Common use of Exchange of Notes Clause in Contracts

Exchange of Notes. At any time and from time to time, upon not less than ten days' notice to that effect given by any Holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 10.1, this Section 10.2 or Section 10.3 and upon surrender of any Note to the Company at its office, the Company will deliver in exchange therefor, without expense to such Holder, except as set forth below, Notes for the same aggregate principal amount as the then unpaid principal amount of the Note so surrendered, in a denomination equal to the Note so surrendered or in such other denomination equal to or in excess of $5,000 as such Holder shall specify, dated as of the date to which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, registered in the name of such Person or Persons as may be designated by such Holder, and otherwise of the same form and tenor as the Note so surrendered for exchange. The Company may require the payment of a sum sufficient to cover any stamp tax or governmental charge imposed upon such exchange or transfer.

Appears in 3 contracts

Samples: Private Placement Memorandum (Soy Environmental Products Inc), Note Agreement (Soy Environmental Products Inc), Note Agreement (Solpower Corp)

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Exchange of Notes. At any time and from time to time, upon not less than ten days' notice to that effect given by any Holder the registered holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 10.19.1, this Section 10.2 9.2 or Section 10.3 and 9.3, and, upon surrender of any such Note to the Company at its office, the Company will deliver in exchange therefor, without expense to such Holderholder, except as set forth below, Notes a Note for the same aggregate principal amount as the then unpaid principal amount of the Note so surrendered, or Notes in a the denomination equal to the Note so surrendered of $100,000 or in such other denomination equal to or any amount in excess of $5,000 thereof as such Holder holder shall specify, dated as of the date to which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, registered in the name of such Person or Persons as may be designated by such Holderholder, and otherwise of the same form and tenor as the Note Notes so surrendered for exchange. The Company may require the payment of a sum sufficient to cover any stamp tax or governmental charge imposed upon such exchange or transfer.

Appears in 2 contracts

Samples: Note Agreement (Cleveland Cliffs Inc), Note Agreement (Cleveland Cliffs Inc)

Exchange of Notes. At any time and from time to time, upon not less than ten days' notice to that effect given by any Holder the holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 10.11.4, 11.5, this Section 10.2 11.6 or Section 10.3 and 11.7, and, upon surrender of any such Note to the Company at its office, the Company will deliver in exchange therefor, without expense to such Holder, except as set forth belowthe holder, Notes for the same aggregate principal amount as the then unpaid or unconverted, as the case may be, principal amount of the Note so surrendered, in a the denomination equal to the Note so surrendered of $1,000 or in such other denomination equal to or any amount in excess of $5,000 thereof as such Holder holder shall specify, dated as of the last date to on which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, registered in the name of such Person or Persons as may be designated by such Holderholder, and otherwise of the same form and tenor as the Note Notes so surrendered for exchange. The Company may require the payment of a sum sufficient to cover any stamp tax or governmental charge imposed upon such exchange or transfer.

Appears in 2 contracts

Samples: Purchase Agreement (Dental Medical Diagnostic Systems Inc), Purchase Agreement (Dental Medical Diagnostic Systems Inc)

Exchange of Notes. At any time and from time to time, upon not less than ten days' notice to that effect given by any Holder the holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 10.1SECTION 9.1, this Section 10.2 SECTION 9.2 or Section 10.3 and SECTION 9.3, and, upon surrender of any such Note to the Company at its office, the Company will deliver in exchange therefor, without expense to such Holderholder, except as set forth below, Notes a Note for the same aggregate principal amount as the then unpaid principal amount of the Note so surrendered, or Notes in a the denomination equal to the Note so surrendered of $500,000 or in such other denomination equal to or any amount in excess of $5,000 thereof as such Holder holder shall specify, dated as of the date to which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, registered in the name of such Person one or Persons more Institutional Holders as may be designated by such Holderholder, and otherwise of the same form and tenor as the Note Notes so surrendered for exchange. The Company may require the payment of a sum sufficient to cover any stamp tax or governmental charge imposed upon such exchange or transfer.

Appears in 1 contract

Samples: Note Agreement (Allied Capital Corp)

Exchange of Notes. At any time and from time to time, upon not less than ten 10 days' notice to that effect given by any Holder the holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 10.19.1, this Section 10.2 9.2 or Section 10.3 and 9.3, and, upon surrender of any such Note to the Company at its office, the Company will deliver in exchange therefor, without expense to such Holderholder, except as set forth below, Notes a Note for the same aggregate principal amount as the then unpaid principal amount of the Note so surrendered, or Notes in a the denomination equal to the Note so surrendered of $100,000 or in such other denomination equal to or any amount in excess of $5,000 thereof as such Holder holder shall specify, dated as of the date to which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, registered in the name of payable to such Person or Persons Persons, or registered assigns, as may be designated by such Holderholder, and otherwise of the same form and tenor as the Note Notes so surrendered for exchange. The Company may require the payment of a sum sufficient to cover any stamp tax or governmental charge imposed upon such exchange or transfer.

Appears in 1 contract

Samples: Note Agreement (SJW Corp)

Exchange of Notes. At any time and from time to time, upon not less than ten days' notice to that effect given by any the Holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 10.1ss.9.1, this Section 10.2 ss.9.2 or Section 10.3 and ss.9.3, and, upon surrender of any such Note to the Company at its office, the Company will deliver in exchange therefor, without expense to such Holder, except as set forth below, Notes a Note of an identical Series for the same aggregate principal amount as the then unpaid principal amount of the Note so surrendered, or Notes in a the denomination equal to the Note so surrendered of $250,000 or in such other denomination equal to or any amount in excess of $5,000 thereof as such Holder shall specify, dated as of the date to which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, registered in the name of such Person or Persons as may be designated by such Holder, and otherwise of the same form and tenor as the Note Notes so surrendered for exchange. The Company may require the payment of a sum sufficient to cover any stamp tax or governmental charge imposed upon such exchange or transfer.

Appears in 1 contract

Samples: Note Agreement (California Water Service Group)

Exchange of Notes. At any time and from time to time, upon not less than ten days' notice to that effect given by any the Holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 10.1SS.10.1, this Section 10.2 SS.10.2 or Section 10.3 and SS.10.3, and, upon surrender of any such Note to the Company at its office, the Company will deliver in exchange therefor, without expense to such Holder, except as set forth below, Notes a Note for the same aggregate principal amount as the then unpaid principal amount of the Note so surrendered, or Notes in a the denomination equal to the Note so surrendered of $500,000 or in such other denomination equal to or any amount in excess of $5,000 thereof as such Holder shall specify, dated as of the date to which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, registered in the name of such Person one or Persons more Institutional Holders as may be designated by such Holder, and otherwise of the same form and tenor as the Note Notes so surrendered for exchange. The Company may require the payment of a sum sufficient to cover any stamp tax or governmental charge imposed upon such exchange or transfer.

Appears in 1 contract

Samples: Note Agreement (Allied Capital Corp)

Exchange of Notes. At any time and from time to time, upon not less than ten days' notice to that effect given by any the Holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 10.1SECTION 9.1, this Section 10.2 SECTION 9.2 or Section 10.3 and SECTION 9.3, and, upon surrender of any such Note to the Company at its office, the Company will deliver in exchange therefor, without expense to such Holder, except as Allied Capital Corporation Note Agreement set forth below, Notes a Note for the same aggregate principal amount as the then unpaid principal amount of the Note so surrendered, or Notes in a the denomination equal to the Note so surrendered of $500,000 or in such other denomination equal to or any amount in excess of $5,000 thereof as such Holder shall specify, dated as of the date to which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, registered in the name of such Person one or Persons more Institutional Holders as may be designated by such Holder, and otherwise of the same form and tenor as the Note Notes so surrendered for exchange. The Company may require the payment of a sum sufficient to cover any stamp tax or governmental charge imposed upon such exchange or transfer.

Appears in 1 contract

Samples: Note Agreement (Allied Capital Corp)

Exchange of Notes. At any time and from time to time, upon not less than ten days' notice to that effect given by any the Holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 10.19.1, this Section 10.2 9.2 or Section 10.3 and 9.3, and, upon surrender of any such Note to the Company at its office, the Company will deliver in exchange therefor, without expense to such Holder, except as set forth below, Notes a Note for the same aggregate principal amount as the then unpaid principal amount of the Note so surrendered, or Notes in a the denomination equal to the Note so surrendered of $500,000 or in such other denomination equal to or any amount in excess of $5,000 thereof as such Holder shall specify, dated as of the date to which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, registered in the name of such Person or Persons as may be designated by such Holder, and otherwise of the same form and tenor as the Note Notes so surrendered for exchange. The Company may require the payment of a sum sufficient to cover any stamp tax or governmental charge imposed upon such exchange or transfer.

Appears in 1 contract

Samples: Note Agreement (Semco Energy Inc)

Exchange of Notes. At any time and from time to time, upon not less than ten days' days notice to that effect given by any Holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 10.1SS.11.18, this Section 10.2 SS.11.19 or Section 10.3 SS.11.20, and upon surrender of any Note to the Company Borrower at its office, the Company Borrower will deliver in exchange therefor, without expense to such Holder, except as set forth below, Notes for the same aggregate principal amount as the then unpaid principal amount of the Note so surrendered, in a denomination equal to the Note so surrendered or in such other denomination equal to or in excess of $5,000 500,000 as such Holder shall specify, dated as of the date to which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, registered in the name of such Person or Persons as may be designated by such Holder, and otherwise of the same form and tenor as the Note so surrendered for exchange. The Company Borrower may require the payment of a sum sufficient to cover any stamp tax or governmental charge imposed upon such exchange or transfer.

Appears in 1 contract

Samples: Convertible Note Agreement (Vision Twenty One Inc)

Exchange of Notes. At any time and from time to time, upon not less than ten days' notice to that effect given by any the Holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 10.1SS.10.1, this Section 10.2 SS.10.2 or Section 10.3 and SS.10.3, and, upon surrender of any such Note to the Company at its office, the Company will deliver in exchange therefor, without expense to such Holder, except as set forth below, Notes a Note for the same aggregate principal amount as the then unpaid principal amount of the Note so surrendered, or Notes in a the denomination equal to the Note so surrendered of $100,000 or in such other denomination equal to or any amount in excess of $5,000 thereof as such Holder shall specify, dated as of the date to which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, registered in the name of such Person or Persons as may be designated by such Holder, and otherwise of the same form and tenor as the Note Notes so surrendered for exchange. The Company may require the payment of a sum sufficient to cover any stamp tax or governmental charge imposed upon such exchange or transfer.

Appears in 1 contract

Samples: Note Agreement (Allied Holdings Inc)

Exchange of Notes. At any time and from time to time, upon not less than ten days' notice to that effect given by any the Holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 10.1, this Section SECTION 10.2 or Section 10.3 and SECTION 10.3, and, upon surrender of any such Note to the Company at its office, the Company will deliver in exchange therefor, without expense to such Holder, except as set forth below, Notes a Note for the same aggregate principal amount as the then unpaid principal amount of the Note so surrendered, or Notes in a the denomination equal to the Note so surrendered of $500,000 or in such other denomination equal to or any amount in excess of $5,000 thereof as such Holder shall specify, dated as of the date to which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, registered in the name of such Person one or Persons more Institutional Holders as may be designated by such Holder, and otherwise of the same form and tenor as the Note Notes so surrendered for exchange. The Company may require the payment of a sum sufficient to cover any stamp tax or governmental charge imposed upon such exchange or transfer.

Appears in 1 contract

Samples: Note Agreement (Allied Capital Corp)

Exchange of Notes. At any time time, and from time to time, upon not less than ten days' notice to that effect given by any Holder the holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 10.1ss.9.1, this Section 10.2 ss.9.2 or Section 10.3 and ss.9.3, and, upon surrender of any such Note to the Company at its office, the Company will deliver in exchange therefor, without expense to such Holderthe holder, except as set forth below, Notes for the same aggregate principal amount as the then unpaid principal amount of the Note so surrendered, in a the denomination equal to the Note so surrendered of $100,000 or in such other denomination equal to or any amount in excess of $5,000 thereof as such Holder holder shall specify, dated as of the date to which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, registered in the name of payable to such Person or Persons Persons, or order, as may be designated by such Holderholder, and otherwise of the same form and tenor as the Note Notes so surrendered for exchange. The Company may require the payment of a sum sufficient to cover any stamp tax or governmental charge imposed upon such exchange or transfer.

Appears in 1 contract

Samples: Note Agreement (Petroleum Heat & Power Co Inc)

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Exchange of Notes. At any time and from time to time, upon not less than ten days' notice to that effect given by any Holder the holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 10.19.1, this Section 10.2 9.2 or Section 10.3 9.3, and upon surrender of any such Note to the Company at its office, the Company will deliver in exchange therefor, without expense to such Holderthe holder, except as set forth below, Notes Notes, in registered form, for the same aggregate principal amount as the then unpaid principal amount of the Note so surrendered, in a the denomination equal to the Note so surrendered of $3,000,000 or in such other denomination equal to or any multiple of $100,000 in excess of $5,000 thereof as such Holder holder shall specify, dated as of the date to which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, registered in the name of payable to such Person or Persons Persons, as may be designated by such Holderholder, and otherwise of the same form and tenor as the Note Notes so surrendered for exchange. The Company may require the payment of a sum sufficient to cover any stamp tax or governmental charge imposed upon such exchange or transfer.

Appears in 1 contract

Samples: Note Agreement (Johnson Worldwide Associates Inc)

Exchange of Notes. At any time and from time to time, upon not less than ten days' notice to that effect given by any the Holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 10.1SECTION 9.1, this Section 10.2 SECTION 9.2 or Section 10.3 and SECTION 9.3, and, upon surrender of any such Note to the Company at its office, the Company will deliver in exchange therefor, without expense to such Holder, except as set forth below, Notes a Note for the same aggregate principal amount as the then unpaid principal amount of the Note so surrendered, or Notes in a the denomination equal to the Note so surrendered of $500,000 or in such other denomination equal to or any amount in excess of $5,000 thereof as such Holder shall specify, dated as of the date to which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, registered in the name of such Person one or Persons more Institutional Holders as may be designated by such Holder, and otherwise of the same form and tenor as the Note Notes so surrendered for exchange. The Company may require the payment of a sum sufficient to cover any stamp tax or governmental charge imposed upon such exchange or transfer.

Appears in 1 contract

Samples: Note Agreement (Allied Capital Corp)

Exchange of Notes. At any time and from time to time, upon not less than ten days' notice to that effect given by any the Holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 10.1section 9.1, this Section 10.2 section 9.2 or Section 10.3 and section 9.3, and, upon surrender of any such Note to the Company at its office, the Company will deliver in exchange therefor, without expense to such Holder, except as set forth below, Notes a Note for the same aggregate principal amount as the then unpaid principal amount of the Note so surrendered, or Notes in a the denomination equal to the Note so surrendered of $250,000 or in such other denomination equal to or any amount in excess of $5,000 thereof as such Holder shall specify, dated as of the date to which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, registered in the name of such Person or Persons as may be designated by such Holder, and otherwise of the same form and tenor as the Note Notes so surrendered for exchange. The Company may require the payment of a sum sufficient to cover any stamp tax or governmental charge imposed upon such exchange or transfer.

Appears in 1 contract

Samples: Note Agreement (California Water Service Co)

Exchange of Notes. At any time time, and from time to time, upon not less than ten days' notice to that effect given by any Holder the holder of any the Note initially delivered or of any Note substituted therefor pursuant to Section 10.1subsection 10.3, this Section subsection 10.2 or Section 10.3 and subsection 10.3, and, upon surrender of any such Note to the Company at its office, the Company will deliver in exchange therefor, without expense to such Holderthe holder, except as set forth below, Notes in registered form for the same aggregate principal amount as the then unpaid principal amount of the Note so surrendered, in a the denomination equal to the Note so surrendered of $250,000 or in such other denomination equal to or any amount in excess of $5,000 thereof as such Holder holder shall specify, dated as of the date to which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, registered in the name of payable to such Person or Persons as may be designated by such Holderholder, and otherwise of the same form and tenor as the Note so surrendered for exchange. The Company may require the payment of a sum sufficient to cover any stamp tax or governmental charge imposed upon such exchange or transfer.

Appears in 1 contract

Samples: Note Purchase Agreement (Outlook Group Corp)

Exchange of Notes. At any time and from time to time, upon not less than ten days' notice to that effect given by any Holder the holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 10.19.1, this Section 10.2 9.2 or Section 10.3 and 9.3, and, upon surrender of any such Note to the Company at its office, the Company will deliver in exchange therefor, without expense to such Holderthe holder, except as set forth below, Notes of the same Series and for the same aggregate principal amount as the then unpaid principal amount of the Note so surrendered, in a the denomination equal to the Note so surrendered of U.S.$100,000 or in such other denomination equal to or any amount in excess of $5,000 thereof as such Holder holder shall specify, dated as of the date to which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, registered in the name of payable to such Person or Persons Persons, or registered assigns, as may be designated by such Holderholder, and otherwise of the same form and tenor as the Note Notes so surrendered for exchange. The Company may require the payment of a sum sufficient to cover any stamp tax or governmental charge imposed upon such exchange or transfer.

Appears in 1 contract

Samples: Note Agreement (Financial Federal Corp)

Exchange of Notes. At any time time, and from time to time, upon not less than ten days' notice to that effect given by any the Holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 10.1§9.1, this Section 10.2 §9.2 or Section 10.3 and §9.3, and, upon surrender of any such Note to the Company at its office, the Company Obligors will deliver in exchange therefor, without expense to such the Holder, except as set forth below, Notes for the same aggregate principal amount and of the same series and tranche as the then unpaid principal amount of the Note so surrendered, in a the denomination equal to the Note so surrendered of $250,000 or in such other denomination equal to or any amount in excess of $5,000 thereof as such Holder shall specify, dated as of the date to which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, registered in the name of payable to such Person or Persons Persons, or assigns, as may be designated by such Holder, and otherwise of the same form and tenor as the Note Notes so surrendered for exchange. The Company Obligors may require the payment of a sum sufficient to cover any stamp tax or governmental charge imposed upon such exchange or transfer.

Appears in 1 contract

Samples: Note Agreement (Quad/Graphics, Inc.)

Exchange of Notes. At any time and from time to time, upon not less than ten days' notice to that effect given by any Holder the holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 10.19.1, this Section 10.2 9.2 or Section 10.3 9.3, and upon surrender of any such Note to the Company at its office, the Company will deliver in exchange therefor, without expense to such Holderthe holder, except as set forth below, Notes of the same Series, in registered form, for the same aggregate principal amount as the then unpaid principal amount of the Note so surrendered, in a the denomination equal to the Note so surrendered of $3,000,000 or in such other denomination equal to or any multiple of $100,000 in excess of $5,000 thereof as such Holder holder shall specify, dated as of the date to which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, registered in the name of payable to such Person or Persons Persons, as may be designated by such Holderholder, and otherwise of the same form and tenor as the Note Notes so surrendered for exchange. The Company ; provided that, notwithstanding the foregoing, any Note issued on the Closing Date or any Note substituted therefor in a denomination of less than $3,000,000 may require the payment of a sum sufficient to cover be exchanged in whole by any stamp tax or governmental charge imposed upon such exchange or transferholder thereof.

Appears in 1 contract

Samples: Note Agreement (Johnson Worldwide Associates Inc)

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