Secured Term Note Sample Contracts

AutoNDA by SimpleDocs
SECURED TERM NOTE
Secured Term Note • August 21st, 2007 • Thomas Equipment, Inc. • Construction machinery & equip • New York

Capitalized terms used herein without definition shall have the meanings ascribed to such terms in that certain Security and Purchase Agreement dated as of November 9, 2004 among Borrowers and the Holder (as amended by that certain letter agreement dated as of the date hereof by and among the Borrowers and the Holder and as otherwise heretofore or hereafter amended, modified, restated and supplemented from time to time, the “Security Agreement”).

AMENDED AND RESTATED SECURED TERM NOTE
Secured Term Note • April 4th, 2008 • True North Energy CORP • Crude petroleum & natural gas • New York

TRUE NORTH ENERGY CORPORATION, a Nevada corporation (“TNEC”), and ICF ENERGY CORPORATION, a Texas corporation (“ICF”, and together with TNEC, each a “Company” and collectively the “Companies”), executed and delivered a secured term note (the “Existing Note”) pursuant to that certain Securities Purchase Agreement dated as of September 18, 2007 (as amended, modified and/or supplemented from time to time, the “Purchase Agreement”), among Companies, the Holder (as defined below), any other Purchasers thereunder and the Holder, as agent for the Purchasers.

AMENDED AND RESTATED SECURED TERM NOTE
Secured Term Note • January 4th, 2008 • Stockeryale Inc • Optical instruments & lenses • New York

Capitalized terms used herein without definition shall have the meanings ascribed to such terms in that certain Securities Purchase Agreement (as amended, restated, modified and/or supplemented from time to time, the “Purchase Agreement”) dated as of December 30, 2005 among the Borrower, the Holder and PSource Structured Debt Limited (as assignee of the Holder) (“PSource”).

Contract
Secured Term Note • December 4th, 2007 • New Century Energy Corp. • Crude petroleum & natural gas • New York

THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO NEW CENTURY ENERGY CORP. THAT SUCH REGISTRATION IS NOT REQUIRED.

Contract
Secured Term Note • May 21st, 2007 • Windswept Environmental Group Inc • Hazardous waste management • New York

THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO WINDSWEPT ENVIRONMENTAL GROUP, INC. THAT SUCH REGISTRATION IS NOT REQUIRED.

SECURED TERM NOTE
Secured Term Note • February 20th, 2007 • Thomas Equipment, Inc. • Construction machinery & equip • New York

Capitalized terms used herein without definition shall have the meanings ascribed to such terms in those certain General Security Agreements and Deeds of Hypothec, as the case may be, dated as of the date hereof by and between each of the Companies and the Holder (as amended, restated, modified and/or supplemented from time to time, collectively, the “Security Agreements”).

SECURED TERM NOTE
Secured Term Note • January 4th, 2006 • Stockeryale Inc • Optical instruments & lenses • New York

FOR VALUE RECEIVED, STOCKERYALE, INC., a Massachusetts corporation (the “Borrower”), hereby promises to pay to LAURUS MASTER FUND, LTD., c/o M&C Corporate Services Limited, P.O. Box 309 GT, Ugland House, South Church Street, George Town, Grand Cayman, Cayman Islands, Fax: 345-949-8080 (the “Holder”) or its registered assigns or successors in interest, without demand, the sum of Four Million Dollars ($4,000,000) (the “Principal Amount”), together with any accrued and unpaid interest, on December 30, 2008 (the “Maturity Date”), if not sooner paid.

Contract
Secured Term Note • June 30th, 2006 • Hesperia Holding Inc • Millwood, veneer, plywood, & structural wood members • New York

THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO PARENT THAT SUCH REGISTRATION IS NOT REQUIRED.

SECURED TERM NOTE
Secured Term Note • December 2nd, 1997 • BMJ Medical Management Inc • Services-specialty outpatient facilities, nec
SECURED TERM NOTE
Secured Term Note • February 20th, 2007 • Thomas Equipment, Inc. • Construction machinery & equip • New York

Capitalized terms used herein without definition shall have the meanings ascribed to such terms in that certain Stock Pledge, dated as of the date hereof, by and between Thomas Ventures and the Holder (as the same may be amended, modified, restated and supplemented from time to time, the “Stock Pledge”), that certain Common Stock Purchase Warrant, dated the date hereof, by Thomas Equipment in favor of the Holder (the “Warrant”) or that certain Registration Rights Agreement, by and among the Thomas Equipment and the Holder (the “Registration Rights Agreement” and together with the Stock Pledge and the Warrant, the “Ancillary Documents”), as applicable.

THIRD AMENDED AND RESTATED SECURED TERM NOTE
Secured Term Note • October 10th, 2007 • Elec Communications Corp • Telephone communications (no radiotelephone) • New York
SECURED TERM NOTE
Secured Term Note • April 28th, 2020 • BioRestorative Therapies, Inc. • Services-misc health & allied services, nec • Massachusetts

FOR VALUE RECEIVED, the undersigned, BioRestorative Therapies, Inc., a Delaware corporation (the “Borrower”) as a debtor and debtor in possession, pursuant to the Borrower’s chapter 11 case (the “Chapter 11 Case”) under Title 11 of the United States Code, as amended filed in the Eastern District of New York (the “Bankruptcy Court”) hereby absolutely and unconditionally promises to pay to the order of Auctus Fund, LLC, a Delaware limited liability company, or its successor and/or assign (the “Holder”), in lawful money of the United States of America:

Contract
Secured Term Note • November 10th, 2005 • Coach Industries Group Inc • Motor vehicles & passenger car bodies • New York

THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO COACH INDUSTRIES GROUP, INC. THAT SUCH REGISTRATION IS NOT REQUIRED.

SECURED TERM NOTE
Secured Term Note • April 12th, 2022 • Navidea Biopharmaceuticals, Inc. • In vitro & in vivo diagnostic substances

All overdue amounts under this Note shall accrue interest at shall mean twelve percent (12%) in cash per annum based on the actual number of days elapsed in a 360-day calendar year, effective as of the date of default, and shall be due and payable on demand. All payments hereunder shall be payable in lawful money of the United States of America which shall be legal tender for public and private debts at the time of payments.

SECURED TERM NOTE
Secured Term Note • May 4th, 2006 • Digital Recorders Inc • Radio & tv broadcasting & communications equipment • New York

FOR VALUE RECEIVED, DIGITAL RECORDERS INC., a North Carolina corporation (“DRI”), TWINVISION OF NORTH AMERICA, INC., a North Carolina corporation (“TwinVision”), DIGITAL AUDIO CORPORATION, a North Carolina corporation (“DAC”) and ROBINSON-TURNEY INTERNATIONAL, INC., a Texas corporation (“RTI”, and together with DRI, TwinVision and DAC, the “Company”), jointly and severally promise to pay to LAURUS MASTER FUND, LTD., c/o M&C Corporate Services Limited, P.O. Box 309 GT, Ugland House, South Church Street, George Town, Grand Cayman, Cayman Islands, Fax: 345-949-8080 (the “Holder”) or its registered assigns or successors in interest, the sum of One Million Six Hundred Thousand Dollars ($1,600,000), together with any accrued and unpaid interest hereon, on April 28, 2007 (the “Maturity Date”) if not sooner paid.

SECURED TERM NOTE
Secured Term Note • March 29th, 2019 • Reliv International Inc • Pharmaceutical preparations

This SECURED TERM NOTE is executed and delivered under and pursuant to that certain Purchase Agreement dated as of the date hereof by and among Reliv International, Inc., a Delaware corporation (“Company”) and Nutracom, LLC, a Missouri limited liability company (“Maker”).

Contract
Secured Term Note • January 17th, 2006 • Naturade Inc • Pharmaceutical preparations • New York

THIS AMENDED AND RESTATED NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS AMENDED AND RESTATED NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS AMENDED AND RESTATED NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO NATURADE, INC. THAT SUCH REGISTRATION IS NOT REQUIRED.

Contract
Secured Term Note • November 17th, 2006 • Datalogic International Inc • Services-business services, nec • New York

THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO DATALOGIC INTERNATIONAL, INC. THAT SUCH REGISTRATION IS NOT REQUIRED.

SECOND AMENDED AND RESTATED SECURED TERM NOTE
Secured Term Note • September 25th, 2006 • Science Dynamics Corp • Telephone & telegraph apparatus • New York

Capitalized terms used herein without definition shall have the meanings ascribed to such terms in that certain Securities Purchase Agreement dated as of the date hereof between the Borrower and the Holder (as amended, modified or supplemented from time to time, the “Purchase Agreement”).

SECURED TERM NOTE
Secured Term Note • June 22nd, 2007 • Stockeryale Inc • Optical instruments & lenses • New York

FOR VALUE RECEIVED, STOCKERYALE, INC., a Massachusetts corporation (the “Borrower”), hereby promises to pay to LAURUS MASTER FUND, LTD., c/o M&C Corporate Services Limited, P.O. Box 309 GT, Ugland House, South Church Street, George Town, Grand Cayman, Cayman Islands, Fax: 345-949-8080 (the “Holder”) or its registered assigns or successors in interest, without demand, the sum of Two Million Three Hundred Eighteen Thousand One Hundred Eighty Dollars ($2,318,180) (the “Principal Amount”), together with any accrued and unpaid interest, on June 30, 2010 (the “Maturity Date”), if not sooner paid.

AutoNDA by SimpleDocs
Contract
Secured Term Note • September 23rd, 2004 • Rentech Inc /Co/ • Paints, varnishes, lacquers, enamels & allied prods • Colorado

THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. EXCEPT AS CONTEMPLATED BY THE SECURITIES PURCHASE AGREEMENT BETWEEN RENTECH, INC. AND THE ORIGINAL HOLDER OF THIS NOTE, THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO RENTECH, INC. THAT SUCH REGISTRATION IS NOT REQUIRED.

AMENDED AND RESTATED SECURED TERM NOTE
Secured Term Note • December 21st, 2023 • Scott John K Jr. • In vitro & in vivo diagnostic substances

This Amended and Restated Secured Term Note (the “Note”) amends and restates in its entirety that certain Secured Term Note dated April 10, 2022 made by the Borrower in favor of the Lender in the original principal amount of $2,500,000 (the “Original Note”), all of which was loaned to the Borrower. On June 29, 2023, the Borrower and the Lender agreed to exchange $1,073,600 principal amount of the Original Note for 12,200,000 shares of the Borrower’s common stock based on the closing stock price on June 28, 2023. On the date hereof, the Lender has agreed to forgive $100,000 of principal outstanding under the Original Note and to advance an additional loan in the principal amount of $750,000.00 pursuant to a separate secured convertible promissory note. In addition, the Borrower and the Lender have agreed to extend the maturity date of the Original Note for an additional 12 months.

Contract
Secured Term Note • April 16th, 2015 • GreenHunter Resources, Inc. • Industrial organic chemicals • New York

THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THIS NOTE MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED (I) IN THE ABSENCE OF (A) AN EFFECTIVE REGISTRATION STATEMENT FOR THE SECURITIES UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS OR (B) AN OPINION OF COUNSEL, IN A GENERALLY ACCEPTABLE FORM, THAT REGISTRATION IS NOT REQUIRED UNDER SAID ACT OR APPLICABLE STATE SECURITIES LAWS OR (II) UNLESS SOLD PURSUANT TO RULE 144 UNDER SAID ACT.

Contract
Secured Term Note • February 17th, 2006 • Creative Vistas Inc • Blank checks • New York

THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO IVIEW DIGITAL VIDEO SOLUTIONS INC. THAT SUCH REGISTRATION IS NOT REQUIRED.

Time is Money Join Law Insider Premium to draft better contracts faster.