Hardship. In the event the Investor sells shares of the Company's Common Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.3, and specifically the Company fails to deliver to the Escrow Agent on the Advance Date the shares of Common Stock corresponding to the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 37 contracts
Samples: Equity Distribution Agreement (Sonoran Energy Inc), Equity Distribution Agreement (Americana Publishing Inc), Equity Distribution Agreement (Neogenomics Inc)
Hardship. In the event the Investor sells shares of the Company's ’s Common Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.3, and specifically the Company fails to deliver to the Escrow Agent Investor on the Advance Date the shares of Common Stock corresponding to the applicable AdvanceAdvance pursuant to Section 2.3(a)(i), the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 18 contracts
Samples: Reserve Equity Financing Agreement (Vertro, Inc.), Reserve Equity Financing Agreement (Neah Power Systems, Inc.), Equity Distribution Agreement (Serefex Corp)
Hardship. In the event the Investor sells shares of the Company's Common Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.3, and specifically the Company fails to deliver to the Escrow Agent Investor on the Advance Date the shares of Common Stock corresponding to the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 15 contracts
Samples: Equity Distribution Agreement (Jeantex Group, Inc.), Equity Distribution Agreement (Enclaves Group Inc), Equity Distribution Agreement (Poseidis Inc)
Hardship. In the event the Investor sells shares of the Company's ’s Common Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.3, and specifically the Company fails to deliver to the Escrow Agent on the Advance Date the shares of Common Stock corresponding to the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 9 contracts
Samples: Equity Distribution Agreement, Equity Distribution Agreement (Cyop Systems International Inc), Equity Distribution Agreement (Aims Worldwide Inc)
Hardship. In the event the Investor sells shares of the Company's ’s Common Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.3, and specifically the Company fails to deliver to the Escrow Agent Investor on the Advance Date the shares of Common Stock corresponding to the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 7 contracts
Samples: Equity Distribution Agreement (Unicorp Inc /New), Equity Distribution Agreement (China Automotive Systems Inc), Equity Distribution Agreement (Faceprint Global Solutions Inc)
Hardship. In the event the Investor sells shares of the Company's ’s Common Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.32.03, and specifically the Company fails to deliver to the Escrow Agent Investor on the Advance Date the shares of Common Stock corresponding to the applicable AdvanceAdvance pursuant to Section 2.03(a)(i), the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Power of the Dream Ventures Inc), Equity Distribution Agreement (Hydrogen Engine Center, Inc.), Equity Distribution Agreement (Power of the Dream Ventures Inc)
Hardship. In the event the Investor sells shares of the Company's Common Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.3, and specifically the Company fails to deliver to the Escrow Agent Investor on the Advance Date the shares of Common Stock corresponding to the applicable AdvanceAdvance pursuant to Section 2.3(a)(i), the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Epicept Corp), Equity Distribution Agreement (Visiongateway Inc), Equity Distribution Agreement (Brightec, Inc)
Hardship. In the event the Investor sells shares of the Company's ’s Common Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.3, and specifically the Company fails to deliver to the Escrow Agent Investor on the Advance Date the shares of Common Stock corresponding to the applicable AdvanceAdvance pursuant to Section 2.3(a)(i), the Company acknowledges that the Investor shall suffer financial hardship and therefore and, provided that the Investor has performed its obligations pursuant to Section 2.3,therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Cord Blood America, Inc.), Securities Purchase Agreement (Cord Blood America, Inc.)
Hardship. In the event the Investor sells shares of the Company's Common Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.3, and specifically the Company fails to deliver to the Escrow Payment Agent on the Advance Purchase Date the shares of Common Stock corresponding to the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 1 contract
Samples: Equity Investment Agreement (Roaming Messenger Inc)
Hardship. In the event the Investor sells shares of the Company's ’s Common Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.3, and specifically the Company fails to deliver to the Escrow Agent on the Advance Date the shares of Common Stock corresponding to the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.. ARTICLE
Appears in 1 contract
Samples: Equity Distribution Agreement (Airbee Wireless, Inc.)
Hardship. In the event the Investor sells shares of the Company's Common Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.3, and specifically the Company fails to deliver to the Escrow Agent on Investor at the Advance Date Closing the shares of Common Stock corresponding to the applicable AdvanceSettlement Document or Corrected Settlement Document pursuant to Section 2.03, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.caused
Appears in 1 contract
Hardship. In the event the Investor sells shares of the Company's ’s Common Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.3, and specifically the Company fails to deliver to the Escrow Agent Investor on the Advance Date the shares of Common Stock corresponding to the applicable AdvanceAdvance pursuant to Section 2.03(a)(i), the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 1 contract
Samples: Equity Distribution Agreement (Advanced Life Sciences Holdings, Inc.)
Hardship. In the event the Investor sells shares of the Company's ’s Common Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.3, and specifically the Company fails to deliver to the Escrow Agent Investor on the Advance Purchase Date the shares of Common Stock corresponding to the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 1 contract
Samples: Periodic Equity Investment Agreement (Cereplast Inc)
Hardship. In the event the Investor sells shares of the Company's ’s Common Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.3, and specifically if the Company fails to deliver to the Escrow Agent Investor on the Advance Date the shares of Common Stock corresponding to the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 1 contract
Samples: Equity Distribution Agreement (Titan Pharmaceuticals Inc)
Hardship. In the event the Investor sells shares of the Company's Common Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.3, and specifically the Company fails to deliver to the Escrow Agent Investor on the Advance Purchase Date the shares of Common Stock corresponding to the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 1 contract
Samples: Periodic Equity Investment Agreement (Cereplast Inc)
Hardship. In the event the Investor sells shares of the Company's Common Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.32.2(a), and specifically the Company fails to deliver to the Escrow Agent on the Advance Date the shares of Common Stock corresponding to the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 1 contract
Samples: Equity Distribution Agreement (Cord Blood America, Inc.)
Hardship. In the event the Investor sells shares of the Company's Common Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.3, and specifically the Company fails to deliver to the Escrow Agent Investor on the Advance Date the shares of Common Stock corresponding to the applicable AdvanceAdvance pursuant to Section 2.3(i), the Company acknowledges that the Investor shall may suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.
Appears in 1 contract
Samples: Equity Distribution Agreement (Acacia Research Corp)
