(b)Any Liquidated Damages shall be paid to each Holder in immediately available funds; provided, however, if the Partnership certifies that it is unable to pay Liquidated Damages in cash because such payment would result in a breach of any covenant or constitute a default under a credit facility, indenture, note purchase agreement or other debt instrument filed as an exhibit to the Partnerships periodic reports filed with the Commission, then the Partnership may pay such Liquidated Damages using as much cash as permitted without breaching any such credit facility or other debt instrument and shall pay the balance of such Liquidated Damages (the In-Kind LD Amount) in kind in the form of the issuance of additional Common Units. Upon any issuance of Common Units as Liquidated Damages, the Partnership shall use commercially reasonable efforts to (i)prepare and file an amendment to such Registration Statement prior to its effectiveness adding such Common Units to such Registration Statement as additional Registrable Securities and (ii)prepare and file a supplemental listing application with the National Securities Exchange on which the Registrable Securities are then listed and traded to list such additional Common Units; provided, that any such Common Units issued pursuant to this Section 2.02(b) shall not be entitled to Liquidated Damages. The number of Common Units to be issued as Liquidated Damages shall be equal to the quotient of the In-Kind LD Amount divided by the VWAP Price.
04/28/2017 (GPM Petroleum LP)
(d) Liquidated Damages. The Company and Purchaser agree that the Liquidated Damages set forth in Section5(c)are waived by Purchaser until the date of a Triggering Event (defined below). If the Company fails to file a Registration Statement by the Filing Deadline and/or such a Registration Statement is not declared effective by the SEC by the Effectiveness Deadline, the Company will owe Purchaser Liquidated Damages that will accrue from and after the date(s)of such failure(s)(the Triggering Event) pursuant to Section5(c)of the Agreement. If the Company is required to pay Liquidated Damages due to a Triggering Event, the Company must pay the Purchaser the Additional Liquidated Damages in addition to the Liquidated Damages that may become due and payable. The Additional Liquidated Damages shall payable within fifteen (15) days of the Triggering Event and shall accrue interest in accordance with the provisions hereof to the extent not paid in full by such date.
09/27/2019 (Jaguar Health, Inc.)
14.6Provided Party A has any one of the following behaviors, Party B is entitled to rescind the contract, and Party A shall pay the liquidated damages to Party B according to the total annual rent of the subsequent year to the year of contract rescission, where Party A’s payment of liquidated damages cannot cover other direct or indirect losses of Party B, it shall still compensate the losses beyond the liquidated damages. Party A shall also compensate the decoration costs of Party B for its preparation work of the leased properties during the decoration period, which amount shall be audited by an independent third-party. The decoration costs will also be calculated according to 20 a year depreciation schedule, however, if the period of actual use of the decoration is less than 20 years, it will be calculated according to the years of actual use.
01/22/2021 (Tony Fun, Inc.)
23. Liquidated Damages. Lender and Borrower agree that in the event Borrower fails to comply with any of the terms or provisions of this Note, Lender’s damages would be uncertain and difficult (if not impossible) to accurately estimate because of the parties’ inability to predict future interest rates, future share prices, future trading volumes and other relevant factors. Accordingly, Lender and Borrower agree that any fees, balance adjustments, Default Interest or other charges assessed under this Note are not penalties but instead are intended by the parties to be, and shall be deemed, liquidated damages (under Lender’s and Borrower’s expectations that any such liquidated damages will tack back to the Purchase Price Date for purposes of determining the holding period under Rule 144).
08/21/2017 (Marijuana Co of America, Inc.)
(c) The Liquidated Damages shall be paid to each Holder in cash within ten (10)Business Days following the last day of 30-day period that the Holders are entitled to such Liquidated Damages. Any payments made pursuant to this Section2.02 shall constitute the Holders exclusive remedy for such events. Any Liquidated Damages due under this Section2.02 shall be paid to the Holders in immediately available funds. The obligation to pay the Liquidated Damages to a Holder pursuant to this Section2.02 shall cease at such time as the Registrable Securities become eligible for resale by such Holder under Rule 144 of the Securities Act without regard to any volume or manner of sale restrictions.
04/01/2019 (SEACOR Marine Holdings Inc.)
Section 2.02 Failure to File or Become Effective; Liquidated Damages. If the Company has not filed the Registration Statement with the Commission on or prior to the applicable Mandatory Shelf Filing Date, then each Holder shall be entitled to a payment (with respect to each Registrable Security held by the Holder), as liquidated damages and not as a penalty, in an amount equal to 0.25% of the Liquidated Damages Multiplier of such Holder for the first 30-day period and (ii) an additional 0.25% of the Liquidated Damages Multiplier of such Holder with respect to each subsequent 30-day period, up to a maximum amount of 1% of the Liquidated Damages Multiplier of such Holder (the “Liquidated Damages”), which shall accrue daily until such date that the Company has filed the Registration Statement with the Commission. To the extent that during any 30-day period a Holder is no longer entitled to receive Liquidated Damages, the Company shall only be required to pay the Liquidated Damages that have accrued to such date.
05/10/2018 (SEACOR Marine Holdings Inc.)
By signing this agreement, the Lessee and the Lessor have established a lease contract of ___ month (s). During the term of lease, except for the force majeure or the Lessor’s reasons, the Lessee is required to pay the rent strictly in accordance with the Contract. If the Lessee wants to terminate the Contract early, it needs to pay a certain amount of liquidated damages. Please fully consider your real needs, financial status and other factors before signing this Contract.
05/24/2019 (To Prosperity Technology Inc)
5.18 Liquidated Damages. The Company's obligations to pay any partial liquidated damages or other amounts owing under the Transaction Documents is a continuing obligation of the Company and shall not terminate until all unpaid partial liquidated damages and other amounts have been paid notwithstanding the fact that the instrument or security pursuant to which such partial liquidated damages or other amounts are due and payable shall have been canceled.
03/22/2017 (Progreen US, Inc.)
4.4If Party B shall pay liquidated damages for breach of this Agreement or violation of the Platform Rules, Party A is entitled to request Party B to pay the liquidated damages. If Party B refuses or fails to pay, Party A is entitled to deduct the corresponding amount from the deposit. In this case, Party B shall pay additional deposit equivalent to the liquidated damages when it pays the liquidated damages. For example, if Party B shall pay liquidated damages as much as RMB N, it shall pay additional RMB N to increase the deposit paid in accordance with Article 4.2 after it pays the liquidated damages or Party A deducts the liquidated damages from the deposit.
02/19/2019 (Senmiao Technology Ltd)
Minimum Acceptance Criteria Not Achieved. If the liquefaction train fails to achieve 95% of the performance guarantee set forth in the EPC Contract (T3) (the minimum acceptance criteria) by the guaranteed substantial completion date, then (i)substantial completion of the liquefaction train will not occur and (ii)Bechtel will pay delay liquidated damages. In addition, Bechtel is required to attempt for 10 months thereafter to correct the work to enable the liquefaction train to achieve the minimum acceptance criteria and otherwise achieve substantial completion. If the liquefaction train has not achieved the minimum acceptance criteria and substantial completion at the end of this 10-month period, then CCL will have the option of either (i)granting Bechtel an additional 10-month correction period or (ii)declaring a Bechtel default.
12/18/2017 (Cheniere Corpus Christi Holdings, LLC)
Performance Liquidated Damages. If the liquefaction train has not achieved the performance guarantee within a specified period after the guaranteed substantial completion date, then Bechtel is required to pay the applicable performance liquidated damages.
12/18/2017 (Cheniere Corpus Christi Holdings, LLC)
Delay Liquidated Damages. If substantial completion of the liquefaction train occurs after the guaranteed substantial completion date, Bechtel will pay CCL delay liquidated damages at the applicable daily rate as defined in the EPC Contract (T3) until substantial completion of the liquefaction train occurs; provided that, if substantial completion occurs within an initial grace period following the guaranteed substantial completion, no delay liquidated damages would be owed.
12/18/2017 (Cheniere Corpus Christi Holdings, LLC)
“3.7. Liquidated Damages. Subject to the terms and conditions of this Agreement, Borrower shall have the right (a) prior to July 31, 2020 to prepay the outstanding principal amount of the Purchased Inventory Sublimit in whole or in part, or (b) prior to July 31, 2020 to prepay in full the entire outstanding principal balance of the Revolving Credit, all accrued and unpaid interest thereon, all fees, costs, expenses and other amounts payable to Lender in connection with the Revolving Credit, and all other Obligations payable to Lender under this Agreement and the other Loan Documents. Borrower’s election to prepay the Purchased Inventory Sublimit in whole or in part, or election to prepay the Obligations relating to the Revolving Credit in full shall be delivered to Lender in writing (a “Principal Reduction Notice”) at least sixty (60) calendar days’ prior to the date of such prepayment. A Principal Reduction Notice shall be irrevocable when delivered to Lender, and if all Obligations relating to the Revolving Credit are finally and indefeasibly paid to Lender in connection with such Principal Reduction Notice, the Revolving Credit shall be terminated and all obligations of Lender to extend credit to Borrower under the Revolving Credit shall terminate.
11/08/2018 (Castle Brands Inc)