FORM MUST BE UPLOADED IN EXCEL FORMAT Clause Samples

This clause requires that any form submissions must be provided specifically in Excel format. In practice, this means that parties must prepare and upload their documents as Excel files, rather than in other formats such as PDF or Word. By mandating a uniform file type, the clause ensures compatibility, facilitates data processing, and reduces the risk of errors or delays caused by incompatible file formats.
FORM MUST BE UPLOADED IN EXCEL FORMAT. Please provide FIVE (5) VERIFIED AND WILLING references, from five different entities, preferably from school districts or other governmental entities who have used your services within the last three years. Additional references may be required. DO NOT INCLUDE TIPS EMPLOYEES AS A REFERENCE. You may provide more than FIVE (5) references. Entity Name Contact Person VALID TYPED EMAIL IS REQUIRED Phone ▇▇▇▇▇▇▇▇ High School District ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Alhambra Unfied School District ▇▇. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Unfied School District ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Nogales Unfied School District ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇@▇▇▇▇.▇▇▇.▇▇.▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Elementary School District ▇▇▇▇▇▇ ▇▇▇▇▇▇-De Oro ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Veregy, LLC ▇▇▇▇▇ ▇▇▇▇▇▇▇ certify that I am the Secretary of the Corporation I, (Name of Corporate Secretary) ▇▇▇▇▇ ▇▇▇▇▇▇▇ CORPORATE SEAL if available SIGNATURE 2/17/2022 DATE Veregy, LLC ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇ ▇▇▇▇ ▇▇▇., ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ 602.452.8746 ALL VENDORS MUST COMPLETE THE ABOVE SECTION CONFIDENTIAL INFORMATION SUBMITTED IN RESPONSE TO COMPETITIVE PROCUREMENT REQUESTS OF EDUCATION SERVICE CENTER REGION 8 AND TIPS (ESC8) IS GOVERNED BY TEXAS GOVERNMENT CODE, CHAPTER 552 If you consider any portion of your proposal to be confidential information and not subject to public disclosure pursuant to Chapter 552 Texas Gov't Code or other law(s), you must attach a copy of all claimed confidential materials within your proposal and put this COMPLETED form as a cover sheet to said materials then scan, name “CONFIDENTIAL” and upload with your proposal submission. (You must include all the confidential information in the submitted proposal. The copy uploaded is to indicate which material in your proposal, if any, you deem confidential in the event the receives a Public Information Request.) ESC8 and TIPS will follow procedures of controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information required by law. Upon your claim and your defense to the Office of Texas Attorney General is required to make the final determination whether the information submitted by you and held by ESC8 and TIPS is confidential and exempt from public disclosure.
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FORM MUST BE UPLOADED IN EXCEL FORMAT. Please provide FIVE (5) VERIFIED AND WILLING references, from five different entities, preferably from school districts or other governmental entities who have used your services within the last three years. Additional references may be required. DO NOT INCLUDE TIPS EMPLOYEES AS A REFERENCE. You may provide more than FIVE (5) references. Entity Name Contact Person VALID TYPED EMAIL IS REQUIRED Phone Ft. ▇▇▇ Houston ISD ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ South San Antonio ISD ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ 210-977-7000 Carl's Electric ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Motors ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Motion Industries ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇-▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ The ▇▇▇▇▇▇ ▇▇▇▇▇ Company ▇▇▇▇ ▇▇▇▇▇ Seguin TX 78155 512-739-6242 ALL VENDORS MUST COMPLETE THE ABOVE SECTION CONFIDENTIAL INFORMATION SUBMITTED IN RESPONSE TO COMPETITIVE PROCUREMENT REQUESTS OF EDUCATION SERVICE CENTER REGION 8 AND TIPS (ESC8) IS GOVERNED BY TEXAS GOVERNMENT CODE, CHAPTER 552 If you consider any portion of your proposal to be confidential information and not subject to public disclosure pursuant to Chapter 552 Texas Gov’t Code or other law(s), you must attach a copy of all claimed confidential materials within your proposal and put this COMPLETED form as a cover sheet to said materials then scan, name “CONFIDENTIAL” and upload with your proposal submission. (You must include all the confidential information in the submitted proposal. The copy uploaded is to indicate which material in your proposal, if any, you deem confidential in the event the receives a Public Information Request.) ESC8 and TIPS will follow procedures of controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information required by law. Upon your claim and your defense to the Office of Texas Attorney General is required to make the final determination whether the information submitted by you and held by ESC8 and TIPS is confidential and exempt from public disclosure.
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FORM MUST BE UPLOADED IN EXCEL FORMAT. Please provide FIVE (5) VERIFIED AND WILLING references, preferably from school districts or other governmental entities who have used your services within the last three years. Additional references may be required. DO NOT INCLUDE TIPS EMPLOYEES AS A REFERENCE. You may provide more than FIVE (5) references. Entity Name Contact Person VALID TYPED EMAIL IS REQUIRED Phone Newburg R-II School District ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇.▇▇.▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇ USD 349 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇ USD 373 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇ County USD 366 ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇▇ County Sheriff's Office Sheriff ▇▇▇▇ ▇. Merchant ▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇ (▇▇▇) ▇▇▇-▇▇▇▇ Perry-Lecompton USD 343 ▇.▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ (▇▇▇) ▇▇▇-▇▇▇▇ North Ottawa County USD 239 ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Northeast ▇▇▇▇▇▇ County R-1 ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇@▇▇▇▇.▇▇▇.▇▇.▇▇ (▇▇▇) ▇▇▇-▇▇▇▇ Solomon USD 393 ▇▇▇▇▇▇ Coup ▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ City of Prairie Village, KS ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ (▇▇▇) ▇▇▇-▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇ 913−381−2800 CONFIDENTIAL INFORMATION SUBMITTED IN RESPONSE TO COMPETITIVE PROCUREMENT REQUESTS OF EDUCATION SERVICE CENTER REGION 8 AND TIPS (ESC8) IS GOVERNED BY TEXAS GOVERNMENT CODE, CHAPTER 552 If you consider any portion of your proposal to be confidential and not subject to public disclosure pursuant to Chapter 552 Texas Gov’t Code or other law(s), you must attach a copy of all claimed confidential materials to this COMPLETED form, name the combined PDF documents “CONFIDENTIAL”, and upload the combined, confidential documents with your proposal submission. If a document is not attached, it will not be considered confidential. The copy uploaded will be the sole indicator of which material in your proposal, if any, you deem confidential in the event TIPS/ESC 8 receives a Public Information Request. If ESC 8 receives a request, any responsive documentation not deemed confidential by you in this manner will be automatically released. For documents deemed confidential by you in this manner, ESC8 and TIPS will follow procedures of controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information required by law, including Attorney General determination. Notwithstanding any other information provided in this solicitation or Vendor designation of certain doc...
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FORM MUST BE UPLOADED IN EXCEL FORMAT. Please provide FIVE (5) VERIFIED AND WILLING references, preferably from school districts or other governmental entities who have used your services within the last three years. Additional references may be required. DO NOT INCLUDE TIPS EMPLOYEES AS A REFERENCE. You may provide more than FIVE (5) references. Entity Name Contact Person VALID TYPED EMAIL IS REQUIRED Phone Goose Creek CISD Dr. ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇.▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Fauquier County Public Schools ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Northwest ISD ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ City of Satellite Beach ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Lowndes County Government ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ W a r r a n t y WARRANTY ABM warrants that the Services will be performed in a safe and workmanlike manner by trained, qualified workers, in strict conformity with accepted industry standards and practices and that the materials used and furnished will be of good quality and suitable for the purpose furnished. Contractor’s warranty shall extend to and cover all Services, labor and supplies furnished by Contractor, its employees, subcontractors and suppliers and Contractor shall be responsible to Customer in all respects for such Services and the material or supplies furnished. Contractor will, at Contractor’s expense, correct all Services performed which do not comply with the applicable scope of work, industry standards or which are otherwise defective or deficient, replace any defective materials, fixtures or equipment used, installed, or placed at a customer location(s) and will perform corrective measures to correct any work damaged or compromised by improperly performed Services or defective materials or equipment. ABM has an extensive team of trained experts, following are seven compelling reasons to choose ABM for your next mechanical project: Outsource functions that do not directly support, develop, or improve your product or service offering. Protect the value of your building, furnishings, and other assets. Control operating costs; and avoid the process of recruiting, hiring, and training. Consolidated billing, web- based service requests, quality control and reporting. Proven Energy Star & LEED programs. M Building Servic Mid Atlantic AB Bu ding Services –CMoindt-rAotllaonptiecrating costs freeing up capital. Confidential & Proprietary Reduce the total number of vendors and transactions. Statement of Services The Inter...
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FORM MUST BE UPLOADED IN EXCEL FORMAT. Please provide FIVE (5) VERIFIED AND WILLING references, from five different
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FORM MUST BE UPLOADED IN EXCEL FORMAT. Please provide FIVE (5) VERIFIED AND WILLING references, from five different entities, preferably from school districts or other governmental entities who have used your services within the last three years. Additional references may be required. DO NOT INCLUDE TIPS EMPLOYEES AS A REFERENCE. You may provide more than FIVE (5) references. Entity Name Contact Person VALID TYPED EMAIL IS REQUIRED Phone Town of Nantucket MA ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇-▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Bristol Community College Jo ▇▇▇ Bentley ▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ City of Warwick Lucas Murray ▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Worcester State University ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Town of Middletown RI ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ RFP 220202 Fleet Fueling and Charging Equipment and Facilities As required by the RFP, Thielsch Engineering, Inc. agrees that all new equipment and services shall include manufacturer’s standard warranty unless otherwise agreed to in writing, and all goods proposed shall be new unless clearly state in writing. Our standard warranty language is offered below and can be customized to each specific project and the needs of each individual customer.
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FORM MUST BE UPLOADED IN EXCEL FORMAT. Please provide FIVE (5) VERIFIED AND WILLING references, from five different entities, preferably from school districts or other governmental entities who have used your services within the last three years. Additional references may be required. DO NOT INCLUDE TIPS EMPLOYEES AS A REFERENCE. You may provide more than FIVE (5) references. Entity Name Contact Person VALID TYPED EMAIL IS REQUIRED Phone Town of Nantucket MA ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇-▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Bristol Community College ▇▇ ▇▇▇ Bentley ▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ City of Warwick Lucas Murray ▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Worcester State University ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Town of Middletown RI ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ 401-849-4027 February 9, 2022 RE: Thielsch Engineering, Inc. ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Cranston, RI 02910 To Whom it May Concern: Please be advised that if so requested by ▇▇▇▇▇▇▇▇ Engineering, Inc., of 195 ▇▇▇▇▇▇▇ Avenue, Cranston, Rhode Island, surety will be considered on single jobs up to forty five million ($45,000,000.00) dollars; within an uncompleted backlog of seventy five million ($75,000,000.00) dollars; subject to the usual surety review of contract documents, general conditions and project funding. The current surety company for Thielsch Engineering, Inc. is Hartford Casualty Insurance Company with an office located at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇. Hartford Casualty Insurance Company is properly licensed in the Commonwealth of Massachusetts and also appears in the Federal Register Circular # 570 issued by the United States Department of the Treasury as a certified surety on Federal contracts. Please also be advised that Thielsch Engineering, Inc. is highly regarded for their ability to complete projects on time and within budget. If I can be of further assistance, please feel free to contact me. Sincerely ▇▇▇▇▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ INSURANCE BROKERAGE, INC. ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Assistant Vice President RFP 220202 Fleet Fueling and Charging Equipment and Facilities As required by the RFP, Thielsch Engineering, Inc. agrees that all new equipment and services shall include manufacturer’s standard warranty unless otherwise agreed to in writing, and all goods proposed shall be new unless clearly state in writing. Our standard warranty language is offered below and can be customized to each specific project and the needs of each individual customer.
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Related to FORM MUST BE UPLOADED IN EXCEL FORMAT

  • SUBMISSION OF THE MONTHLY MI REPORT 4.1 The completed MI Report shall be completed electronically and returned to the Authority by uploading the electronic MI Report computer file to MISO in accordance with the instructions provided in MISO. 4.2 The Authority reserves the right (acting reasonably) to specify that the MI Report be submitted by the Supplier using an alternative communication to that specified in paragraph 4.1 above such as email. The Supplier agrees to comply with any such instructions provided they do not materially increase the burden on the Supplier.

  • Company to Provide Copy of the Prospectus in Form That May be Downloaded from the Internet If requested by the Representatives, the Company shall cause to be prepared and delivered, at its expense, within one business day from the effective date of this Agreement, to the Representatives an “electronic Prospectus” to be used by the Underwriters in connection with the offering and sale of the Offered Shares. As used herein, the term “electronic Prospectus” means a form of Time of Sale Prospectus, and any amendment or supplement thereto, that meets each of the following conditions: (i) it shall be encoded in an electronic format, satisfactory to the Representatives, that may be transmitted electronically by the Representatives and the other Underwriters to offerees and purchasers of the Offered Shares; (ii) it shall disclose the same information as the paper Time of Sale Prospectus, except to the extent that graphic and image material cannot be disseminated electronically, in which case such graphic and image material shall be replaced in the electronic Prospectus with a fair and accurate narrative description or tabular representation of such material, as appropriate; and (iii) it shall be in or convertible into a paper format or an electronic format, satisfactory to the Representatives, that will allow investors to store and have continuously ready access to the Time of Sale Prospectus at any future time, without charge to investors (other than any fee charged for subscription to the Internet as a whole and for on-line time). The Company hereby confirms that it has included or will include in the Prospectus filed pursuant to ▇▇▇▇▇ or otherwise with the Commission and in the Registration Statement at the time it was declared effective an undertaking that, upon receipt of a request by an investor or his or her representative, the Company shall transmit or cause to be transmitted promptly, without charge, a paper copy of the Time of Sale Prospectus.

  • Designation of Start-up Day The Closing Date is hereby designated as the "start-up day" of each of the Upper-Tier REMIC and Lower-Tier REMIC within the meaning of Section 860G(a)(9) of the Code.

  • Compensation for Buy-In on Failure to Timely Deliver Certificates Upon Exercise In addition to any other rights available to the Holder, if the Company fails to cause the Transfer Agent to transmit to the Holder a certificate or the certificates representing the Warrant Shares pursuant to an exercise on or before the Warrant Share Delivery Date, and if after such date the Holder is required by its broker to purchase (in an open market transaction or otherwise) or the Holder’s brokerage firm otherwise purchases, shares of Common Stock to deliver in satisfaction of a sale by the Holder of the Warrant Shares which the Holder anticipated receiving upon such exercise (a “Buy-In”), then the Company shall (A) pay in cash to the Holder the amount, if any, by which (x) the Holder’s total purchase price (including brokerage commissions, if any) for the shares of Common Stock so purchased exceeds (y) the amount obtained by multiplying (1) the number of Warrant Shares that the Company was required to deliver to the Holder in connection with the exercise at issue times (2) the price at which the sell order giving rise to such purchase obligation was executed, and (B) at the option of the Holder, either reinstate the portion of the Warrant and equivalent number of Warrant Shares for which such exercise was not honored (in which case such exercise shall be deemed rescinded) or deliver to the Holder the number of shares of Common Stock that would have been issued had the Company timely complied with its exercise and delivery obligations hereunder. For example, if the Holder purchases Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted exercise of shares of Common Stock with an aggregate sale price giving rise to such purchase obligation of $10,000, under clause (A) of the immediately preceding sentence the Company shall be required to pay the Holder $1,000. The Holder shall provide the Company written notice indicating the amounts payable to the Holder in respect of the Buy-In and, upon request of the Company, evidence of the amount of such loss. Nothing herein shall limit a Holder’s right to pursue any other remedies available to it hereunder, at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief with respect to the Company’s failure to timely deliver certificates representing shares of Common Stock upon exercise of the Warrant as required pursuant to the terms hereof.

  • Compensation for Buy-In on Failure to Timely Deliver Certificates Upon Conversion In addition to any other rights available to the Holder, if Borrower fails for any reason to deliver to the Holder such certificate or certificates by the Share Delivery Date pursuant to Section 4(c)(ii), and if after such Share Delivery Date the Holder is required by its brokerage firm to purchase (in an open market transaction or otherwise), or the Holder or Holder’s brokerage firm otherwise purchases, shares of Common Stock to deliver in satisfaction of a sale by the Holder of the Conversion Shares which the Holder was entitled to receive upon the conversion relating to such Share Delivery Date (a “Buy-In”), then Borrower shall (A) pay in cash to the Holder (in addition to any other remedies available to or elected by the Holder) the amount, if any, by which (x) the Holder’s total purchase price (including any brokerage commissions) for the Common Stock so purchased exceeds (y) the product of (1) the aggregate number of shares of Common Stock that the Holder was entitled to receive from the conversion at issue multiplied by (2) the actual sale price at which the sell order giving rise to such purchase obligation was executed (including any brokerage commissions) and (B) at the option of the Holder, either reissue (if surrendered) this Note in a principal amount equal to the principal amount of the attempted conversion (in which case such conversion shall be deemed rescinded) or deliver to the Holder the number of shares of Common Stock that would have been issued if Borrower had timely complied with its delivery requirements under Section 4(c)(ii). For example, if the Holder purchases Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted conversion of this Note with respect to which the actual sale price of the Conversion Shares (including any brokerage commissions) giving rise to such purchase obligation was a total of $10,000 under clause (A) of the immediately preceding sentence, Borrower shall be required to pay the Holder $1,000. The Holder shall provide Borrower written notice indicating the amounts payable to the Holder in respect of the Buy-In and, upon request of Borrower, evidence of the amount of such loss. Nothing herein shall limit a Holder’s right to pursue any other remedies available to it hereunder, at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief with respect to Borrower’s failure to timely deliver certificates representing shares of Common Stock upon conversion of this Note as required pursuant to the terms hereof.