Common use of Failure to Deliver Common Stock or Replacement Note Clause in Contracts

Failure to Deliver Common Stock or Replacement Note. The Company’s failure to deliver Common Stock to the Holder pursuant to and in the form required by this Note and the Purchase Agreement and, if such failure to deliver Common Stock shall not be cured within two (2) business days or the Company is required to issue a replacement Note to the Holder and the Company shall fail to deliver such replacement Note within seven (7) business days.

Appears in 9 contracts

Sources: Securities Purchase Agreement (Modtech Holdings Inc), Note Agreement (Iwt Tesoro Corp), Secured Convertible Term Note (Apogee Technology Inc)

Failure to Deliver Common Stock or Replacement Note. The Company’s Borrower's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, and Section 9 of the Security Agreement, or if required, a replacement Note and the Purchase Agreement and, if such failure to timely deliver Common Stock shall not be cured within two (2) business days or the Company is required such failure to issue deliver a replacement Note to the Holder and the Company shall fail to deliver such replacement Note is not cured within seven (7) business days.

Appears in 5 contracts

Sources: Secured Convertible Minimum Borrowing Note (Inyx Inc), Secured Convertible Note (Home Solutions of America Inc), Secured Convertible Note (Veridium Corp)

Failure to Deliver Common Stock or Replacement Note. The Company’s failure to deliver Common Stock to the Holder pursuant to and in the form required by this Note and the Purchase Agreement and, if such failure to deliver Common Stock shall not be cured within two (2) business days or the Company is required to issue a replacement Note to the Holder and the Company shall fail to deliver such replacement Note within seven (7) business days.; or

Appears in 3 contracts

Sources: Convertible Note Agreement (General Environmental Management, Inc), Secured Convertible Term Note (Biodelivery Sciences International Inc), Convertible Note (General Environmental Management, Inc)

Failure to Deliver Common Stock or Replacement Note. The Company’s Borrower's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note, or if required, a replacement Note and the Purchase Agreement and, if such failure to timely deliver Common Stock shall not be cured within two (2) business days Business Days or the Company is required such failure to issue deliver a replacement Note to the Holder and the Company shall fail to deliver such replacement Note is not cured within seven (7) business daysBusiness Days.

Appears in 3 contracts

Sources: Convertible Term Note (Tidel Technologies Inc), Convertible Term Note (Tidel Technologies Inc), Convertible Term Note (Tidel Technologies Inc)

Failure to Deliver Common Stock or Replacement Note. The Company’s Borrower's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note and the Purchase Agreement and, if such failure to timely deliver Common Stock shall not be cured within two (2) business days Business Days, or the Company is required to issue if required, a replacement Note to the Holder and the Company shall fail if such failure to deliver such a replacement Note is not cured within seven (7) business daysBusiness Days.

Appears in 3 contracts

Sources: Secured Convertible Term Note (Dyntek Inc), Secured Convertible Term Note (Dyntek Inc), Secured Convertible Term Note (Dyntek Inc)

Failure to Deliver Common Stock or Replacement Note. The CompanyT▇▇▇▇▇ Equipment’s failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note and the Purchase Agreement andSecurity Agreement, if such failure to timely deliver Common Stock shall not be cured within two (2) business days or the Company days. If any Borrower is required to issue a replacement Note to the Holder and the Company such Borrower shall fail to deliver such replacement Note within seven (7) business daysBusiness Days.

Appears in 2 contracts

Sources: Secured Convertible Term Note (Maxim Mortgage Corp/), Secured Convertible Minimum Borrowing Note (Maxim Mortgage Corp/)

Failure to Deliver Common Stock or Replacement Note. The CompanyT▇▇▇▇▇ Equipment’s failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note and the Purchase Agreement andSecurity Agreement, if such failure to timely deliver Common Stock shall not be cured within two (2) business days or the Company days. If any Borrower is required to issue a replacement Note to the Holder and the Company such Borrower shall fail to deliver such replacement Note within seven (7) business daysBusiness Days. The occurrence of a change in the controlling ownership of the Company.

Appears in 1 contract

Sources: Secured Revolving Note (Maxim Mortgage Corp/)

Failure to Deliver Common Stock or Replacement Note. The Company▇▇▇▇▇▇ Equipment’s failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note and the Purchase Agreement andSecurity Agreement, if such failure to timely deliver Common Stock shall not be cured within two (2) business days or the Company days. If any Borrower is required to issue a replacement Note to the Holder and the Company such Borrower shall fail to deliver such replacement Note within seven (7) business daysBusiness Days. The occurrence of a change in the controlling ownership of the Company.

Appears in 1 contract

Sources: Secured Revolving Note (Thomas Equipment, Inc.)

Failure to Deliver Common Stock or Replacement Note. The Company’s failure to deliver Common Stock to the Holder pursuant to and in the form required by this Note and the Purchase Agreement and, if such failure to deliver Common Stock shall not be cured within two (2) business days (or up to five (5) business days with respect to no more than two (2) delays in any calendar year, so long as such delay is soley out of the control of the Company) or the Company is required to issue a replacement Note to the Holder and the Company shall fail to deliver such replacement Note within seven (7) business days.

Appears in 1 contract

Sources: Secured Convertible Term Note (House of Brussels Chocolates Inc)

Failure to Deliver Common Stock or Replacement Note. The Company’s 's failure to timely deliver Common Stock to the Holder pursuant to and in the form required by this Note and the Purchase Agreement andSecurity Agreement, if such failure to timely deliver Common Stock shall not be cured within two three (23) business days or the Company days. If any Borrower is required to issue a replacement Note to the Holder and the Company such Borrower shall fail to deliver such replacement Note within seven fourteen (714) business days.

Appears in 1 contract

Sources: Secured Convertible Minimum Borrowing Note (Catalyst Lighting Group Inc)

Failure to Deliver Common Stock or Replacement Note. The Company’s failure to deliver Common Stock to the Holder pursuant to and in the form required by this Note and the Purchase Agreement and, if such failure to deliver Common Stock shall not be cured within two five (25) business days or the Company is required to issue a replacement Note to the Holder and the Company shall fail to deliver such replacement Note within seven (7) business days.

Appears in 1 contract

Sources: Securities Purchase Agreement (Standard Management Corp)

Failure to Deliver Common Stock or Replacement Note. The Company’s 's ------------------------------------------------------ failure to deliver Common Stock to the Holder pursuant to and in the form required by this Note and the Purchase Agreement and, if such failure to deliver Common Stock shall not be cured within two (2) business days or the Company is required to issue a replacement Note to the Holder and the Company shall fail to deliver such replacement Note within seven (7) business days.; or

Appears in 1 contract

Sources: Secured Convertible Term Note (Windswept Environmental Group Inc)

Failure to Deliver Common Stock or Replacement Note. The -------------------------------------------------------- Company’s 's failure to deliver Common Stock to the Holder pursuant to and in the form required by this Note and the Purchase Agreement and, if such failure to deliver Common Stock shall not be cured within two (2) business days or the Company is required to issue a replacement Note to the Holder and the Company shall fail to deliver such replacement Note within seven (7) business days.

Appears in 1 contract

Sources: Secured Convertible Term Note (New Century Energy Corp.)

Failure to Deliver Common Stock or Replacement Note. The Company’s Patients’ failure to deliver Common Stock to the Holder pursuant to and in the form required by this Note and the Purchase Agreement and, if such failure to deliver Common Stock shall not be cured within two (2) business days or Patients and the Company is are required to issue a replacement Note to the Holder and Patients and the Company shall fail to deliver such replacement Note within seven (7) business days.

Appears in 1 contract

Sources: Secured Convertible Term Note (Patients & Physicians, Inc.)