Additional Dividends. The Company and the Purchasers agree that the Holders of Preferred Stock will suffer damages if the Company fails to fulfill its obligations under Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, additional dividends on the Preferred Stock (in either case, "Additional Dividends") under the circumstances and to the extent set forth in the Certificate of Designation.
Appears in 1 contract
Sources: Registration Rights Agreement (American Communications Services Inc)
Additional Dividends. (a) The Company and the Purchasers Initial Purchaser agree that the Holders of Registrable Preferred Stock will suffer damages if the Company fails to fulfill its obligations under Section 2 or Section 3 hereof and that it would not be feasible to ascertain the extent of such damages with precision. Accordingly, the Company agrees to pay, as liquidated damages, pay additional dividends interest on the New Preferred Stock (in either case, "Additional Dividends") under the circumstances and to the extent set forth in the Certificate of Designation.below:
Appears in 1 contract
Sources: Share Registration Rights Agreement (Fairfield Manufacturing Co Inc)