Hereinafter the Security Documents, together with all other documents evidencing or securing the Obligations shall be referred to as the "Existing Loan Documents".
Hereinafter the above-described security documents and guaranties, together with all other documents securing repayment of the Indebtedness shall be referred to as the "Security Documents". Hereinafter, the Security Documents, together with all other documents evidencing or securing the Indebtedness shall be referred to as the "Existing Loan Documents".
Hereinafter all indebtedness owing by Borrower to Bank shall be referred to as the "Indebtedness."
Hereinafter the Loan Agreement and the IP Agreement, together with all other documents executed in connection therewith evidencing, securing or otherwise relating to the Obligations (other than this Loan Modification Agreement) shall be referred to as the “Existing Loan Documents”.
Hereinafter all indebtedness owing by Borrower to Bank under the Revolving Note, the Term Note and the Loan Agreement shall be referred to as the "Indebtedness."
Hereinafter. If Tenant fails to pay the Base Rent to Landlord prior to the fifth (5th) calendar day of any month during the Term, Tenant shall pay to Landlord as a late charge to defray the administrative costs and expenses of handling late payments, a sum equal to the greater of $50.00 or 5% of such late payments.
Hereinafter. (i) the Ordinary Shares purchasable hereunder or any other securities which may be issued by the Company in substitution therefor, are referred to as the "Warrant Shares"; (ii) the price of sixty two cents ($0.62) payable hereunder for each of the Warrant Shares, as adjusted in the manner set forth hereinafter, is referred to as the "Exercise Price" and (iii) this Warrant and all warrants hereafter issued in exchange or substitution for this Warrant are referred to as the "Warrants". The Exercise Price and the number of Warrant Shares are subject to adjustment as hereinafter provided.
Hereinafter. (i) said common stock, together with any other equity securities which may be issued by the Company with respect thereto or in substitution therefor, is referred to as the "Common Stock," (ii) the shares of the Common Stock purchasable hereunder or under any other Warrant (as hereinafter defined) are referred to individually as a "Warrant Share" and collectively as the "Warrant Shares," (iii) the aggregate purchase price payable for the Warrant Shares hereunder is referred to as the "Aggregate Warrant Price," (iv) the price payable for each of the Warrant Shares hereunder is referred to as the "Per Share Warrant Price," (v) this Warrant, all similar Warrants issued on the date hereof and all Warrants hereafter issued in exchange or substitution for this Warrant or such similar Warrants are referred to as the "Warrants" and (vi) the holder of this Warrant is referred to as the "Holder" and the holder of this Warrant and all other Warrants or Warrant Shares issued upon the exercise of any Warrant are referred to as the "Holders." "Change of Control" shall mean (i) a consolidation or merger of the Company with or into any corporation or corporations that are unaffiliated with the Company on the date hereof, (ii) a sale, lease or transfer of all or substantially all of the assets of the Company, (iii) the sale of at least 51% of the outstanding equity of the Company in a single transaction or series of related transactions or (iv) the date on which Xxxx X. Xxxxx shall fail to own more than 51% of the Company's common equity on a fully diluted basis. The Per Share Warrant Price is also subject to adjustment as hereinafter provided in Section 3; in the event of any adjustment to the Per Share Warrant Price pursuant to the provisions of Section 3, the number of Warrant Shares shall be adjusted by dividing the Aggregate Warrant Price by the Per Share Warrant Price in effect immediately after such adjustment. The Aggregate Warrant Price shall not be adjusted as a result of the application of the provisions of Section 3.
Hereinafter all indebtedness owing by Borrower to Lender shall be referred to as the "Indebtedness." Hereinafter, all other documents evidencing or securing the Indebtedness shall be referred to as the "Existing Loan Documents."
Hereinafter. (i) said common stock, together with any other equity securities which may be issued by the Company with respect thereto or in substitution therefor, is referred to as the "Common Stock", (ii) the shares of the Common Stock purchasable hereunder are referred to as the "Warrant Shares", (iii) the aggregate purchase price payable hereunder for the Warrant Shares is referred to as the "Aggregate Warrant Price", (iv) the price payable hereunder for each of the shares of the Warrant Shares is referred to as the "Per Share Warrant Price", and (v) this warrant and all warrants hereafter issued in exchange or substitution for this warrant are referred to as the "Warrants".
