Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to the Company of such failure; or
Appears in 8 contracts
Samples: Subordinated Unsecured Promissory Note (ConversionPoint Holdings, Inc.), Subordinated Unsecured Promissory Note (ConversionPoint Holdings, Inc.), Convertible Promissory Note (T Stamp Inc)
Breaches of Covenants. The Company Corporation shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) Documents, and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to the Company of such failure15 days; or
Appears in 6 contracts
Samples: Subscription Agreement, Subscription Agreement (BioAmber Inc.), Subscription Agreement (BioAmber Inc.)
Breaches of Covenants. The Company shall fail in any material respect to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those covenants specified in Section 2(a)3(a) hereof) and such failure shall continue for ten thirty (1030) business days after the Company’s receipt of Holder’s written notice to the Company of such failurethereof; or
Appears in 4 contracts
Samples: Convertible Note and Warrant Purchase Agreement, Convertible Note and Warrant Purchase Agreement (Helix Biomedix Inc), Convertible Note and Warrant Purchase Agreement (Helix Biomedix Inc)
Breaches of Covenants. The Company shall fail to observe or perform any other material covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) ), and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to the Company of such failure; or
Appears in 3 contracts
Samples: Note Purchase Agreement (SecureWorks Corp), Note Purchase Agreement (SecureWorks Corp), Note Purchase Agreement (SecureWorks Holding Corp)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to the Company of such failure; or
Appears in 3 contracts
Samples: Subordinated Convertible Promissory Note (Peninsula Acquisition Corp), Secured Promissory Note (American CareSource Holdings, Inc.), Secured Promissory Note (American CareSource Holdings, Inc.)
Breaches of Covenants. The Company shall fail to observe or to perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) Note, and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to the Company of such failure; or30 days.
Appears in 3 contracts
Samples: Term Credit Agreement (American Mobile Satellite Corp), Revolving Credit Agreement (American Mobile Satellite Corp), Junior Subordinated Secured Exchangeable Note (American Mobile Satellite Corp)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to the Company of such failure; or;
Appears in 3 contracts
Samples: Convertible Promissory Note (BirchBioMed Inc.), Convertible Promissory Note (BirchBioMed Inc.), Lease Agreement (TVPage, Inc.)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to the Company of such failure; or;
Appears in 2 contracts
Samples: Convertible Promissory Note (Nuburu, Inc.), Convertible Note (Ohr Pharmaceutical Inc)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)7.1) and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to the Company of such failure; orten
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement, Convertible Note Purchase Agreement
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten five (105) business days after the Company’s receipt of written notice to the Company of such failure; or
Appears in 2 contracts
Samples: Convertible Note (Arista Networks, Inc.), Note Agreement (Arista Networks, Inc.)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, material obligation, condition or agreement contained in this the Note or the other Transaction Documents (other than those specified in Section 2(a)) Purchase Agreement and such failure shall continue for ten (10) business days (other than for those specified in Section 8(a) of the Note, which shall instead be subject to a three (3) day cure period) after the Company’s receipt of written notice to the Company of such failure; or;
Appears in 2 contracts
Samples: Subordinated Convertible Note Purchase Agreement (InterPrivate II Acquisition Corp.), Subordinated Convertible Note Purchase Agreement (InterPrivate II Acquisition Corp.)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents Agreement (other than those specified in Section 2(a3(a)) and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to the Company from Lender of such failure; or;
Appears in 2 contracts
Samples: Convertible Loan Agreement (XBiotech Inc.), Convertible Loan Agreement (XBiotech Inc.)
Breaches of Covenants. The Company shall fail to observe or perform any other material covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten twenty (1020) business days after the Company’s receipt of written notice to the Company of such failure; or
Appears in 2 contracts
Samples: Subordination Agreement (Bloom Energy Corp), Subordination Agreement (Bloom Energy Corp)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)4(a) hereof) the failure of which would have a material adverse effect on the Company and such failure shall continue for ten thirty (1030) business days after the Company’s receipt of written notice by the Required Holders to the Company of such failure; or
Appears in 2 contracts
Samples: Senior Secured Convertible Note (Grom Social Enterprises, Inc.), Senior Secured Convertible Note (Grom Social Enterprises, Inc.)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement in any material respect contained in this Note or the other Transaction Documents Security Agreement (other than those specified in Section 2(a)) and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to the Company of such failure; or
Appears in 2 contracts
Samples: Share Purchase Agreement (Red Cat Holdings, Inc.), Secured Promissory Note (Red Cat Holdings, Inc.)
Breaches of Covenants. The Company shall fail to observe or perform any other material covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to the Company of such failure; or;
Appears in 2 contracts
Samples: Promissory Note (MultiVir Inc.), Promissory Note (MultiVir Inc.)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten (10) business days five Business Days after the Company’s receipt of written notice to the Company of such failure; or
Appears in 2 contracts
Samples: Note Purchase Agreement (Response Biomedical Corp), Note Purchase Agreement (Response Biomedical Corp)
Breaches of Covenants. The Company shall fail to observe or perform any other material covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten fifteen (1015) business days after the Company’s receipt of written notice to the Company of such failure; or
Appears in 2 contracts
Samples: Note Purchase Agreement (Silver Lake Group, L.L.C.), Note Purchase Agreement (Tintri, Inc.)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a6(a)) and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to the Company of such failure; or;
Appears in 2 contracts
Samples: Secured Promissory Note (Nuburu, Inc.), Secured Promissory Note (Seldin David)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)3(a) above) and such failure shall continue for ten (10) business days Business Days after the Company’s receipt of written notice to by the Company Investor of such failure; or;
Appears in 2 contracts
Samples: Convertible Promissory Note Purchase Agreement (500.com LTD), Convertible Promissory Note Purchase Agreement (500.com LTD)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten (10) business days after the Company’s 's receipt of written notice to the Company of such failure; or
Appears in 1 contract
Samples: Promissory Note (Hempacco Co., Inc.)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)9 hereof) the failure of which would have a material adverse effect on the Company and such failure shall continue for ten thirty (1030) business days after the Company’s 's receipt of written notice by the Holder to the Company of such failure; or
Appears in 1 contract
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to the Company of such failure; or
Appears in 1 contract
Samples: Subordinated Convertible Promissory Note (Knightscope, Inc.)
Breaches of Covenants. The Company shall fail to observe or perform any other material covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten twenty (1020) business days after the earlier of (i) an officer of the Company gaining knowledge of such breach or (ii) the Company’s receipt of written notice to the Company of such failure; or
Appears in 1 contract
Breaches of Covenants. The Company shall fail to observe or perform any other material covenant, representation, or warranty, obligation, condition or agreement contained in this Note or the other Transaction Documents Debenture (other than those specified in Section 2(a5(a)) and such failure shall continue for ten thirty (1030) business days after the Company’s receipt of written notice to the Company of such failure; or.
Appears in 1 contract
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section Sections 2(a) and 2(b)) and such failure shall continue for ten three (103) business days after the Company’s receipt of written notice to the Company of such failure; or;
Appears in 1 contract
Samples: Convertible Promissory Note (Miromatrix Medical Inc.)
Breaches of Covenants. The Company shall fail to observe or perform in any other covenantmaterial respect any of the covenants, obligationobligations, condition conditions or agreement agreements contained in Sections 4, 7(a) of this Note or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten thirty (1030) business days after the Company’s receipt of written notice to from the Company Holder of such failure; or
Appears in 1 contract
Samples: Convertible Note (Powell Max LTD)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a7(a)) or in the Agreement and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to the Company of such failure; ordue date therefor;
Appears in 1 contract
Breaches of Covenants. The Company shall materially fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)1) and such failure shall continue for ten thirty (1030) business days after the Company’s receipt of written notice to the Company of such failure; or
Appears in 1 contract
Breaches of Covenants. The Company shall fail to observe or perform in any other covenantmaterial respect any of the covenants, obligationobligations, condition conditions or agreement agreements contained in Sections 4, 5, 7(a), 7(c) and 7(d) of this Note or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten thirty (1030) business days after the Company’s receipt of written notice to from the Company Investor of such failure; or
Appears in 1 contract
Breaches of Covenants. The Company shall fail to observe or perform in any other material respect any covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)3(a) above) and such failure shall continue for ten (10) business days Business Days after the Company’s 's receipt of written notice to by the Company Lender of such failure; or;
Appears in 1 contract
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten (10) business days after the Company’s 's receipt of written notice to the Company of such failure; or;
Appears in 1 contract
Breaches of Covenants. The Company shall fail to observe or perform in any other covenantmaterial respect any of the covenants, obligationobligations, condition conditions or agreement agreements contained in Sections 4, 5, 7(a) of this Note or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten thirty (1030) business days after the Company’s receipt of written notice to from the Company Holder of such failure; or
Appears in 1 contract
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a6(a)) or in the Agreement and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to the Company of such failure; or;
Appears in 1 contract
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this the Convertible Note or Convertible Note Purchase Agreement (collectively, the other "Transaction Documents (other than those specified in Section 2(a)Documents") and such failure shall continue for ten twenty (1020) business days after following the Company’s 's receipt of Holder's written notice to the Company of such failurebreach of covenant; or
Appears in 1 contract
Samples: Lease Agreement, Stock Option Plan, Security Agreement, Employment Agreement (Cimetrix Inc)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)4(a) hereof) and such failure shall continue for ten thirty (1030) business days after the Company’s receipt of written notice by the Holders to the Company of such failure; or
Appears in 1 contract
Samples: Convertible Promissory Note (Grom Social Enterprises, Inc.)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section Sections 2(a) or 2(b)) and such failure shall continue for ten forty-five (1045) business days after the Company’s 's receipt of written notice to the Company of such failure; or
Appears in 1 contract
Samples: Subordinated Secured Convertible Promissory Note (Myos Rens Technology Inc.)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition condition, or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a4(a)) and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to the Company of such failure; or;
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Universal Security Instruments Inc)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to the Company of such failure; or;
Appears in 1 contract
Samples: Cumulative Convertible Senior Note (Coupon Express, Inc.)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten (10) business days after the Company’s 's receipt of written notice to the Company of such failure; or
Appears in 1 contract
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a3(a)) and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to the Company of such failure; or;
Appears in 1 contract
Samples: Senior Secured Convertible Promissory Note (Nuburu, Inc.)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) Security Agreement and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to the Company of such failure; or
Appears in 1 contract
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a3(a) hereof)) , the failure of which would have a material adverse effect on the Company, and such failure shall continue for ten thirty (1030) business days after the Company’s receipt of written notice by the Required Holders to the Company of such failure; or
Appears in 1 contract
Breaches of Covenants. The Company shall fail intentionally fails to observe or perform any other covenant, obligation, condition or agreement contained in this Note Bond or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten sixty (1060) business days after the Company’s receipt of written notice to the Company of such failure; or;
Appears in 1 contract
Samples: Convertible Bonds Subscription Agreement (20/20 GeneSystems, Inc.)
Breaches of Covenants. The Company shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a)) and such failure shall continue for ten (10) business days after the Company’s receipt of written notice to from the Company Lender orits representatives of such failure; or
Appears in 1 contract
Breaches of Covenants. The Company or any of its subsidiaries shall fail to observe or perform any other covenant, obligation, condition or agreement contained in this Note or the other Transaction Documents (other than those specified in Section 2(a3(a) or 3(b)) and such failure shall continue for ten five (105) business days after the Company’s receipt of written notice to the Company of such failuredays; or
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Brekford Corp.)
