Common use of Issuance of New Notes Clause in Contracts

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 18 contracts

Samples: Equity Purchase Agreement (Zapp Electric Vehicles Group LTD), Equity Purchase Agreement (Zapp Electric Vehicles Group LTD), Equity Purchase Agreement (GigCapital5, Inc.)

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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: Loan Agreement (Hepion Pharmaceuticals, Inc.), Digital Ally, Inc., Greenlane 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)(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: Note (Top Ships Inc.), Lm Funding America, Inc., 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 8 contracts

Samples: Securities Purchase Agreement (BOQI International Medical, Inc.), Securities Purchase Agreement (Sundial Growers Inc.), Securities Purchase 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: Prepaid Advance Agreement (Applied Digital Corp.), Prepaid Advance Agreement (Applied Digital Corp.), 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)(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: Amendment Agreement (Repros Therapeutics Inc.), Amendment Agreement (Repros Therapeutics Inc.), Amendment Agreement (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)(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: SANUWAVE Health, Inc., SANUWAVE Health, Inc., SANUWAVE Health, 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 6 contracts

Samples: Equity Purchase Agreement (Envirotech Vehicles, Inc.), Envirotech Vehicles, Inc., Rail Vision 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)(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 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 5 contracts

Samples: Securities Purchase Agreement (Amyris, Inc.), Amendment Agreement (Ener-Core, Inc.), Metalico 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 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), Registration Rights Agreement (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: Guaranty and Security Agreement (Imation Corp), Securities Purchase Agreement (Epiq Systems Inc), Royalty 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: December Purchase Agreement (Ener1 Inc), Purchase Agreement (Ener1 Inc), Purchase 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 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: Second Redemption and Exchange Agreement (Microstrategy Inc), Second Redemption and Exchange Agreement (Microstrategy Inc), Second 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: micromobility.com Inc., micromobility.com Inc., 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: Form of Amendment Agreement (Amyris, Inc.), Form of Securities Purchase Agreement (Amyris, Inc.), Form of 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. on the Principal and Interest of this Note, from the Issuance Date.

Appears in 3 contracts

Samples: Comstock Inc., SANUWAVE Health, Inc., 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)(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: Lm Funding America, Inc., Victory Electronic Cigarettes Corp, 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 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: Adcare Health Systems, Inc, Adcare Health Systems, Inc

Issuance of New Notes. (i) 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, 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 2 contracts

Samples: A Note Purchase Agreement (Blue Coat Systems Inc), A Note Purchase Agreement (Blue Coat 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)(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: Note Purchase 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)(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 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: Celularity Inc, 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)(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 an exchange date, as indicated on the face of such new Note, which is the same as the Exchange Date of this Note (v) shall have the same rights and conditions as this Note, and (vvi) 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: Exchange Agreement (Amyris, Inc.), Exchange 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 (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: Venus Concept Inc., 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)(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: Vynleads, Inc., 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)(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.), 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)(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.), Ads in Motion, 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: Settlement 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: Equity Purchase Agreement (Celularity Inc), 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)(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

Samples: SOBR Safe, 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 Late Charges on the Principal of this Note, from the Issuance Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (GigCapital5, 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

Samples: Securities Purchase 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)(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

Samples: Bit Digital, 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 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: 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

Samples: Security 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)(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 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: Pledge Agreement (AGBA Group Holding 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)(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: 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 (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

Samples: Compensation Note (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 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)(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)(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.)

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.)

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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 1 contract

Samples: 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)(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)(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

Samples: Note Purchase Agreement (QC 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)(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

Samples: Securities Purchase Agreement (Atomera 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: Security Subscription 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)(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: Security 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)(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

Samples: 22nd Century Group, 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) 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

Samples: Transaction Documents (Aura 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.. 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)(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)(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)(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

Samples: Note Purchase Agreement (Sotherly Hotels Lp)

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)(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)(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: 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)(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

Samples: 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)(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

Samples: Us Dataworks 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 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)(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

Samples: CooTek(Cayman)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)(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

Samples: Senior Note (Vertical Branding, 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, if any, on the Principal and Interest of this Note, from the Issuance Date.

Appears in 1 contract

Samples: MassRoots, 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 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)(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

Samples: Subordination and Intercreditor Agreement (PDG Environmental 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 1 contract

Samples: 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 (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

Samples: AgriVest Americas, 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 (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)(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)(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

Samples: Security Agreement (Nestor 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 [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: Form of 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)(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: Subordination Agreement (Streamline Health Solutions Inc.)

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