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

Breach of Representations and Warranties by the Company. If the Company breaches any of the representations or warranties set forth in this Section 3.1, and in addition to any other remedies available to the Purchaser pursuant to this Agreement, the Company shall pay to the Purchaser liquidated damages of three percent (3%) of the outstanding amount of the Debentures per month plus accrued and unpaid interest on the Debentures, prorated for partial months, in cash or shares at the option of the Purchaser ("Standard Liquidated Damages Amount"), until such breach is cured. If the Purchaser elect to be paid the Standard Liquidated Damages Amount in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. If The Company agrees that if the Company breaches any of the representations or warranties set forth in this Section 3.13, and in addition to any other remedies available to the Purchaser Buyer pursuant to this AgreementAgreement and it being considered an Event of Default under Section 2.5 of the Note, the Company shall pay to the Purchaser liquidated damages of three percent (3%) of Buyer the outstanding amount of the Debentures per month plus accrued and unpaid interest on the Debentures, prorated for partial months, Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Purchaser ("Standard Liquidated Damages Amount")Company, until such breach is cured. If the Purchaser elect Company elects to be paid pay the Standard Liquidated Damages Amount Amounts in shares of Common Stock, such shares shall be issued at a price per share equal to 75% (representing a discount of 25%) multiplied by the Conversion Price at volume average weighted price of the Company’s common stock for the five (5) trading days prior to the date time of payment.

Breach of Representations and Warranties by the Company. If the Company breaches any of the representations or warranties set forth in this Section 3.1, and in addition to any other remedies available to the Purchaser Purchasers pursuant to this Agreement, the Company shall pay to the Purchaser Purchasers liquidated damages of three percent (3%) of the outstanding amount of the Debentures per month plus accrued and unpaid interest on the Debentures, prorated for partial months, in cash or shares at the option of the Purchaser Purchasers ("Standard Liquidated Damages Amount"), until such breach is cured. If the Purchaser Purchasers elect to be paid the Standard Liquidated Damages Amount in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

Breach of Representations and Warranties by the Company. If the Company breaches any of the representations or warranties set forth in this Section 3.13, and in addition to any other remedies available to the Purchaser Buyers pursuant to this Agreement, the Company shall, after written notice of such breach from the Buyers and after five (5) business days, during which time the Company shall be given an opportunity to cure such breach to the satisfaction of the Buyers, pay to the Purchaser liquidated damages of three percent (3%) of Buyer the outstanding amount of the Debentures per month plus accrued and unpaid interest on the Debentures, prorated for partial months, Standard Liquidated Damages Amount in cash or in shares of Common Stock at the option of the Purchaser ("Standard Liquidated Damages Amount")Buyer, until such breach is cured. If the Purchaser Buyers elect to be paid the Standard Liquidated Damages Amount Amounts in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.