Common use of Issuance of New Notes Clause in Contracts

Issuance of New Notes. Whenever the Issuer is required to issue a new Note pursuant to the terms of 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 remaining Accreted Principal Amount (or in the case of a new Note being issued pursuant to Section 13(a) or Section 13(c), the Accreted Principal Amount designated by the Holder which, when added to the aggregate Accreted Principal Xxxxxx represented by the other new Notes issued in connection with such issuance, does not exceed the remaining Accreted Principal Amount under this Note immediately prior to such issuance of new Notes), (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 represent accrued and unpaid Interest on the Accreted Principal Amount of this Note, if any, from the Issuance Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 13(b), as the case may be.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Hut 8 Corp.)

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Issuance of New Notes. Whenever the Issuer Company is required to issue a new Note pursuant to the terms of 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 Accreted Principal Amount outstanding (or in the case of a new Note being issued pursuant to Section 13(a16(a) or Section 13(c16(c), the Accreted Principal Amount designated by the Holder which, when added to the aggregate Accreted Principal Xxxxxx principal represented by the other new Notes issued in connection with such issuance, does not exceed the Principal remaining Accreted Principal Amount outstanding under this Note immediately prior to such issuance of new Notes), (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 Accreted Principal Amount and Interest of this Note (or in the case of a new Note being issued pursuant to Section 16(a) or Section 16(c), accrued and unpaid Interest and Late Charges applicable to such new Note, if anywhen added to the Interest and Late Charges applicable to such other new Notes issued in connection with such issuance, does not exceed the accrued and unpaid Interest and Late Charges applicable to this Note immediately prior to such issuance of new Notes), from the Issuance Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 13(b), as the case may be.

Appears in 1 contract

Samples: Securities Purchase Agreement

Issuance of New Notes. Whenever the Issuer is required to issue a new Note pursuant to the terms of 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 remaining Accreted Outstanding Principal Amount Balance (or in the case of a new Note being issued pursuant to Section 13(a14(a) or Section 13(c14(c), the Accreted Outstanding Principal Amount Balance designated by the Holder which, when added to the aggregate Accreted Outstanding Principal Xxxxxx Balance represented by the other new Notes issued in connection with such issuance, does not exceed the remaining Accreted Outstanding Principal Amount Balance under this Note immediately prior to such issuance of new Notes), (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 represent accrued and unpaid Interest on the Accreted Outstanding Principal Amount Balance of this Note, if any, from the Issuance Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 13(b14(b), as the case may be.. Confidential Treatment Requested by Uber Technologies, Inc. Pursuant to 17 C.F.R. Section 200.83

Appears in 1 contract

Samples: Convertible Notes Purchase Agreement (Uber Technologies, Inc)

Issuance of New Notes. Whenever the Issuer Company is required to issue a new Note pursuant to the terms of 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 Accreted Principal Amount outstanding (or in the case of a new Note being issued pursuant to Section 13(a18(a) or Section 13(c18(c), the Accreted Principal Amount designated by the Holder which, when added to the aggregate Accreted Principal Xxxxxx principal represented by the other new Notes issued in connection with such issuance, does not exceed the Principal remaining Accreted Principal Amount outstanding under this Note immediately prior to such issuance of new Notes), (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 a first exchange date, as indicated on the face of such new Note, which is the same as the First Exchange Date of this Note, (v) shall have a second exchange date, as indicated on the face of such new Note, which is the same as the Second Exchange Date of this Note, (vi) shall have the same rights and conditions as this Note, and (vvii) shall represent accrued and unpaid Interest and Late Charges, if any, on the Accreted Principal Amount and Interest of this Note, if any, from the Issuance Second Exchange Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 13(b), as the case may be.

Appears in 1 contract

Samples: Second Exchange Agreement (Amyris, Inc.)

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Issuance of New Notes. Whenever the Issuer is required to issue a new Note pursuant to the terms of 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 remaining Accreted Outstanding Principal Amount Balance (or in the case of a new Note being issued pursuant to Section 13(a) or Section 13(c), the Accreted Outstanding Principal Amount Balance designated by the Holder which, when added to the aggregate Accreted Outstanding Principal Xxxxxx Balance represented by the other new Notes issued in connection with such issuance, does not exceed the remaining Accreted Outstanding Principal Amount Balance under this Note immediately prior to such issuance of new Notes), (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 represent accrued and unpaid Interest on the Accreted Outstanding Principal Amount Balance of this Note, if any, from the Issuance Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 13(b), as the case may be.

Appears in 1 contract

Samples: Convertible Notes Purchase Agreement (Uber Technologies, Inc)

Issuance of New Notes. Whenever the Issuer is required to issue a new Note pursuant to the terms of 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 remaining Accreted Outstanding Principal Amount Balance (or in the case of a new Note being issued pursuant to Section 13(a14(a) or Section 13(c14(c), the Accreted Outstanding Principal Amount Balance designated by the Holder which, when added to the aggregate Accreted Outstanding Principal Xxxxxx Balance represented by the other new Notes issued in connection with such issuance, does not exceed the remaining Accreted Outstanding Principal Amount Balance under this Note immediately prior to such issuance of new Notes), (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 represent accrued and unpaid Interest on the Accreted Outstanding Principal Amount Balance of this Note, if any, from the Issuance Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 13(b14(b), as the case may be.

Appears in 1 contract

Samples: Convertible Notes Purchase Agreement (Uber Technologies, Inc)

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