Amendment and Restatement of Notes. The Company hereby agrees that if requested to do so by the Purchaser, it will execute an amended and restated Note (the "Amended and Restated Note") incorporating the amendments to the note set forth in Section II of this letter agreement. Upon delivery of the Amended and Restated Note, the Purchaser will surrender to the Company the Note outstanding on the date hereof (the "Old Note"). The Amended and Restated Note shall be dated the date of, and be in the same denomination as, the Old Note replaced by it. From and after the date of delivery of the Amended and Restated Note, all references in any Transaction Document, as amended hereby, to the term "Note" or "Notes" shall be deemed to refer to the Amended and Restated Note.
Amendment and Restatement of Notes. (a) Subject to the terms and conditions set forth herein, the Lender party hereto agrees to the amendment and restatement of the Existing Note(s) held by such Lender and the replacement thereof with the Amended and Restated Note as identified on Schedule 1. The Amended and Restated Note(s) issued to such Lender shall amend, restate, replace and supersede (but not cause a novation of) the Existing Note(s) held by such Lender. Concurrently with the Closing, the Borrower shall execute and deliver such Amended and Restated Note(s) to the Lender party hereto.
Amendment and Restatement of Notes. Each of the Existing Notes is hereby and shall be deemed to be, automatically and without any further action on the part of the Company or the Holders, amended and restated in its entirety to conform to the appropriate form of Note attached to the Note Purchase Agreement, effective as of the Second Amendment Effective Date, except that the principal amount, registration number and payee set forth in each Existing Note shall remain the same. At the request of any Holder and upon compliance by such Holder with the provisions of Section 13 of the Note Purchase Agreement, the Company shall execute and deliver a new Note or Notes in the appropriate form attached to the Note Purchase Agreement in exchange for, and in replacement of, such Holder’s Existing Notes within 10 Business Days of such request and surrender, registered in the name of such Holder, in the aggregate principal amount of the Existing Notes owing to such Holder at the time of such exchange and dated the date of the last interest payment made to such Holder in respect of each such Existing Note.
Amendment and Restatement of Notes. (a) Each of the Previous Notes shall, upon satisfaction of the conditions precedent set forth in Section 2.02 hereof, be amended and restated in their entirety in the forms set forth on Annex B as the Revolving Notes.
Amendment and Restatement of Notes. In order to implement the amendment and modifications contemplated hereby, the Company hereby agrees to issue and deliver to each Noteholder, and each such Noteholder agrees to accept from the Company, in exchange for and against surrender for cancellation of the Existing Notes originally issued under the Note Agreement, the Company's amended and restated 9.00% Senior Notes (any such promissory notes issued to the Noteholders on the date hereof pursuant to this Amendment, and any such promissory notes which may be issued in substitution or exchange therefor, herein collectively called the "9.00% Senior Notes") in the aggregate principal amount of $16,666,667, to be dated the date of issue, to bear interest from such date at the rate of 9.00% per annum, payable monthly on the first day of each month (commencing on the first such day next succeeding the date hereof) and at maturity and to bear interest on overdue principal (including any overdue required or optional prepayment of principal) and on any overdue installment of interest at the rate of 11.00% per annum after the date due, whether by acceleration or otherwise, until paid, to be expressed to mature on November 1, 2005, and to be substantially in the form of Exhibit A attached hereto. Such 9.00% Senior Notes are given in renewal (but not in extinguishment) of, and amend and restate in their entirety, the Existing Notes issued to the Noteholders on November 1, 1995 pursuant to the Note Agreement. From and after the date hereof, all references in the Note Agreement and the other Note Documents to "Notes" shall be deemed references to the 9.00% Senior Notes. Exhibit A attached to the Note Agreement is hereby deleted in its entirety and replaced with Exhibit A attached hereto.
Amendment and Restatement of Notes. The Notes are hereby amended, restated, and their outstanding principal and accrued interest are aggregated in their entirety into a single new Amended and Restated Promissory Note in the form attached hereto as Exhibit A.
Amendment and Restatement of Notes. Each Note is hereby amended and restated into the form attached hereto as Exhibit A.
Amendment and Restatement of Notes. As a condition precedent to this Amendment, each of the Notes shall be amended and restated in form and substance attached hereto as Exhibit “B” and the definition of “Note” in the Credit Agreement and other Credit Documents shall be deemed amended to refer to the amended and restated notes attached hereto as Exhibit “B”.
Amendment and Restatement of Notes. The form of Convertible Note attached to the Purchase Agreement as Exhibit A shall be amended and restated in its entirety to read as set forth in Exhibit A attached to this Amendment. On the date hereof, each Investor agrees to surrender its existing Convertible Note to the Company and the Company agrees to execute and deliver an Amended and Restated Convertible Note in the form of Exhibit A to this Amendment to each Investor in the Face Amount (as defined in the Convertible Notes) equal to the Face Amount of the Convertible Note surrendered and dated as of the last date through which interest has been paid. The Amended and Restated Convertible Notes shall continue to be secured by all of the collateral securing the existing Convertible Notes (subject to release of the Stockholder Pledge Agreement pursuant to the terms of paragraph 4 hereof), all references to the Convertible Notes in any Transaction Document shall be deemed to be references to the Convertible Notes as amended and restated hereby, and all shares of Common Stock issuable upon conversion of the Amended and Restated Convertible Notes shall be Registerable Securities for purposes of the Registration Rights Agreement and included in the post effective amendment referred to in paragraph 5 hereof.
Amendment and Restatement of Notes
