcounter claim, recoupment, limitation or termination, or any breach or alleged breach by such the Holder or any other Person of any obligation to the Corporation Company or any violation or alleged violation of law by such the Holder or any other personPerson (unless the Conversion would violate any law applicable to the Company), and irrespective of any other circumstance which might otherwise limit such obligation of the Corporation Company to such the Holder in connection with the issuance of such Conversion Shares; provided, however, that such delivery shall not operate as a waiver by the Corporation Company of any such action that the Corporation Company may have against such the Holder.

Obligation Absolute; Partial Liquidated Damages. The CorporationCompany’s obligation obligations to issue and deliver the Conversion Shares upon conversion of Preferred Stock this Note in accordance with the terms hereof are absolute and unconditional, irrespective of any action or inaction by a the Holder to enforce the same, any waiver or consent with respect to any provision hereof, the recovery of any judgment against any Person or any action to enforce the same, or any setoff, counterclaim, recoupment, limitation or termination, or any breach or alleged breach by such the Holder or any other Person of any obligation to the Corporation Company or any violation or alleged violation of law by such the Holder or any other personPerson (unless the Conversion would violate any law applicable to the Company) , and irrespective of any other circumstance which might otherwise limit such obligation of the Corporation Company to such the Holder in connection with the issuance of such Conversion Shares; provided, however, that such delivery shall not operate as a waiver by the Corporation Company of any such action that the Corporation Company may have against such the Holder.

Obligation Absolute; Partial Liquidated Damages. The CorporationCompany’s obligation obligations to issue and deliver the Conversion Shares upon conversion of Preferred Stock this Debenture in accordance with the terms hereof are absolute and unconditional, irrespective of any action or inaction by a the Holder to enforce the same, any waiver or consent with respect to any provision hereof, the recovery of any judgment against any Person or any action to enforce the same, or any setoff, counterclaim, recoupment, limitation or termination, or any breach or alleged breach by such the Holder or any other Person of any obligation to the Corporation Company or any violation or alleged violation of law by such the Holder or any other personPerson, and irrespective of any other circumstance which might otherwise limit such obligation of the Corporation Company to such the Holder in connection with the issuance of such Conversion Shares; provided, however, that such delivery shall not operate as a waiver by the Corporation Company of any such action that the Corporation Company may have against such the Holder.