Common use of Special Interest Clause in Contracts

Special Interest. If the Company has not (i) filed the Initial Registration Statement within ten (10) calendar days after the Filing Date or (ii) effected the registration of the Registrable Shares within ten (10) calendar days after the Effectiveness Date (each such event referred to in clause (i) or (ii), a “Registration Default”), then the Company shall pay to the Investor interest (“Special Interest”) in an amount per annum equal to 0.25% of the Investor’s Purchase Price for each day that the Registration Default continues; provided, however, that the Company shall in no event be required to pay Special Interest for more than one Registration Default at any given time. A Registration Default ends upon termination of the Registration Period or, if earlier, (x) in the case of a Registration Default under clause (i) of the definition thereof, when the Initial Registration Statement is filed with the Commission or (ii) in the case of a Registration Default under clause (ii) of the definition thereof, when the Initial Registration Statement becomes or is declared effective by the Commission. All accrued Special Interest payable to the Investor hereunder shall be paid by the Company to the Investor on a quarterly basis to an account designated in writing by the Investor. Notwithstanding anything contained herein to the contrary, the payment of Special Interest shall be the only remedy available to the Investor for any Registration Default.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Schuler Tino Hans), Securities Purchase Agreement (Schuler Jack W), Securities Purchase Agreement (Aspira Women's Health Inc.)

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Special Interest. If the Company has not (i) filed the Initial Registration Statement within ten (10) calendar days after by the Filing Date or (ii) effected the registration of the Registrable Shares within ten (10) calendar days after by the Effectiveness Date (each such event referred to in clause clauses (i) or and (ii), a “Registration Default”), then the Company shall pay to the Investor Investors interest (“Special Interest”) in an amount per annum equal to 0.25% of the such Investor’s Purchase Price for each day that the Registration Default continues; provided, however, that the Company shall in no event be required to pay Special Interest for more than one Registration Default at any given time. A Registration Default ends upon termination of the Registration Period or, if earlier, (x) in the case of a Registration Default under clause (i) of the definition thereof, when the Initial Registration Statement is filed with the Commission or (iiy) in the case of a Registration Default under clause (ii) of the definition thereof, when the Initial Registration Statement becomes or is declared effective by the Commission. All accrued Special Interest payable to the Investor hereunder shall be paid by the Company to the each Investor on a quarterly basis to an account designated in writing by the such Investor. Notwithstanding anything contained herein to the contrary, the payment of Special Interest shall be the only remedy available to the Investor for any Registration Default.

Appears in 1 contract

Samples: Securities Purchase Agreement (Biolase, Inc)

Special Interest. If the Company has not (i) filed the Initial Registration Statement within ten (10) calendar days after by the Filing Date or (ii) effected the registration of the Registrable Shares within ten (10) calendar days after by the Effectiveness Date (each such event referred to in clause clauses (i) or and (ii), a “Registration Default”), then the Company shall pay to the Investor Investors interest (“Special Interest”) in an amount per annum equal to 0.25% of the such Investor’s Preferred Share Purchase Price for each day that the Registration Default continues; provided, however, that the Company shall in no event be required to pay Special Interest for more than one Registration Default at any given time. A Registration Default ends upon termination of the Registration Period or, if earlier, (x) in the case of a Registration Default under clause (i) of the definition thereof, when the Initial Registration Statement is filed with the Commission or (iiy) in the case of a Registration Default under clause (ii) of the definition thereof, when the Initial Registration Statement becomes or is declared effective by the Commission. All accrued Special Interest payable to the Investor hereunder shall be paid by the Company to the each Investor on a quarterly basis to an account designated in writing by the such Investor. Notwithstanding anything contained herein to the contrary, the payment of Special Interest shall be the only remedy available to the Investor for any Registration Default.

Appears in 1 contract

Samples: Securities Purchase Agreement (Biolase, Inc)

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Special Interest. If the Company has not (i) filed the Initial Registration Statement within ten (10) calendar days after the Filing Date or (ii) effected the registration of the Registrable Shares within ten (10) calendar days after the Effectiveness Date (each such event referred to in clause (i) or (ii), a “Registration Default”), then the Company shall pay to the Investor Investors interest (“Special Interest”) in an amount per annum equal to 0.25% of the such Investor’s Purchase Price for each day that the Registration Default continues; provided, however, that the Company shall in no event be required to pay Special Interest for more than one Registration Default at any given time. A Registration Default ends upon termination of the Registration Period or, if earlier, (x) in the case of a Registration Default under clause (i) of the definition thereof, when the Initial Registration Statement is filed with the Commission or (ii) in the case of a Registration Default under clause (ii) of the definition thereof, when the Initial Registration Statement becomes or is declared effective by the Commission. All accrued Special Interest 14 payable to the any Investor hereunder shall be paid by the Company to the such Investor on a quarterly basis to an account designated in writing by the such Investor. Notwithstanding anything contained herein to the contrary, the payment of Special Interest shall be the only remedy available to the Investor for any Registration Default.

Appears in 1 contract

Samples: Securities Purchase Agreement (Vermillion, Inc.)

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