Contents
1.Failure to Deliver Warrant Shares (a)
2.Credit Union Liability for Failure To Make Transfers
Failure to Deliver Warrant Shares (a)
If the Company fails for any reason (other than as a result of the Holder’s failure, in the case of a Cash Exercise( as defined below), to pay the total Exercise Price for the Warrant Shares being bought) to deliver to the Holder the number of Warrant Shares specified in the applicable Exercise Notice( without any restrictive legend to the extent permitted by the terms of the Securities Purchase Agreement) on or before the alternate( 2nd) Business Day following the Delivery Date therefor( an “ Exercise dereliction ”), the Holder shall have the right to admit from the Company an amount equal to (N/ 365) multiplied by
1.The total Exercise Price of the Warrant Shares which are the subject of similar Exercise dereliction multiplied by
2.The lower of sixteen percent (16) and the maximum rate permitted by applicable law or by the applicable rules or regulations of any Governmental Agency.
If shares of Common Stock are bought by or on behalf of the Holder to make delivery on a trade effected in expectation of entering Warrant Shares upon an exercise, the Holder shall have the right to admit from the Company, in addition to the antecedent quantities,
1.The aggregate amount paid by or on behalf of the Holder for similar shares of Common Stock disadvantage
2.The aggregate amount of net proceeds, if any, entered by the Holder from the trade of the Warrant Shares issued by the Company money to similar exercise.
Amounts outstanding under this Section 3(a) shall be paid to the Holder in incontinently available finances on or before the fifth (5th) Business Day following written notice from the Holder to the Company specifying the amount owed to it by the Company money to this Section 3(a).
Credit Union Liability for Failure To Make Transfers
If we don’t complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. still, we won’t be liable for direct or consequential damages in the following events If, through no fault of ours, there isn’t enough money in your accounts to complete the sale, if any finances in your accounts necessary to complete the sale are held as uncollected finances money to our finances Vacuity Policy Disclosure, or if the sale involves a loan request exceeding your credit limit. – If you used your card or access law incorrectly. – If the ATM where you’re making the transfer doesn’t have enough cash. – If the ATM wasn’t working duly and you knew about the problem when you started the sale. – If circumstances beyond our control (similar to fire, flood tide, or power failure) help the sale. – If the money in your account is subject to legal process or another claim. – If finances in your account are pledged as collateral or firmed because of a tardy loan. – If the error was caused by a system of any sharing ATM network. – If the electronic transfer isn’t completed as a result of your will-ful or careless use of your card, access law, or any EFT installation for making similar transfers. If the telephone or computer outfit you use to conduct audio response, online/ PC, or mobile banking deals isn’t working duly and you know or should have known about the breakdown when you started the sale. – If you have xxxx payment services, we can only confirm the amount, the sharing trafficker, and the date of the xxxx payment transfer made by the Credit Union. For any other error or question you have involving the billing statement of the sharing trafficker, you must communicate with the trafficker directly. We aren’t responsible for probing similar crimes. The Holder shall be entitled to handpick by written notice to the Company at any time on or before its damage of similar instrument or instruments, to rescind similar Conversion, in which event the Company shall instantly return to the Holder any original Debenture delivered to the Company and the Holder shall instantly return to the Company the Common Stock instruments representing the top quantum of this Debenture unsuccessfully proffered for conversion to the Company.
