Amendment and Restatement of Existing Notes. Subject to the satisfaction of the conditions precedent set forth in Section 5 hereof, the Existing Notes are hereby, automatically and without any further action, amended and restated in their entirety to delete the reference to “Acquisition Spike” therein and to reflect in lieu thereof “Additional Interest”. The parties hereto hereby acknowledge and agree that the amendments to the Existing Notes set forth herein could have been effected through an agreement or instrument of amendment, and for convenience, the parties hereto have agreed to restate the terms and provisions of the Existing Notes, as amended hereby, pursuant to this Section 3. At the request of any Holder, the Company shall execute and deliver a new Note or Notes in the form of the relevant Exhibit (as amended by this Amendment) to the Note Facility, in exchange for, and in replacement of, each Holder’s Existing Note, within five Business Days of such request, registered in the name of such Holder, in the aggregate outstanding principal amount of such Existing Note and dated as of the last interest payment date of such Existing Note. Any Notes issued on or after the First Amendment Effective Date shall be in the form of the relevant Exhibit to the Note Facility, as amended by this Amendment. The parties hereto specifically agree and confirm that the transactions effected hereby and by the Notes shall in no way evidence a new debt of the Company or a novation of the Existing Notes, but rather that all outstanding debt of the Company in respect of the Existing Notes is continued in full force and effect on the terms and conditions set forth in the Note Facility and the Notes (in each case as modified by this Amendment). All outstanding amounts owing by the Company in respect of the Existing Notes shall continue to be owing under the Note Facility and the Notes (without any further action required on the part of any Person), and shall be payable in accordance with the Note Facility and the Notes (in each case as modified by this Amendment).
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 a Note in the principal amount 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. Subject to the terms and conditions set forth herein, effective as of the Seventh Amendment Effective Date:
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. . . . . . . . . . 2 1.3 Waivers of Existing Events of Default. . . . . . . . . . . . . . . 2 2.
Amendment and Restatement of Existing Notes. The Existing Notes are hereby amended and restated in the manner specified in Exhibit 1.2 hereto.
Amendment and Restatement of Existing Notes. The terms, covenants and provisions of the Existing Notes are hereby modified, amended and restated so that henceforth such terms, covenants and provisions shall be those set forth herein, and the Existing Notes, as so modified, amended and restated, are hereby ratified and confirmed in all respects by Borrower.
