Certain Amounts. Whenever pursuant to this Note the Maker is required to pay an amount in excess of the outstanding Principal Amount, the Maker and the Holders agree that the actual damages to the Holders from the receipt of a cash payment on this Note may be difficult to determine and the amount to be so paid by the Maker represents stipulated damages and not a penalty and is intended to compensate the Holders in part for loss of opportunity. The Maker and the Holders hereby agree that such amount of stipulated damages is not plainly disproportionate to the possible loss to the Holders.
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Sources: Common Stock Purchase Agreement (Lovig Brian), Common Stock Purchase Agreement (Nazerali Altaf)
Certain Amounts. Whenever pursuant to this Note the Maker is required to pay an amount in excess of the outstanding Principal Amount, the Maker and the Holders Holder agree that the actual damages to the Holders Holder from the receipt of a cash payment on this Note may be difficult to determine and the amount to be so paid by the Maker represents stipulated damages and not a penalty and is intended to compensate the Holders Holder in part for loss of opportunity. The Maker and the Holders Holder hereby agree that such amount of stipulated damages is not plainly disproportionate to the possible loss to the HoldersHolder.
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