No Effective Registration. Notwithstanding anything to the contrary herein, the Holder shall not be required to accept shares of Common Stock as payment following a conversion by the Holder if there fails to exist an effective current Registration Statement (as defined in the Registration Rights Agreement) covering the shares of Common Stock to be issued, or if an Event of Default hereunder exists and is continuing, unless such requirement is otherwise waived in writing by the Holder in whole or in part at the Holder’s option.
Appears in 17 contracts
Samples: Secured Convertible Minimum Borrowing Note (American Technologies Group Inc), Secured Convertible Minimum Borrowing Note (Accentia Biopharmaceuticals Inc), Secured Convertible Minimum Borrowing Note (House of Brussels Chocolates Inc)
No Effective Registration. Notwithstanding anything to the contrary herein, the Holder shall not be required to accept shares of Common Stock as payment following a conversion by the Holder if there fails to exist an effective current Registration Statement (as defined in the Registration Rights Agreement) covering the shares of Common Stock to be issued, or if an Event of Default hereunder exists and is continuing, unless such requirement is otherwise waived in writing by the Holder in whole or in part at the Holder’s 's option.
Appears in 14 contracts
Samples: Secured Convertible Minimum Borrowing Note (Naturade Inc), Secured Convertible Note (Integrated Security Systems Inc), Secured Convertible Minimum Borrowing Note (RG America, Inc.)
No Effective Registration. Notwithstanding anything to the contrary herein, the Holder shall not be required to accept shares of Common Stock as payment following a conversion by the Holder if there fails to exist an effective current Registration Statement (as defined in the Registration Rights Agreement) covering the shares of Common Stock to be issued, or if an Event of Default hereunder exists and is continuing, unless such requirement is otherwise waived in writing by the Holder in whole or in part at the Holder’s 's option.
Appears in 7 contracts
Samples: Secured Convertible Minimum Borrowing Note (Hesperia Holding Inc), Secured Convertible Note (Conversion Services International Inc), Secured Convertible Term Note (Thomas Equipment, Inc.)
No Effective Registration. Notwithstanding anything to the contrary herein, the Holder shall not be required to accept shares of Common Stock as payment following a conversion by the Holder if there fails to exist an effective current Registration Statement (as defined in the Registration Rights Agreement) covering the shares of Common Stock to be issued, or if an Event of Default hereunder exists and is continuing, unless such requirement is otherwise waived in writing by the Holder in whole or in part at the Holder’s option.
Appears in 3 contracts
Samples: Secured Convertible Term Note (Maxim Mortgage Corp/), Secured Convertible Minimum Borrowing Note (Maxim Mortgage Corp/), Secured Convertible Note (Conversion Services International Inc)
No Effective Registration. Notwithstanding anything to the contrary herein, the Holder shall not be required to accept shares of Common Stock as payment following a conversion by the Holder if there fails to exist an effective current Registration Statement (as defined in the Registration Rights Agreement) covering the shares of Common Stock to be issuedissued (unless such shares of Common Stock can be transferred under Rule 144 under the Securities Act without regard to volume limitation), or if an Event of Default hereunder exists and is continuing, unless such requirement is otherwise waived in writing by the Holder in whole or in part at the Holder’s option.
Appears in 2 contracts
Samples: Secured Convertible Note (Airnet Communications Corp), Secured Convertible Minimum Borrowing Note (Airnet Communications Corp)
No Effective Registration. Notwithstanding anything to the contrary herein, the Holder shall not be required to accept shares of Common Stock as payment following a conversion by the Holder if there fails to exist an effective current Registration Statement (as defined in the Registration Rights Agreement) covering the resale of the shares of Common Stock to be issued, or if an Event of Default hereunder exists and is continuing, unless such requirement is otherwise waived in writing by the Holder in whole or in part at the Holder’s 's option.
Appears in 1 contract
Samples: Secured Convertible Term Note (Return on Investment Corp)
No Effective Registration. Notwithstanding anything to the contrary herein, the Holder shall not be required to accept shares of Common Stock as payment following a conversion by the Holder if there fails to exist an effective current Registration Statement (as defined in the Registration Rights Agreement) covering the resale of the shares of Common Stock to be issued, or if an Event of Default hereunder exists and is continuing, unless such requirement is otherwise waived in writing by the Holder in whole or in part at the Holder’s 's option.
Appears in 1 contract
Samples: Secured Convertible Note (Return on Investment Corp)
No Effective Registration. Notwithstanding anything to the contrary herein, the Holder shall not be required to accept shares of Common Stock as payment following a conversion by the Holder (a) if there fails to exist an effective current Registration Statement (as defined in the Registration Rights Agreement) covering the shares of Common Stock to be issuedissued and if an exemption from registration for resale (without volume limitation) of all of the Common Stock issued and issuable is unavailable pursuant to Rule 144 of the Securities Act, or (b) if an Event of Default hereunder exists and is continuing, unless such requirement is otherwise waived in writing by the Holder in whole or in part at the Holder’s 's option.
Appears in 1 contract
Samples: Secured Convertible Term Note (General Environmental Management, Inc)
