Public Information Failure Payments. Public Information Failure Payments shall be paid on the earlier of (1) the last day of the calendar month during which such Public Information Failure Payments are incurred and (2) the third (3rd) business day after the event or failure giving rise to the Public Information Failure Payments is cured. In the event the Company fails to make Public Information Failure Payments in a timely manner, such Public Information Failure Payments shall bear interest at a rate equal to the lesser of 1.5% per month (prorated for partial months) or the maximum amount allowed by applicable law until paid in full. Nothing herein shall limit Paramount's right to pursue actual damages for the Public Information Failure, and Paramount shall have the right to pursue all remedies available to it at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief.
Appears in 2 contracts
Sources: Restricted Stock Purchase Agreement (Outerwall Inc), Restricted Stock Purchase Agreement (Outerwall Inc)
Public Information Failure Payments. Public Information Failure Payments shall be paid on the earlier of (1i) the last day of the calendar month during which such Public Information Failure Payments are incurred and (2ii) the third (3rd) business day after the event or failure giving rise to the Public Information Failure Payments is cured. In the event the Company fails to make Public Information Failure Payments in a timely manner, such Public Information Failure Payments shall bear interest at a the rate equal to the lesser of 1.5% per month (prorated for partial months) or the maximum amount allowed by applicable law until paid in full. Nothing herein shall limit Paramount's such Warrant Holder’s right to pursue actual damages for the Public Information Failure, and Paramount such Warrant Holder shall have the right to pursue all remedies available to it at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief.
Appears in 1 contract
Sources: Warrant Exercise Agreement (Oxis International Inc)