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, and in addition to any other remedies available to the Buyers pursuant to this Agreement, 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.

Breach of Representations and Warranties by the Company. If the ------------------------------------------------------- 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 Buyers pursuant to this Agreement, 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.

Breach of Representations and Warranties by the Company. 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 Buyers pursuant to this Agreement, 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. 4.

Breach of Representations and Warranties by the Company. If ------------------------------------------------------- the Company breaches any of the representations or warranties set forth in this Section 3, and in DMEAST #9432371 v1 12 addition to any other remedies available to the Buyers pursuant to this Agreement, 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.