Common use of Failure to Deliver Certificates Clause in Contracts

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate or certificates are not delivered to or as directed by the applicable Holder by the fifth Trading Day after a Conversion Date, the Holder shall be entitled by written notice to the Company at any time on or before its receipt of such certificate or certificates thereafter, to rescind such conversion, in which event the Company shall immediately return the certificates representing the principal amount of Debentures tendered for conversion.

Appears in 11 contracts

Sources: Securities Agreement (Diomed Holdings Inc), Securities Purchase Agreement (Composite Technology Corp), Securities Agreement (Genio Group Inc)

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate or certificates are not delivered to or as directed by the applicable Holder by the fifth Trading Day after a Conversion Date, the Holder shall be entitled by written notice to the Company at any time on or before its receipt of such certificate or certificates thereafter, to rescind such conversion, in which event the Company shall immediately return the certificates representing the principal amount of Debentures this Debenture tendered for conversion.

Appears in 9 contracts

Sources: Convertible Debenture (Samir Financial, L.L.C.), Convertible Security Agreement (Intraop Medical Corp), Convertible Security Agreement (Western Power & Equipment Corp)

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate certificate(s) or certificates shares are not delivered to or as directed by the applicable Holder by the fifth Trading (5th) Business Day after a the Conversion Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates thereaftercertificates, to rescind such conversion, in which event the Company shall immediately promptly return to the Holder any original Note delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates representing the principal amount of Debentures the Note unsuccessfully tendered for conversionconversion to the Company.

Appears in 7 contracts

Sources: Convertible Security Agreement (Growlife, Inc.), Convertible Security Agreement (Growlife, Inc.), Convertible Security Agreement (Growlife, Inc.)

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate or certificates are not delivered to or as directed by the applicable Holder by the fifth Trading Day after a Conversion Date, the Holder shall be entitled by written notice to the Company at any time on or before its receipt of such certificate or certificates thereafter, to rescind such conversion, in which event the Company shall immediately return the certificates representing the principal amount of Debentures Notes tendered for conversion.

Appears in 6 contracts

Sources: Purchase Agreement (Lexaria Corp.), Purchase Agreement (Lexaria Corp.), Purchase Agreement (Golden Aria Corp.)

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate or certificates are not delivered to or as directed by the applicable Holder by the fifth Trading Day after a the Conversion Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates thereaftercertificates, to rescind such conversionConversion, in which event the Company shall immediately promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return the Common Stock certificates representing the principal amount of Debentures this Debenture tendered for conversionconversion to the Company.

Appears in 5 contracts

Sources: Convertible Security Agreement (Net TALK.COM, Inc.), Convertible Security Agreement (Net TALK.COM, Inc.), Convertible Security Agreement (Net TALK.COM, Inc.)

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate certificate(s) or certificates shares are not delivered to or as directed by the applicable Holder by the fifth Trading (5th) Business Day after a the Conversion Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates thereaftercertificates, to rescind such conversion, in which event the Company shall immediately promptly return to the Holder any original Note delivered to the Company and the Holder shall promptly return to the Company the certificates representing the principal amount of Debentures the Note unsuccessfully tendered for conversionconversion to the Company.

Appears in 4 contracts

Sources: Convertible Promissory Note (Vape Holdings, Inc.), Secured Series B Preferred Stock Convertible Promissory Note (Vape Holdings, Inc.), Convertible Promissory Note (Vape Holdings, Inc.)

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate or certificates are not delivered to or as directed by the applicable Holder by the fifth Trading Day after a the Conversion Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates thereaftercertificates, to rescind such conversionnotice and Conversion, in which event the Company shall immediately promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return the Common Stock certificates representing the principal amount of Debentures this Debenture tendered for conversionconversion to the Company.

Appears in 3 contracts

Sources: Convertible Security Agreement (Analytical Surveys Inc), Convertible Security Agreement (Axion International Holdings, Inc.), Convertible Security Agreement (Harborview Master Fund Lp)

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate or certificates are not delivered to or as directed by the applicable Holder by the fifth Trading Day after a Conversion Date, the Holder shall be entitled by written notice to the Company at any time on or before its the Holder's receipt of such certificate or certificates thereafter, to rescind such conversion, in which event the Company shall immediately return the certificates representing the principal amount of Debentures tendered for conversion.

Appears in 2 contracts

Sources: Debenture Agreement (Tarrant Apparel Group), Securities Purchase Agreement (Tarrant Apparel Group)

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate or certificates are not delivered to or as directed by the applicable Holder by the fifth Trading Day after a Conversion the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates thereaftercertificates, to rescind such conversionConversion, in which event the Company shall immediately promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates representing the principal amount of Debentures this Debenture unsuccessfully tendered for conversionconversion to the Company.

Appears in 2 contracts

Sources: Exhibit A (Octavian Global Technologies, Inc.), Convertible Security Agreement (Octavian Global Technologies, Inc.)

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate or certificates are not delivered to or as directed by the applicable Holder by the fifth Trading Day after a the Conversion Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates thereaftercertificates, to rescind such conversionConversion, in which event the Company shall immediately promptly return to the Holder any original Note delivered to the Company and the Holder shall promptly return the Common Stock certificates representing the principal amount of Debentures this Note tendered for conversionconversion to the Company.

Appears in 2 contracts

Sources: Convertible Security Agreement (Elio Motors, Inc.), Convertible Security Agreement (Elio Motors, Inc.)

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate or certificates are not delivered to or as directed by the applicable Holder by the fifth Trading Business Day after a Conversion Date, the Holder shall be entitled by written notice to the Company at any time on or before its the Holder’s receipt of such certificate or certificates thereafter, to rescind such conversion, in which event the Company shall immediately return the certificates representing the principal amount of Debentures tendered for conversion.

Appears in 1 contract

Sources: Convertible Security Agreement (Preferred Voice Inc)

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate or certificates are not delivered to or as directed by the applicable Holder by the fifth seventh Trading Day after a Conversion Date, the Holder shall be entitled by written notice to the Company at any time on or before its receipt of such certificate or certificates thereafter, to rescind such conversion, in which event the Company shall immediately return the certificates representing the principal amount of Debentures tendered for conversion.

Appears in 1 contract

Sources: Securities Purchase Agreement (Medialink Worldwide Inc)

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate or certificates representing Conversion Shares are not delivered to or as directed by the applicable Holder by the fifth Trading Day after a Conversion Date, the Holder shall be entitled by written notice to the Company at any time on or before its receipt of such certificate or certificates thereafter, to rescind such conversion, in which event the Company shall immediately return the certificates representing the principal amount of Debentures tendered for conversion.

Appears in 1 contract

Sources: Convertible Security Agreement (Access Integrated Technologies Inc)

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate or certificates are not delivered to or as directed by the applicable Holder by the fifth seventh Trading Day after a the Conversion Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates thereaftercertificates, to rescind such conversion, in which event the Company shall immediately promptly return to such Holder any original note delivered to the Company and such Holder shall promptly return the Common Stock certificates representing the principal amount of Debentures this Note tendered for conversionconversion to the Company.

Appears in 1 contract

Sources: Senior Unsecured Convertible Note Purchase Agreement (Vitesse Semiconductor Corp)

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate or certificates are not delivered to or as directed by the applicable Holder by the fifth Trading Day after a Conversion Date, the Holder shall be entitled by written notice to the Company at any time on or before its receipt of such certificate or certificates thereafter, to rescind such conversion, in which event the Company Holder shall immediately return the certificates representing the principal amount of Debentures Notes tendered for conversion.

Appears in 1 contract

Sources: Loan Modification Agreement (Whispering Oaks International Inc)

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate or certificates are not delivered to or as directed by the applicable Holder by the fifth Trading Day after a Conversion Date, the Holder shall be entitled by written notice to the Company at any time on or before its receipt of such certificate or certificates thereafter, to rescind such conversion, in which event the Company shall immediately return the certificates representing the principal amount of Debentures this Note tendered for conversion.

Appears in 1 contract

Sources: Convertible Security Agreement (Teton Energy Corp)

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate or certificates are not delivered to or as directed by the applicable Holder by the fifth Trading Day after a the Conversion Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates thereaftercertificates, to rescind such conversionConversion, in which event the Company shall immediately promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates representing the principal amount of Debentures this Debenture unsuccessfully tendered for conversionconversion to the Company.

Appears in 1 contract

Sources: Convertible Security Agreement (Sionix Corp)

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate or certificates are not delivered to or as directed by the applicable Holder by the fifth second Trading Day after a Conversion Date, the Holder shall be entitled by written notice to the Company at any time on or before its receipt of such certificate or certificates thereafter, to rescind such conversion, in which event the Company shall immediately return the certificates representing the principal amount of Debentures Notes tendered for conversion.

Appears in 1 contract

Sources: Convertible Security Agreement (Oncolix, Inc.)

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate or certificates are not delivered to or as directed by the applicable Holder by the fifth Trading Day after a the Conversion Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before prior to its receipt of such certificate or certificates thereaftercertificates, to rescind such conversionConversion, in which event the Company shall immediately promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return the Common Stock certificates representing the principal amount of Debentures this Debenture tendered for conversionconversion to the Company.

Appears in 1 contract

Sources: Convertible Security Agreement (MCF Corp)

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate or certificates are not delivered to or as directed by the applicable Holder by the fifth Trading Day after a the Conversion Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates thereaftercertificates, to rescind such conversionConversion, in which event the Company shall immediately promptly return to the Holder any original Convertible Note delivered to the Company and the Holder shall promptly return the Common Stock certificates representing the principal amount of Debentures this Convertible Note tendered for conversionconversion to the Company.

Appears in 1 contract

Sources: Convertible Security Agreement (Petrosearch Energy Corp)

Failure to Deliver Certificates. If in the case of any Notice of Conversion such certificate or certificates are not delivered to or as directed by the applicable Holder by the fifth Trading Business Day after a Conversion Date, the Holder shall be entitled by written notice to the Company at any time on or before its the Holder's receipt of such certificate or certificates thereafter, to rescind such conversion, in which event the Company shall immediately return the certificates representing the principal amount of Debentures tendered for conversion.

Appears in 1 contract

Sources: Convertible Security Agreement (Preferred Voice Inc)