Effect of Failure to Satisfy Closing Obligations Sample Clauses

Effect of Failure to Satisfy Closing Obligations. Subject to the Company's compliance with all of the terms and conditions of this Agreement, with respect to each Purchase Period, if the Investor shall fail to purchase the entire Required Dollar Amount (subject to reduction as provided in Section 1(d)) by the third Business Day following the end of such Purchase Period, the Investor shall, in addition to any other remedies under this Agreement, pay as additional damages in cash to the Company, on the eighth Business Day following the end of such Purchase Period and on each succeeding fifth Business Day thereafter until the Required Dollar Amount is paid, an amount equal to one percent (1%) of the balance of the Required Dollar Amount that was not paid to the Company for such Purchase Period. Subject to the Investor's compliance with all of the terms and conditions of this Agreement, with respect to each Closing, if the Company shall fail to deliver to the Investor the shares of Common Stock to be issued and sold to the Investor by the third Business Day following delivery of a Purchase Notice, whether by physical delivery of certificates or by book-entry transfer through DTC for such shares of Common Stock, the Company shall, in addition to any other remedies under this Agreement, pay as additional damages in cash to the Investor, by the eighth Business Day following the delivery of a Purchase Notice and on each succeeding fifth Business Day thereafter until the shares of Common Stock are delivered, an amount equal to one percent (1%) of the value of the shares not delivered to the Investor by the third Business Day following the delivery of a Purchase Notice.
Sample 1
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Effect of Failure to Satisfy Closing Obligations. Subject to the Company's compliance with all of the terms and conditions of this Agreement, with respect to each Put Notice, if all of the conditions applicable to the requirement of the Investor to purchase the Required Dollar Amount as a result of such Put Notice have been met and (subject to the limitations and restrictions of Shares issuance and Investor ownership set forth in this Agreement), and the Investor shall fail to purchase the entire Required Dollar Amount on the applicable Closing Date, then the Investor shall, in addition to any other remedies under this Agreement, pay as additional damages in cash to the Company, on the eighth Business Day following the applicable Closing Date and on each succeeding fifth Business Day thereafter until the Required Dollar Amount is paid, an amount equal to one percent (1%) of the balance of the Required Dollar Amount that was not paid to the Company for such Put Notice.
Sample 1

Related to Effect of Failure to Satisfy Closing Obligations

  • Closing Obligations At the Closing:

  • PRE-CLOSING OBLIGATIONS The Seller shall have performed and complied with all the obligations and conditions required by this Agreement to be performed or complied with by Seller at or prior to the Closing Date, including the execution and delivery of all documents and contracts required to be delivered at or before the Closing Date pursuant to this Agreement.

  • Post-Closing Obligations Seller and Buyer agree to the following post-Closing obligations:

  • Buyer's Closing Obligations At the Closing, Buyer shall:

  • Certain Post-Closing Obligations As promptly as practicable, and in any event within the time periods after the Effective Date specified in Schedule 5.14 or such later date as the Administrative Agent reasonably agrees to in writing, including to reasonably accommodate circumstances unforeseen on the Effective Date, Holdings, the Parent Borrower and each other Loan Party shall deliver the documents or take the actions specified on Schedule 5.14 that would have been required to be delivered or taken on the Effective Date but for the proviso to Section 4.01(f), in each case except to the extent otherwise agreed by the Administrative Agent pursuant to its authority as set forth in the definition of the term “Collateral and Guarantee Requirement”.

  • Reporting Obligations As long as any Holder shall own Registrable Securities, the Company, at all times while it shall be a reporting company under the Exchange Act, covenants to file timely (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to Sections 13(a) or 15(d) of the Exchange Act and to promptly furnish the Holders with true and complete copies of all such filings. The Company further covenants that it shall take such further action as any Holder may reasonably request, all to the extent required from time to time to enable such Holder to sell shares of Common Stock held by such Holder without registration under the Securities Act within the limitation of the exemptions provided by Rule 144 promulgated under the Securities Act (or any successor rule promulgated thereafter by the Commission), including providing any legal opinions. Upon the request of any Holder, the Company shall deliver to such Holder a written certification of a duly authorized officer as to whether it has complied with such requirements.

  • CONTINUING OBLIGATION OF SELLER The Seller shall provide all reasonable assistance necessary for the Purchaser to resolve account problems raised by any Borrower, the Guarantor or the Secretary provided such account problems are attributable to or are alleged to be attributable to (a) an event occurring during the period the Seller owned the related Purchased Loan, or (b) a payment made or alleged to have been made to the Seller. Further, the Seller agrees to execute any financing statements at the request of the Purchaser in order to reflect the Purchaser’s interest in the Loans.

  • Seller’s Closing Obligations At Closing, Seller shall deliver to Buyer the following:

  • Ongoing Obligations I reaffirm my ongoing obligations under the Anthera Pharmaceuticals, Inc. Confidentiality and Inventions Assignment Agreement between me and the Company dated _______________, 20__ (the “Confidentiality Agreement ”), including, without limitation, my obligations to maintain the confidentiality of all confidential and proprietary information of the Company, to return to the Company (in good condition) all of the Company’s equipment, property, and documents (whether in paper, electronic, or other format, and all copies thereof) that are in my possession or control, and refrain from certain solicitation activities for a twelve (12) month period after my employment ends. I acknowledge that the execution of Exhibit A to the Confidentiality Agreement, entitled “Anthera Pharmaceuticals, Inc. Termination Certification” (the “Certification”), is required by the Confidentiality Agreement and accordingly agree to sign and return to the Company, at the same time I return the Release, the Certification (attached hereto as Appendix A) as a condition to my entitlement to the Separation Benefits. I also reaffirm my ongoing obligations under the Anthera Pharmaceuticals, Inc. Statement of Company Policy Regarding Xxxxxxx Xxxxxxx and Disclosure of Material Non-Public Information (the “Xxxxxxx Xxxxxxx Policy”) and agree that those obligations continue to apply following my separation from employment, until such time as any material, nonpublic information possessed by me has become public or is no longer material, but not to exceed 12 months. Without limiting the foregoing, I acknowledge and agree that I shall continue to be subject to the remainder of any Quarterly Black-Out or Special Black-Out (as defined in the Xxxxxxx Xxxxxxx Policy), if such black-out period was instituted prior to my separation from employment.

  • Purchaser’s Closing Obligations Purchaser, at its sole cost and expense, shall deliver or cause to be delivered to Seller at Closing the following:

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