Delivery Failure. Subject to Section 3(b), in addition to any other remedies which may be available to the Holder, in the event that the Company fails for any reason to effect delivery of the applicable Exercise Shares by the end of the Delivery Period (a “Delivery Failure”), the Holder will be entitled to revoke all or part of the relevant Exercise by delivery of a notice to such effect to the Company, whereupon the Company and the Holder shall each be restored to their respective positions immediately prior to the delivery of such notice of revocation.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Maxeon Solar Technologies, Ltd.), Securities Purchase Agreement (Maxeon Solar Technologies, Ltd.), Securities Purchase Agreement (Zhonghuan Singapore Investment & Development Pte. Ltd.)