Amendment and Restatement of Existing Notes. The Company agrees, and subject to the satisfaction of the conditions precedent set forth in Section 5 of this Agreement, each Existing Noteholder, by its execution of this Agreement, hereby agrees and consents to the amendment and restatement of the Existing Notes in their entirety, and such Existing Notes shall, without any further action required on the part of any other Person, be cancelled and replaced by notes having the terms provided in Exhibit 3.1(a)(i) (the “Series A-1 Senior Notes”), Exhibit 3.1 (a)(ii) (the “Series A-2 Senior Notes”, together with the Series A-1 Senior Notes, collectively the “Series A Senior Notes”), Exhibit 3.1(b)(i) (the “Series B-1 Senior Notes”), Exhibit 3.1(b)(ii) (the “Series B-2 Senior Notes”, together with the Series B-1 Senior Notes, collectively, the “Series B Senior Notes”), Exhibit 3.1(c)(i) (the “Series C-1 Senior Notes”), Exhibit 3.1(c)(ii) (the “Series C-2 Senior Notes”), and Exhibit 3.1(c)(iii) (the “Series CMW Senior Notes”, together with the Series C-1 Senior Notes and the Series C-2 Senior Notes, collectively, the “Series C Senior Notes”) to this Agreement (in each case as to each respective Existing Noteholder, with the principal amount and the payee of each Senior Note (as defined below) and the series of such Senior Note as set forth on Schedule A), which Series A Senior Notes, Series B Senior Notes and Series C Senior Notes shall be hereinafter referred to, individually, as a “Senior Note” and, collectively, as the “Senior Notes”; and the term “Senior Notes” as used herein shall include each Senior Note delivered pursuant to any provision of this Agreement, and each Senior Note delivered in substitution or exchange for any such Senior Note pursuant to any such provision. At the Closing (as defined below), each Existing Noteholder shall deliver to the Company for cancellation the Existing Notes held by it or a lost note affidavit substantially in the form of Exhibit 3.1 hereto, and, subject to the receipt thereof, the Company will issue and deliver a Senior Note or Senior Notes in the form attached hereto as Exhibit 3.1(a)(i), Exhibit 3.1(a)(ii), Exhibit 3.1(b)(i), Exhibit 3.1(b)(ii), Exhibit 3.1(c)(i), Exhibit 3.1(c)(ii) or Exhibit 3.1(c)(iii), as applicable, in favor of such holder in replacement of such holder’s Existing Note or Existing Notes.
Amendment and Restatement of Existing Notes. The Company, by its execution of this Agreement, hereby agrees and consents to the amendment and restatement in their entirety of the Existing Notes to be in the forms of Exhibit 1(a) and Exhibit 1(b), as appropriate, hereto. The Existing Notes, as so amended and restated, shall be hereinafter referred to, individually, as a "Note" and, collectively, as the "Notes," and shall include each Note delivered pursuant to any provision of this Agreement and each Note delivered in substitution or exchange for any such Note pursuant to any such provision. The Company has duly authorized the execution and delivery to each Noteholder of the Notes, which Notes shall (i) be substituted in the place of the Existing Notes, (ii) be dated and bear interest from the date of the last full payment of interest on the Existing Notes, (iii) have the terms herein and therein provided, and (iv) be substantially in the forms set out in Exhibit 1(a) and Exhibit 1(b), as appropriate, with such changes therefrom, if any, as may be approved by the Noteholders and the Company.
Amendment and Restatement of Existing Notes. At the Closing, subject to the terms and conditions of this Agreement, the Company and the Noteholders will amend and restate, each of the Existing Notes, in the form of Exhibit A, in the respective amounts set forth beside each Noteholder’s name on Annex II, as Amended Notes, dated the Closing Date, and duly executed by the Company and registered in the name of the applicable Noteholder or its nominee. The principal amount of each Existing Note that is amended and restated as an Amended Note shall be 100% of the principal amount of such Existing Note immediately prior to the Closing, plus accrued interest through the Closing Date.
Amendment and Restatement of Existing Notes. Subject to satisfaction (or waiver) of the conditions set forth in Sections 5 and 6 below, at the closing of this Agreement (the “Closing”), (i) the Investor shall surrender to the Company its Existing Notes and (ii) the Company shall issue and deliver to the Investor Notes in the principal amounts set forth opposite the Investor’s name in column (3) of the Securities Schedule attached hereto.
Amendment and Restatement of Existing Notes. The Existing Notes, as amended and restated by Exhibit B to this Amendment Agreement, shall be hereinafter referred to, individually, as a “Note” and, collectively, as the “Notes.” The Existing Notes are hereby, without any further action required on the part of any other Person, deemed to be automatically amended to conform to and have the terms provided in Exhibit B to this Amendment Agreement (except that the principal amount and the payee of each Note shall remain unchanged). Any Note issued on or after the Effective Date shall be in the form of Exhibit B to this Amendment Agreement. The term “Notes” as used in the Existing Note Purchase Agreement shall include each Note delivered pursuant to any provision of the Existing Note Purchase Agreement, as amended hereby (and as hereafter amended) and each Note delivered in substitution or exchange for any such Note pursuant to any such provision.
Amendment and Restatement of Existing Notes. (a) The forms of the Existing Series A Note, Existing Series B Note and Existing Series C Note attached to the Existing Note Purchase Agreement as Exhibit A1, Exhibit A2 and Exhibit A3, respectively, are hereby amended and restated in full in the forms attached as Exhibit A1, Exhibit A2 and Exhibit A3, respectively, to the Amended Note Purchase Agreement.
(b) All Existing Notes of each Series outstanding on the Effective Date are hereby, without any further action being required on the part of the Noteholders or on the part of any other Person, deemed to be conformed to the form of Amended Note of such Series attached to the Amended Note Purchase Agreement as Exhibit A1, Exhibit A2 or Exhibit A3, as the case may be. The outstanding Amended Notes shall be and are entitled to all of the rights and benefits provided therefor in the Amended Note Purchase Agreement.
Amendment and Restatement of Existing Notes. (a) The form of the Existing Notes attached to the Existing Note Purchase Agreement as Exhibit A is hereby amended and restated in full in the form attached as Exhibit A to the Amended Note Purchase Agreement.
(b) All Existing Notes outstanding on the Effective Date are hereby, without any further action being required on the part of the Noteholders or on the part of any other Person, deemed to be conformed to the form of Amended Note attached to the Amended Note Purchase Agreement as Exhibit A. The outstanding Amended Notes shall be and are entitled to all of the rights and benefits provided therefor in the Amended Note Purchase Agreement.
Amendment and Restatement of Existing Notes. ISSUANCE OF COMMON SHARES; AMENDMENT AND RESTATEMENT OF EXISTING WARRANTS; LETTER OF CREDIT; INTEREST PAYMENT.
Amendment and Restatement of Existing Notes. This Note con- ----------------------------------------- solidates, amends and restates in their entirety the terms and provisions of those certain promissory notes as more fully described on Exhibit A attached -------- hereto (said mortgage notes being hereinafter collectively called the "EXISTING NOTES") so that this Note shall hereafter constitute evidence of but one debt in the principal amount of Fifteen Million Five Hundred Thousand and 00/100 ($15,500,000.00) Dollars. The conditions contained in this Note shall supersede and control the terms, covenants, agreements, rights, obligations and conditions of the Existing Notes (it being agreed that the modification of the Existing Notes shall not impair the debt evidenced by each of the Existing Notes). This Note does not create any new or additional indebtedness but evidences the same indebtedness evidenced by the Existing Notes and secured by the Mortgage.
Amendment and Restatement of Existing Notes. Upon the effectiveness of this Amendment as provided in Section 7 below, each of the Existing Notes of each Series is, without any further action required on the part of any other Person, deemed to be automatically amended to conform to and have the terms provided in this Amendment Agreement (except that the principal amount and the payee of each Existing Note shall remain unchanged). The Existing Notes, as amended and restated consistent with Exhibits X-0, X-0, X-0 or B-4, as the case may be, shall be hereinafter referred to, individually, as a “Note” and, collectively, as the “Notes.” Any Note issued on or after the Effective Date (as defined below) shall be in the form of Exhibit X-0, X-0, X-0 or B-4 to this Amendment Agreement, as the case may be. The term “Notes” as used in each Note Agreement shall include each Note delivered pursuant to any provision of such Note Agreement (and as hereafter amended) and each Note delivered in substitution or exchange for any such Note pursuant to any such provision.
