Common use of Delay in Filing or Effectiveness of Registration Statement Clause in Contracts

Delay in Filing or Effectiveness of Registration Statement. If the Registration Statement is not filed by the Company with the Commission on or prior to the Filing Date, then for each day following the Filing Date, until but excluding the date the Registration Statement is filed, or if the Registration Statement is not declared effective by the Commission by the Required Effective Date, then for each day following the Required Effective Date, until but excluding the date the Commission declares the Registration Statement effective, the Company shall, for each such day, pay the Purchaser with respect to any such failure, as liquidated damages and not as a penalty, an amount equal to 0.0333% of the purchase price paid by such Purchaser for its Securities pursuant to this Agreement; and for any such day, such payment shall be made no later than the first business day of the calendar month next succeeding the month in which such day occurs. Any payments made pursuant to this Section 7.6 shall not constitute the Purchaser's exclusive remedy for such events. Notwithstanding the foregoing provisions, in no event shall the Company be obligated to pay such liquidated damages to more than one Purchaser in respect of the same Securities for the same period of time. Such payments shall be made to the Purchaser in cash.

Delay in Filing or Effectiveness of Registration Statement. If the Registration Statement is not filed by the Company with the Commission and effective on or prior to the Filing DateDeadline, then for each day following the Filing DateDeadline, until but excluding the date the Registration Statement is filed, or if the Registration Statement is not automatically effective upon filing and is not declared effective by the Commission by the Required Effective DateFiling Deadline, then for each day following the Required Effective DateFiling Deadline, until but excluding the date the Commission declares the Registration Statement becomes effective, the Company shall, for each such day, pay the Purchaser with respect to any such failure, as liquidated damages and not as a penalty, an amount per 30-day period equal to 0.03331.0% of the purchase price paid by such Purchaser for its Securities Shares pursuant to this Agreement; and for any such day30-day period, such payment shall be made no later than the first three business days following such 30-day of the calendar month next succeeding the month in which such day occursperiod. Any payments made pursuant to this Section 7.6 7.5 shall not constitute the Purchaser's ’s exclusive remedy for such events. Notwithstanding the foregoing provisions, in no event shall the Company be obligated to pay such any liquidated damages pursuant to this Section 7.5 (i) to more than one Purchaser in respect of the same Securities Shares for the same period of timetime or (ii) in an aggregate amount that exceeds 10% of the purchase price paid by the Purchasers for the Shares pursuant to this Agreement. Such payments shall be made to the Purchaser Purchasers in cash.