Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereof, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a) or Section 5(4)(c), the Principal designated by the Holder which, when added to the Principal represented by the other new Note issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new Note), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 21 contracts
Samples: Convertible Note (New Era Helium Inc.), Convertible Note (Abpro Holdings, Inc.), Convertible Promissory Note (Coeptis Therapeutics Holdings, Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereof, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a(4)(a) or Section 5(4)(c(4)(c), the Principal designated by the Holder which, when added to the Principal represented by the other new Note Note(s) issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of such new Note), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 20 contracts
Samples: Convertible Note (Envirotech Vehicles, Inc.), Supplemental Agreement (Envirotech Vehicles, Inc.), Convertible Note (Lytus Technologies Holdings PTV. Ltd.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a18(a) or Section 5(4)(c18(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest Interest, if any, from the Issuance Date.
Appears in 17 contracts
Samples: Senior Secured Note (Digital Ally, Inc.), Senior Subordinated Convertible Note (Greenlane Holdings, Inc.), Convertible Security Agreement (Eterna Therapeutics Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a17(a) or Section 5(4)(c17(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Principal and Interest of this Note, from the Issuance Date.
Appears in 11 contracts
Samples: Convertible Note (Lm Funding America, Inc.), Convertible Note (Lm Funding America, Inc.), Note (Lm Funding America, Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a18(a) or Section 5(4)(c18(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Principal and Interest of this Note, from the Issuance Date.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Chromocell Therapeutics Corp), Securities Purchase Agreement (BOQI International Medical, Inc.), Security Agreement (Esports Entertainment Group, Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereof, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a(4)(a) or Section 5(4)(c(4)(c), the Principal designated by the Holder which, when added to the Principal represented by the other new Note issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new Note), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 8 contracts
Samples: Convertible Note (Applied Digital Corp.), Prepaid Advance Agreement (Applied Digital Corp.), Convertible Note (Applied Digital Corp.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a17(a) or Section 5(4)(c17(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges, if any, on the Principal and Interest of this Note, from the Issuance Date.
Appears in 7 contracts
Samples: Convertible Note Agreement (CISO Global, Inc.), Convertible Note Agreement (CISO Global, Inc.), Securities Purchase Agreement (Amyris, Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a14(a) or Section 5(4)(c14(c), the Principal designated by the Holder which, when added to the Principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest on the Principal and Interest of this Note, from the Issuance Date.
Appears in 6 contracts
Samples: Subordination Agreement (SANUWAVE Health, Inc.), Subordination Agreement (SANUWAVE Health, Inc.), Subordination Agreement (SANUWAVE Health, Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a12(a) or Section 5(4)(c12(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Principal and Interest of this Note, from the Issuance Date.
Appears in 6 contracts
Samples: Agreement for Amendment to Series a and Series B Warrants (Repros Therapeutics Inc.), Agreement for Amendment to Series a and Series B Warrants (Repros Therapeutics Inc.), Agreement for Amendment to Series a and Series B Warrants (Repros Therapeutics Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a13(a) or Section 5(4)(c13(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges, if any, on the Principal and Interest of this Note, from the Issuance Date.
Appears in 5 contracts
Samples: Fourth Supplemental Agreement (Acacia Research Corp), Third Supplemental Agreement (Acacia Research Corp), Second Supplemental Agreement (Acacia Research Corp)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal amount remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a14(a) or Section 5(4)(c), 14(d) the Principal amount designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal amount remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, and (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 5 contracts
Samples: Convertible Note Sale Agreement (Cordlife Group LTD), Waiver and Consent (KKR & Co. L.P.), Convertible Note Purchase Agreement (China Cord Blood Corp)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a19(a) or Section 5(4)(c19(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued Interest and unpaid Late Charges on the Principal and Interest of this Note, from the Issuance Date.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Imation Corp), Securities Purchase Agreement (Epiq Systems Inc), Securities Purchase Agreement (WorldSpace, Inc)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a) 1.5 or Section 5(4)(c)1.6, the Principal principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest of this Note, from the Issuance Date.
Appears in 4 contracts
Samples: Senior Note Agreement (Ener1 Inc), Senior Note Agreement (Ener1 Inc), Senior Note Agreement (Ener1 Inc)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a18(a) or Section 5(4)(c18(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued Interest and unpaid Late Charges on the Principal and Interest of this Note, from the Issuance Date.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Security Devices International Inc.), Securities Purchase Agreement (Security Devices International Inc.), Securities Purchase Agreement (Security Devices International Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereof, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a(5)(a) or Section 5(4)(c(5)(c), the Principal designated by the Holder which, when added to the Principal represented by the other new Note issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new Note), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 4 contracts
Samples: Standby Equity Purchase Agreement (AGBA Group Holding Ltd.), Convertible Note (Banzai International, Inc.), Convertible Note (Banzai International, Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a14(a) or Section 5(4)(c14(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest. on the Principal and Interest of this Note, from the Issuance Date.
Appears in 4 contracts
Samples: Convertible Note (Comstock Inc.), Convertible Note (Comstock Inc.), Subordination Agreement (SANUWAVE Health, Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a18(a) or Section 5(4)(c18(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Make-Whole Amount, Interest and Late Charges on the Principal, Interest and Make-Whole Amount of this Note, from the Issuance Date.
Appears in 3 contracts
Samples: Securities Purchase Agreement (TNL Mediagene), Securities Purchase Agreement (Blue Ocean Acquisition Corp), Securities Purchase Agreement (TNL Mediagene)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a14(a) or Section 5(4)(c14(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Principal and Interest of this Note, from the Issuance Date.
Appears in 3 contracts
Samples: Note Agreement (Lm Funding America, Inc.), Senior Convertible Note (Victory Electronic Cigarettes Corp), Note (Workstream Inc)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a) or Section 5(4)(c)issued, the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest Interest, if any, from the Issuance Date.
Appears in 3 contracts
Samples: Senior Secured Note (Foxo Technologies Inc.), Senior Secured Note (Foxo Technologies Inc.), Senior Secured Note (Rennova Health, Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a8(a) or Section 5(4)(c8(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, Note which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and but unpaid Interest on the Principal of this Note from the Issuance Date, as provided in Section 2.
Appears in 3 contracts
Samples: Redemption and Exchange Agreement (Microstrategy Inc), Redemption and Exchange Agreement (Microstrategy Inc), Redemption and Exchange Agreement (Microstrategy Inc)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a7(a) or Section 5(4)(c7(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNoted), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 3 contracts
Samples: Convertible Promissory Note (micromobility.com Inc.), Convertible Promissory Note (micromobility.com Inc.), Convertible Promissory Note (micromobility.com Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a16(a) or Section 5(4)(c16(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest Late Charges, if any, on the Principal of this Note, from the Issuance Date.
Appears in 3 contracts
Samples: Amendment Agreement (Amyris, Inc.), Securities Purchase Agreement (Amyris, Inc.), Securities Purchase Agreement (Amyris, Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a14(a) or Section 5(4)(c14(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 2 contracts
Samples: Joinder Agreement (Wood River Capital, LLC), Note Purchase Agreement (Li-Cycle Holdings Corp.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a13(a) or Section 5(4)(c13(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Principal and Interest of this Note, from the Issuance Date.
Appears in 2 contracts
Samples: Waiver and Amendment Agreement (Aclarion, Inc.), Note Agreement (Workstream Inc)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a17(a) or Section 5(4)(c17(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, Note which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest of this Note from the Issuance Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Antigenics Inc /De/), Securities Purchase Agreement (Antigenics Inc /De/)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a16(a) or Section 5(4)(c16(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued Interest on the Principal and unpaid Interest of this Note, from the Issuance Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Rita Medical Systems Inc), Securities Purchase Agreement (Rita Medical Systems Inc)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a6(a) or Section 5(4)(c6(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 2 contracts
Samples: Acquisition Agreement (Cannabis Global, Inc.), Acquisition Agreement (Cannabis Global, Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like same tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal amount remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a14(a) or Section 5(4)(c), 14(d) the Principal amount designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal amount remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, and (iv) shall be in the same form and have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 2 contracts
Samples: Convertible Note and Warrant Purchase Agreement (The9 LTD), Convertible Note and Warrant Purchase Agreement (Ark Pacific Investment Management LTD)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereof, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a(4)(a) or Section 5(4)(c(4)(c), the Principal designated by the Holder which, when added to the Principal represented by the other new Note issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new Note), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 2 contracts
Samples: Standby Equity Purchase Agreement (Celularity Inc), Consent to Yorkville Arrangements (Celularity Inc)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a21(a) or Section 5(4)(c21(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges, if any, on the Principal and Interest of this Note, from the Issuance Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Great Basin Scientific, Inc.), Securities Purchase Agreement (Great Basin Scientific, Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a9(a) or Section 5(4)(c9(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Default Interest on the Principal and Interest of this Note, from the Issuance Date.
Appears in 2 contracts
Samples: Convertible Note (Vynleads, Inc.), Convertible Note (Vynleads, Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a19(a) or Section 5(4)(c19(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest Interest, if any, from the Issuance Date.
Appears in 2 contracts
Samples: Note Agreement (Alternus Clean Energy, Inc.), Senior Secured Note (Sharps Technology Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note Note: (i) shall be of like tenor with this Note, ; (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a14(a) or Section 5(4)(c14(c), the Principal designated by the Holder which, when added to the Principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), ; (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, ; (iv) shall have the same rights and conditions as this Note, ; and (v) shall represent accrued and unpaid Interest on the Principal from the Issuance Date.
Appears in 2 contracts
Samples: Convertible Note Agreement (Adcare Health Systems, Inc), Subordinated Convertible Note (Adcare Health Systems, Inc)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (ia) shall be of like tenor with this Note, (iib) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a) 16.1 or Section 5(4)(c)16.3, the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iiic) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, and (ivd) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 2 contracts
Samples: Subordinated Note Agreement (Venus Concept Inc.), Subordinated Note Agreement (Venus Concept Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a19(a) or Section 5(4)(c19(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Principal and Interest of this Note, from the Issuance Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Rock Creek Pharmaceuticals, Inc.), Subordination Agreement (Ads in Motion, Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereof, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a4(a) or Section 5(4)(c4(c), the Principal designated by the Holder which, when added to the Principal represented by the other new Note issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new Note), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 2 contracts
Samples: Convertible Note (Celularity Inc), Consent to Yorkville Arrangements (Celularity Inc)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a12(a) or Section 5(4)(c12(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest on this Note, from the Issuance DateDate or the most recent Interest payment date to which Interest has been paid.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a14(a) or Section 5(4)(c14(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued Interest on the Principal and unpaid Interest of this Note, from the Issuance Date.
Appears in 1 contract
Samples: Note Purchase and Exchange Agreement (Intersections Inc)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a18(a) or Section 5(4)(c18(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which date that is the same as the Issuance Amendment Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued Interest and unpaid Late Charges on the Principal and Interest of this Note, from the Issuance Amendment Date.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a16(a) or Section 5(4)(c16(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, (v) shall be duly authenticated in accordance with the Indenture and (vvi) shall represent accrued and unpaid Interest and Late Charges on the Principal and Interest of this Note, from the Issuance Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ondas Holdings Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note Note: (i) shall be of like tenor with this Note, ; (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a) or Section 5(4)(c10(b), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), ; (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, ; (iv) shall have the same rights and conditions as this Note, ; and (v) shall represent accrued and unpaid Interest and Late Charges, if any, on the Principal of this Note, from the Issuance Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Minerco Resources, Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a16(a) or Section 5(4)(c16(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Principal and Interest of this Note, if any, from the Issuance Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Rancher Energy Corp.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a11(a) or Section 5(4)(c11(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued Interest and unpaid Late Charges on the Principal and Interest of this Note, from the Issuance DateDate if not paid at the time of issuance of the new Note.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i1) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a6(a) or Section 5(4)(c6(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a20(a) or Section 5(4)(c20(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest on the Principal of this Note, from the Issuance Date.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereof, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a(5)(a) or Section 5(4)(c(5)(c), the Principal designated by the Holder which, when added to the Principal represented by the other new Note issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new Note), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 1 contract
Samples: Convertible Secured Promissory Note (Perfect Moment Ltd.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a10(a) or Section 5(4)(c10(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest on the Principal of this Note, from the Issuance Date.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a6(a) or Section 5(4)(c6(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Principal and Interest of this Note, from the Issuance Date.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a19(a) or Section 5(4)(c19(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges, if any, on the Principal and Interest of this Note, from the Issuance Date.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a18(a) or Section 5(4)(c18(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 1 contract
Samples: Securities Restructuring Agreement (Sundial Growers Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a18(a) or Section 5(4)(c18(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Principal and Interest of this Note, if any, from the Issuance Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Minrad International, Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a13(a) or Section 5(4)(c13(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest Interest, if any, on the Principal of this Note, from the Issuance Date.
Appears in 1 contract
Samples: Security Agreement (Streamline Health Solutions Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a) 14.1 or Section 5(4)(c)14.3, the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Repayment Principal Amount and Interest of this Note, from the Issuance Date.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a20(a) or Section 5(4)(c20(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued Interest and unpaid Late Charges on the Principal and Interest of this Note, from the Issuance Date.
Appears in 1 contract
Samples: Senior Secured Convertible Note (Inksure Technologies Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a5(6)(a) or Section 5(4)(c5(6)(c), the Principal designated by the Holder which, when added to the Principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a17(a) or Section 5(4)(c17(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest of this Note, from the Issuance Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Biovest International Inc)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a20(a) or Section 5(4)(c20(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges, if any, on the Principal and Interest of this Note, from the Issuance Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Air Industries Group)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a5(a) or Section 5(4)(c5(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 1 contract
Samples: Convertible Note (Commerce Planet)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a16(a) or Section 5(4)(c16(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Principal and Interest of this Note, from the Issuance Date.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a18(a) or Section 5(4)(c18(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest Interest, if any, on the Principal of this Note, from the Issuance Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Wanxiang Group Corp)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note Note: (i) shall be of like tenor with this Note, ; (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a14(a) or Section 5(4)(c14(c), the Principal designated by the Holder which, when added to the Principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), ; (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.;
Appears in 1 contract
Samples: Convertible Note Agreement (Adcare Health Systems, Inc)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(aSections 14(a) or Section 5(4)(c14(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest on the Principal of this Note, from the Issuance Date.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a15(a) or Section 5(4)(c15(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Principal, Make-Whole Amount and Interest of this Note, from the Issuance Date.
Appears in 1 contract
Samples: Settlement Agreement (Avenir Wellness Solutions, Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(aSections 15(a) or Section 5(4)(c15(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, and (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 1 contract
Samples: Exchange Agreement (Resonant Inc)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a19(a) or Section 5(4)(c19(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest on the Principal and Interest of this Note, from the Issuance Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Adagio Medical Holdings, Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a19(a) or Section 5(4)(c19(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued Interest on the Principal and unpaid Interest of this Note, from the Issuance Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Composite Technology Corp)
Issuance of New Notes. Whenever the Company is required to ------------------------ issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a17(a) or Section 5(4)(c17(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued Interest and unpaid Late Charges on the Principal and Interest of this Note, from the Issuance Date.
Appears in 1 contract
Samples: Securities Exchange Agreement (Charys Holding Co Inc)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a(5)(a) or Section 5(4)(c(5)(c), the Principal designated by the Holder which, when added to the Principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Niocorp Developments LTD)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a19(a) or Section 5(4)(c19(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges (as defined in Section 25(c)) on the Principal and Interest of this Note, from the Issuance Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Delcath Systems, Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a12(a) or Section 5(4)(c12(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest on the Principal of this Note, from the Issuance Date.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a15(a) or Section 5(4)(c15(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued Interest and unpaid Late Charges on the Principal and Interest of this Note, from the Issuance Date.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a13(a) or Section 5(4)(c13(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued Interest and unpaid Late Charges on the Principal and Interest of this Note, from the Issuance Date.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (CareView Communications Inc)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a6(a) or Section 5(4)(c6(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.. Form of Senior Secured Convertible Note
Appears in 1 contract
Samples: Securities Purchase Agreement (Infinity Resources Holdings Corp.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a16(a) or Section 5(4)(c16(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the [Original] Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest Late Charges, if any, on the Principal of this Note, from the [Original] Issuance Date.
Appears in 1 contract
Samples: Amendment Agreement (Amyris, Inc.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a20(a) or Section 5(4)(c20(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Principal and Interest of this Note, from the Issuance Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (EF Hutton Acquisition Corp I)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a12(a) or Section 5(4)(c12(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued Interest and unpaid Late Charges on the Principal and Interest of this Note, from the Issuance Date.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a17(a) or Section 5(4)(c17(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, and (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest Late Charges, if any, on the Principal of this Note, from the Issuance Date.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a17(a) or Section 5(4)(c17(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges, if any, on the Principal and Interest of this Note from the Issuance Date.
Appears in 1 contract
Samples: Agreement of Merger and Plan of Reorganization (Eon Communications Corp)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a7(a) or Section 5(4)(c7(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid PIK Interest on the Principal of this Note, from the Issuance Date.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a10(a) or Section 5(4)(c10(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest on the Principal and Interest of this Note, if any, from the Issuance Date.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a19(a) or Section 5(4)(c19(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest on this Note, from the Issuance Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (American Superconductor Corp /De/)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a17(a) or Section 5(4)(c17(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest on the Principal and Interest of this Note, from the Issuance Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Applied Dna Sciences Inc)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a17(a) or Section 5(4)(c17(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest, Make-Whole Amount and Late Charges, if any, on the Principal and Interest of this Note, from the Issuance Date.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a) 11.1 or Section 5(4)(c)11.3, the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, and (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a20(a) or Section 5(4)(c20(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Make-Whole Amount, Interest and Late Charges on the Principal, Interest and Make-Whole Amount of this Note, from the Issuance Date.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a20(a) or Section 5(4)(c20(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest Late Charges on the Principal of this Note, from the Issuance Date.
Appears in 1 contract
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a18(a) or Section 5(4)(c18(c), the Principal designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges, if any, on the Principal and Interest of this Note, from the Issuance Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.)
Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms hereofof this Note, such new Note (i) shall be of like same tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal amount remaining outstanding (or in the case of a new Note being issued pursuant to Section 5(4)(a15(a) or Section 5(4)(c), 15(d) the Principal amount designated by the Holder which, when added to the Principal principal represented by the other new Note Notes issued in connection with such issuance, does not exceed the Principal amount remaining outstanding under this Note immediately prior to such issuance of new NoteNotes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, and (iv) shall be in the same form and have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Xinyuan Real Estate Co., Ltd.)
