Lost or Stolen Note. Upon receipt by the Company of evidence of the loss, theft, destruction or mutilation of this Note, and (in the case of loss, theft or destruction) of indemnity or security reasonably satisfactory to the Company, and upon surrender and cancellation of this Note, if mutilated, the Company shall execute and deliver to the Holder a new Note identical in all respects to this Note.
Appears in 21 contracts
Samples: Secured Convertible Note (Catasys, Inc.), Secured Convertible Note (Catasys, Inc.), Note Agreement (Catasys, Inc.)
Lost or Stolen Note. Upon receipt by the Company of evidence of the loss, theft, destruction or mutilation of this Note, and (in the case of loss, theft or destruction) of indemnity or security reasonably satisfactory to the Company, and upon surrender and cancellation of this the Note, if mutilated, the Company shall execute and deliver to the Holder a new Note identical in all respects to this Note.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Integrated Biopharma Inc), Senior Convertible Note (Earth Biofuels Inc), Note Agreement (Applied Digital Solutions Inc)
Lost or Stolen Note. Upon receipt by notice to the Company of evidence of the loss, theft, destruction or mutilation of this Note, and (and, in the case of loss, theft or destruction) , of indemnity or security reasonably satisfactory an indemnification undertaking by the Holder to the CompanyCompany in a form reasonably acceptable to the Company and, and in the case of mutilation, upon surrender and cancellation of this the Note, if mutilated, the Company shall execute and deliver to the Holder a new Note identical of like tenor and date and in all respects to substantially the same form as this Note.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Grow Solutions Holdings, Inc.), Asset Purchase Agreement (Grow Solutions Holdings, Inc.), Promissory Note (Digital Power Corp)
Lost or Stolen Note. Upon receipt by the Company of evidence of the loss, theft, destruction or mutilation of this Note, and (in the case of loss, theft or destruction) of indemnity or security reasonably satisfactory to the Company, and upon surrender and cancellation of this the Note, if mutilated, the Company shall at the Company’s cost and expense execute and deliver to the Holder a new Note identical in all respects to this Note.
Appears in 3 contracts
Samples: Note Purchase Agreement (Aspyra Inc), Senior Secured Working Capital Note (Manaris Corp), Note Purchase Agreement (Aspyra Inc)
Lost or Stolen Note. Upon receipt by notice to the Company of evidence of the loss, theft, destruction or mutilation of this Note, and (and, in the case of loss, theft or destruction) , of indemnity or security reasonably satisfactory an indemnification undertaking by the Holder to the CompanyCompany in a form reasonably acceptable to the Company and customary for similar circumstances in commercial lender/borrower circumstances, and and, in the case of mutilation, upon surrender and cancellation of this the Note, if mutilated, the Company shall execute and deliver to the Holder a new Note identical of like tenor and date and in all respects to substantially the same form as this Note.
Appears in 2 contracts
Samples: Promissory Note Conversion Agreement (Canfield Medical Supply, Inc.), Note Conversion Agreement (Canfield Medical Supply, Inc.)
Lost or Stolen Note. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this the Note, and (and, in the case of loss, theft or destruction) , of indemnity or security reasonably satisfactory any indemnification undertaking by the Holder to the CompanyCompany in customary form and, and in the case of mutilation, upon surrender and cancellation of this the Note, if mutilated, the Company shall execute and deliver to the Holder a new Note identical in all respects to this Notepromissory note of like tenor and date.
Appears in 1 contract
Lost or Stolen Note. Upon receipt by notice to the Company of evidence of the loss, theft, destruction or mutilation of this Note, and (and, in the case of loss, theft or destruction) , of indemnity or security reasonably satisfactory an indemnification undertaking by the Holder to the CompanyCompany in a form reasonably acceptable to the Company and customary for similar circumstances in commercial borrower circumstances, and and, in the case of mutilation, upon surrender and cancellation of this the Note, if mutilated, the Company shall execute and deliver to the Holder a new Note identical of like tenor and date and in all respects to substantially the same form as this Note.
Appears in 1 contract
Samples: Financing and Security Agreement (Fresh Healthy Vending International, Inc.)
Lost or Stolen Note. Upon receipt by notice to the Company of evidence of the loss, theft, destruction or mutilation or assignment of this Note, and (and, in the case of loss, theft or destruction) , of indemnity or security reasonably satisfactory an indemnification undertaking by the Holder to the CompanyCompany in a form reasonably acceptable to the Company and, and in the case of mutilation, upon surrender and cancellation of this the Note, if mutilated, the Company shall execute and deliver to the Holder a new Note identical of like tenor and date and in all respects to substantially the same form as this Note.
Appears in 1 contract
Samples: Senior Secured Promissory Note (Tilden Associates Inc)
Lost or Stolen Note. Upon receipt by of evidence reasonably satisfactory to the Company of evidence of the loss, theft, destruction destruction, or mutilation of this NoteNote and, and (in the case of loss, theft or destruction) , upon receipt of an indemnity or security reasonably satisfactory to the Company, and or in the case of mutilation, upon surrender and cancellation of this Note, if mutilatedthe Company, the Company shall execute at its expense, will make and deliver to the Holder a new Note identical Note, of like tenor, in all respects to this lieu of the lost, stolen, destroyed or mutilated Note.
Appears in 1 contract
Samples: Secured Convertible Promissory Note (Southwall Technologies Inc /De/)
Lost or Stolen Note. Upon receipt by the Company Corporation of (i) evidence of the loss, theft, destruction or mutilation of this Note, Note and (ii) (y) in the case of loss, theft or destruction) , of indemnity (without any bond or security other security) reasonably satisfactory to the CompanyCorporation, and or (z) in the case of mutilation, upon surrender and cancellation of this Note, if mutilated, the Company Corporation shall execute and deliver to the Holder a new Note identical in all respects to this Noteof like tenor and date.
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Lost or Stolen Note. Upon receipt by the Company of evidence satisfactory to the Company of the loss, theft, destruction or mutilation of this any Note, and (and, in the case of loss, theft or destruction) , of indemnity or security reasonably satisfactory an indemnification undertaking by Holder to the CompanyCompany in a form reasonably acceptable to the Company and, and in the case of mutilation, upon surrender and cancellation of this the Note, if mutilated, the Company Consolidated Companies shall execute and deliver to the Holder a new Note identical in all respects to this Noteof like tenor and date.
Appears in 1 contract