Common use of Failure to Deliver Common Stock or Replacement Note Clause in Contracts

Failure to Deliver Common Stock or Replacement Note. Borrower’s failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or the Securities Purchase Agreement, and, if requested by Borrower, a replacement Note, and such failure continues for a period of five (5) business days after the due date.

Appears in 11 contracts

Samples: Accident Prevention Plus Inc, Accident Prevention Plus Inc, Accident Prevention Plus Inc

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Failure to Deliver Common Stock or Replacement Note. BorrowerThe Company’s failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or and the Securities Purchase Agreement, Agreement and, if requested by Borrower, a replacement Note, and such failure continues for a period of five to deliver Common Stock shall not be cured within two (52) business days after or the due dateCompany is required to issue a replacement Note to the Holder and the Company shall fail to deliver such replacement Note within seven (7) business days.

Appears in 9 contracts

Samples: Securities Purchase Agreement (Modtech Holdings Inc), Waiver Agreement (Xfone Inc), Apogee Technology Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower’s failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or Note, and Section 9 of the Securities Purchase Agreement, and, if requested by Borrower, such failure to timely deliver Common Stock shall not be cured within two (2) days. If Borrower is required to issue a replacement Note, Note to Holder and Borrower shall fail to deliver such failure continues for a period of five replacement Note within seven (57) business days after the due dateBusiness Days.

Appears in 6 contracts

Samples: Note (Micro Component Technology Inc), Micro Component Technology Inc, Transgenomic Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower’s 's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or Note, and Section 9 of the Securities Purchase Security Agreement, and, or if requested by Borrowerrequired, a replacement Note, and Note if such failure continues for a period of five to timely deliver Common Stock shall not be cured within two (52) business days after the due dateor such failure to deliver a replacement Note is not cured within seven (7) business days.

Appears in 5 contracts

Samples: Home Solutions of America Inc, Inyx Inc, Veridium Corp

Failure to Deliver Common Stock or Replacement Note. The Borrower’s failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or Note, and Section 9 of the Securities Purchase Agreement, and, or if requested by Borrowerrequired, a replacement Note, and Note if such failure continues for to timely deliver Common Stock shall not be cured within two (2) days or such failure to deliver a period of five replacement Note is not cured within seven (57) business days after the due dateBusiness Days.

Appears in 5 contracts

Samples: Security Agreement (Electric City Corp), Convertible Term Note (Axesstel Inc), Convertible Term Note (Axesstel Inc)

Failure to Deliver Common Stock or Replacement Note. The Borrower’s 's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or and Section 9 of the Securities Purchase Agreement, and, or if requested by Borrower, required a replacement Note, Note when due and such failure continues for a period of five seven (57) business days after the due date.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Nestor Inc), Nestor Inc, Nestor Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower’s 's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note Note, or the Securities Purchase Agreement, and, if requested by Borrowerrequired, a replacement Note, and Note if such failure continues for to timely deliver Common Stock shall not be cured within two (2) Business Days or such failure to deliver a period of five replacement Note is not cured within seven (57) business days after the due dateBusiness Days.

Appears in 3 contracts

Samples: Tidel Technologies Inc, Tidel Technologies Inc, Tidel Technologies Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower’s 's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note if such failure to timely deliver Common Stock shall not be cured within two (2) Business Days, or the Securities Purchase Agreement, and, if requested by Borrowerrequired, a replacement Note, and Note if such failure continues for to deliver a period of five replacement Note is not cured within seven (57) business days after the due dateBusiness Days.

Appears in 3 contracts

Samples: Dyntek Inc, Dyntek Inc, Dyntek Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower’s 's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or Note, and Section 9 of the Securities Purchase Agreement, and, or if requested by Borrowerrequired, a replacement Note, and Note if such failure continues for to timely deliver Common Stock shall not be cured within two (2) days or such failure to deliver a period of five replacement Note is not cured within seven (57) business days after the due dateBusiness Days.

Appears in 3 contracts

Samples: Inyx Inc, Inyx Inc, Vicom Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower’s 's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or and Sections 7 and 11 of the Securities Purchase Subscription Agreement, andor, if requested by Borrowerrequired, a replacement Note, and such failure continues for a period of Convertible Note more than five (5) business days after the due daterequired delivery date of such Common Stock or replacement Convertible Note.

Appears in 2 contracts

Samples: Family Room Entertainment Corp, BigString CORP

Failure to Deliver Common Stock or Replacement Note. Borrower’s 's failure to timely deliver Common Stock to the Holder pursuant to pursxxxx xx and in the form required by this Note or the Securities Purchase Subscription Agreement, andor, if requested by Borrower, a replacement Note, and such failure continues for a period of five two (52) business days after the due date.

Appears in 2 contracts

Samples: Trend Mining Co, Trend Mining Co

Failure to Deliver Common Stock or Replacement Note. The Borrower’s 's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or Note, and Section 9 of the Securities Purchase Agreement, and, or if requested by Borrowerrequired, a replacement Note, and Note if such failure continues for to timely deliver Common Stock shall not be cured within two (2) Business Days or such failure to deliver a period of five replacement Note is not cured within seven (57) business days after the due dateBusiness Days.

Appears in 2 contracts

Samples: Bam Entertainment Inc, Transgenomic Inc

Failure to Deliver Common Stock or Replacement Note. Borrower’s 's failure within ten (10) business days to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or the Securities Purchase Subscription Agreement, and, if requested by Borrower, a replacement Note, and such failure continues for a period of five (5) business days after the due date,.

Appears in 2 contracts

Samples: Inrob Tech Ltd., Inrob Tech Ltd.

Failure to Deliver Common Stock or Replacement Note. The Borrower’s 's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or Note, and Section 9 of the Securities Purchase Agreement, and, if requested by Borrower, such failure to timely deliver Common Stock shall not be cured within two (2) days. If Borrower is required to issue a replacement Note, Note to Holder and Borrower shall fail to deliver such failure continues for a period of five replacement Note within seven (57) business days after the due dateBusiness Days.

Appears in 2 contracts

Samples: Global Payment Technologies Inc, Global Payment Technologies Inc

Failure to Deliver Common Stock or Replacement Note. Borrower’s failure failures to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or and the Securities Purchase Agreement, andWarrant or, if requested by Borrowerrequired, a replacement Note, Note following a partial conversion and such failure continues for a period of is not cured by Borrower within five (5) business days after the due datewritten notice to Borrower from Holder.

Appears in 2 contracts

Samples: Subscription Agreement (ADVANCED MEDICAL ISOTOPE Corp), Security Agreement (ADVANCED MEDICAL ISOTOPE Corp)

Failure to Deliver Common Stock or Replacement Note. Borrower’s failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or the Securities Purchase AgreementNote, andor, if requested by Borrowerrequired, a replacement Note, and such failure continues Note for a period of five (5) ten business days after beyond the due daterequired delivery date or any stated cure period, whichever is later.

Appears in 2 contracts

Samples: Visual Management Systems Inc, Visual Management Systems Inc

Failure to Deliver Common Stock or Replacement Note. The Borrower’s 's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or and Sections 7 and 11 of the Securities Purchase Subscription Agreement, andor, if requested by Borrowerrequired, a replacement Note, and such failure continues for a period of five Convertible Note more than ten (510) business days after the due daterequired delivery date of such Common Stock or replacement Convertible Note.

Appears in 1 contract

Samples: Ever-Glory International Group, Inc.

Failure to Deliver Common Stock or Replacement Note. Borrower’s 's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note Note, or the Securities Purchase Agreement, and, if requested by Borrower, a replacement Note, and such failure continues for a period of five (5) business days after the due date.

Appears in 1 contract

Samples: Lantis Laser Inc.

Failure to Deliver Common Stock or Replacement Note. Borrower’s Xxxxxxxx's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or the Securities Purchase Subscription Agreement, andor, if requested by Borrower, a replacement Note, and such failure continues for a period of five three (53) business days after the due date.

Appears in 1 contract

Samples: Hybrid Fuel Systems Inc

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Failure to Deliver Common Stock or Replacement Note. The Borrower’s 's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or Note, and Section 9 of the Securities Purchase Agreement, and, if requested by Borrower, such failure to timely deliver Common Stock shall not be cured within two (2) days after written notice. If Borrower is required to issue a replacement Note to Holder and Borrower shall fail to deliver such replacement Note within seven (7) Business Days after receipt of a written request from the Purchaser to replace the Note, and such failure continues for a period of five (5) business days after the due date.

Appears in 1 contract

Samples: Pipeline Data Inc

Failure to Deliver Common Stock or Replacement Note. The --------------------------------------------------- Borrower’s 's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or and Sections 7 and 11 of the Securities Purchase Subscription Agreement, andor, if requested by Borrowerrequired, a replacement Note, and such failure continues for a period of Convertible Note more than five (5) business days after the due daterequired delivery date of such Common Stock or replacement Convertible Note.

Appears in 1 contract

Samples: BigString CORP

Failure to Deliver Common Stock or Replacement Note. Borrower’s 's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or the Securities Purchase Subscription Agreement, and, if requested by Borrower, a replacement Note, and such failure continues for a period of five three (53) business days after the due date.

Appears in 1 contract

Samples: Collateral Agent Agreement (Hq Sustainable Maritime Industries, Inc.)

Failure to Deliver Common Stock or Replacement Note. Borrower’s failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or the Securities Purchase Subscription Agreement, andor, if requested by Borrower, a replacement Note, and such failure continues for a period of five two (52) business days after the due date.

Appears in 1 contract

Samples: Trend Mining Co

Failure to Deliver Common Stock or Replacement Note. Borrower’s failure The Borrower shall fail to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or Note, and Section 9 of the Securities Purchase Agreement, and, if requested by Borrower, a replacement Note, and such failure continues for a period of to timely deliver Common Stock shall not be cured within five (5) days. If Borrower shall be required to issue a replacement Note to Holder and Borrower shall fail to deliver such replacement Note within seven (7) business days after of the due daterequest for the replacement Note.

Appears in 1 contract

Samples: AGU Entertainment Corp.

Failure to Deliver Common Stock or Replacement Note. The Borrower’s failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or and Sections 7 and 11 of the Securities Purchase Subscription Agreement, andor, if requested by Borrowerrequired, a replacement Note, and such failure continues for a period of Convertible Note more than five (5) business days after the due daterequired delivery date of such Common Stock or replacement Convertible Note.

Appears in 1 contract

Samples: Convertible Note (BigString CORP)

Failure to Deliver Common Stock or Replacement Note. Borrower’s 's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or the Securities Purchase Subscription Agreement, and, if requested by Borrower, a replacement Note, and such failure continues for a period of five (5) 3 business days after the due date.date ..

Appears in 1 contract

Samples: Subscription Agreement (NextMart Inc.)

Failure to Deliver Common Stock or Replacement Note. Borrower’s Borxxxxx'x failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or the Securities Purchase Agreement, and, if requested by Borrower, a replacement Note, and such failure continues for a period of five (5) business days after the due date.

Appears in 1 contract

Samples: BioMETRX

Failure to Deliver Common Stock or Replacement Note. Borrower’s 's failure to timely deliver any Common Stock to the Holder Holder, including but not limited to Conversion Shares, pursuant to and in the form required by this Note or the Securities Purchase AgreementNote, and, if requested by Borrower, a replacement Note, and such failure continues for a period of Note within five (5) business days after the due datedays.

Appears in 1 contract

Samples: Advisory Services Agreement (Coconnect Inc)

Failure to Deliver Common Stock or Replacement Note. Borrower’s Xxxxxxxx's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or the Securities Purchase Agreement, and, if requested by Borrower, a replacement Note, and such failure continues for a period of five (5) business days after the due date.

Appears in 1 contract

Samples: BioMETRX

Failure to Deliver Common Stock or Replacement Note. Borrower’s 's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or the Securities Purchase Subscription Agreement, and, if requested by Borrower, a replacement Note, and such failure continues for a period of five (5) 20 business days after the due date.

Appears in 1 contract

Samples: Security Agreement (BioElectronics Corp)

Failure to Deliver Common Stock or Replacement Note. The Borrower’s 's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note or Note, and Section 9 of the Securities Purchase Agreement, and, or if requested by Borrowerrequired, a replacement Note, and Note if such failure continues for a period of five to timely deliver Common Stock shall not be cured within three (53) business days after the due date.or such failure to deliver a replacement Note is not cured within seven (7) business days. 4.9

Appears in 1 contract

Samples: Ventures National Inc

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