Common use of Breach of Representations and Warranties by the Company Clause in Contracts

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Appears in 212 contracts

Samples: Securities Purchase Agreement (Growlife, Inc.), Securities Purchase Agreement (NovAccess Global Inc.), Securities Purchase Agreement (NovAccess Global Inc.)

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Breach of Representations and Warranties by the Company. The Company agrees that if If the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer Buyers pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the NoteAgreement, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Appears in 146 contracts

Samples: Securities Purchase Agreement (Daniels Corporate Advisory Company, Inc.), Securities Purchase Agreement (Banyan Corp /Or/), Securities Purchase Agreement (Admiralty Holding Co)

Breach of Representations and Warranties by the Company. The Company agrees that if If the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer Buyers pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the NoteAgreement, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the CompanyBuyer, until such breach is cured. If the Company elects Buyers elect to pay be paid the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Appears in 44 contracts

Samples: Securities Purchase Agreement (Sun Network Group Inc), Securities Purchase Agreement (Globalnet Corp), Securities Purchase Agreement (Globalnet Corp)

Breach of Representations and Warranties by the Company. The Company agrees that if If the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the NoteAgreement, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Appears in 36 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement (Amerilithium Corp.), Securities Purchase Agreement (Global Earth Energy, Inc.)

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer Buyers pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the Note, the Company shall pay to the Buyer Buyers the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Appears in 10 contracts

Samples: Securities Purchase Agreement (KinerjaPay Corp.), Securities Purchase Agreement (Frelii, Inc.), Securities Purchase Agreement (Digerati Technologies, Inc.)

Breach of Representations and Warranties by the Company. The Company agrees that if If the Company materially breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer Buyers pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the NoteAgreement, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the CompanyBuyer, until such breach is cured. If the Company elects Buyers elect to pay be paid the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Modern Technology Corp), Securities Purchase Agreement (Central Wireless Inc), Securities Purchase Agreement (Modern Technology Corp)

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock Stock, at the option of the CompanyBuyer, until such breach is cured. If the Company Buyer elects to pay receive the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Resonate Blends, Inc.), Securities Purchase Agreement (Driveitaway Holdings, Inc.), Securities Purchase Agreement (Sollensys Corp.)

Breach of Representations and Warranties by the Company. The Company agrees that if If the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Alkame Holdings, Inc.), Securities Purchase Agreement (Blue Water Global Group, Inc.), Securities Purchase Agreement (POSITIVEID Corp)

Breach of Representations and Warranties by the Company. The Company agrees that if If the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the NoteAgreement, the Company shall shall, subject to the terms and conditions of the Subordination Agreement, pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Bioheart, Inc.), Securities Purchase Agreement (Bioheart, Inc.)

Breach of Representations and Warranties by the Company. The Company agrees that if If the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer Buyers pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the NoteAgreement, the Company shall pay to the Buyer the Standard Liquidated Damages Amount (as defined later herein) in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Golden Patriot Corp), Amended Securities Purchase Agreement (Golden Patriot Corp)

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer Buyers pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the NoteAgreement, the Company shall pay to the Buyer Buyers the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time price of payment$0.25 per share, subject to adjustment for stock splits and similar transactions.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Arch Therapeutics, Inc.), Securities Purchase Agreement (Arch Therapeutics, Inc.)

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer Buyers pursuant to this Agreement and it being may be considered an Event of Default under Section 3.5 of the Note, the Company shall pay to the Buyer Buyers the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Arch Therapeutics, Inc.), Securities Purchase Agreement (Arch Therapeutics, Inc.)

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 3.4 of the Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Appears in 2 contracts

Samples: Securities Purchase Agreement (NightFood Holdings, Inc.), Securities Purchase Agreement (NightFood Holdings, Inc.)

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock Stock, at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Appears in 2 contracts

Samples: Securities Purchase Agreement (SusGlobal Energy Corp.), Securities Purchase Agreement (Kaival Brands Innovations Group, Inc.)

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Breach of Representations and Warranties by the Company. The Company agrees that if If the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the Note, Note the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Appears in 1 contract

Samples: Securities Purchase Agreement (Rich Pharmaceuticals, Inc.)

Breach of Representations and Warranties by the Company. The Company agrees that if If the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer Buyers pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the NoteAgreement, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Appears in 1 contract

Samples: Securities Purchase Agreement (Conectisys Corp)

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default Delimit under Section 3.5 of the Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount Amolll1t in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts Arnolll1ts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Appears in 1 contract

Samples: Securities Purchase Agreement (Guided Therapeutics Inc)

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3Agreement, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Appears in 1 contract

Samples: Securities Purchase Agreement (Viking Energy Group, Inc.)

Breach of Representations and Warranties by the Company. The Company agrees that if If the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer Buyers pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the NoteAgreement, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, Company until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Appears in 1 contract

Samples: Securities Purchase Agreement (Conectisys Corp)

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price in effect at the time of payment.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mphase Technologies, Inc.)

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If if the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Appears in 1 contract

Samples: Securities Purchase Agreement (NanoFlex Power Corp)

Breach of Representations and Warranties by the Company. The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement and it being considered an Event of Default under Section 3.5 of the each Note, the Company shall pay to the Buyer the Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Company, until such breach is cured. If the Company elects to pay the Standard Liquidated Damages Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Appears in 1 contract

Samples: Securities Purchase Agreement (U.S. Rare Earth Minerals, Inc.)

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