Note Purchase. (a) Subject to the terms and conditions hereof, on the Closing Date Issuer shall issue to Holders, and each Holder shall purchase from Issuer (so long as all conditions precedent required hereby shall have then been satisfied or waived), a Tranche A Note in an aggregate principal amount equal to such Holder’s Tranche A Commitment, as set forth on Appendix A.
(b) Subject to the terms and conditions hereof, the Requisite Holders may agree from time to time in their sole and absolute discretion to purchase one or more additional tranches of notes from the Issuer under the provisions of this Agreement pursuant to a supplement (a “Supplement”). Each additional series of notes (the “Supplemental Notes”) issued pursuant to a Supplement shall be subject to the following terms and conditions:
(i) each series of Supplemental Notes, when so issued, shall be differentiated from all previous series by sequential alphabetical designation inscribed thereon;
(ii) each series of Supplemental Notes shall be dated the date of issue, bear interest at such rate or rates, be subject to mandatory and optional prepayment on the dates and at the premiums, if any, have such additional or different conditions precedent to closing, such representations and warranties and such additional covenants and other terms as shall be specified in the Supplement under which such Supplemental Notes are issued and upon execution of any such Supplement, this Agreement shall be deemed amended to reflect such additional covenants and terms without further action on the part of the holders of the Notes outstanding under this Agreement; provided, that any such additional covenants or terms shall inure to the benefit of all holders of Notes so long as any Supplemental Notes issued pursuant to such Supplement remain outstanding, except for any covenant or term relating to the interest rate, original issue discount, premium, call protection or any fee paid with respect to such Supplemental Notes (the “Supplemental Economic Terms”), it being understood that any Supplemental Economic Terms shall inure to the benefit of only the Holders of the applicable series of Supplemental Notes;
(iii) each series of Supplemental Notes shall mature no earlier than the Maturity Date;
(iv) each series of Supplemental Notes issued under this Agreement shall be in substantially the form of Exhibit J hereto with such variations, omissions and insertions as are necessary or permitted hereunder;
(v) no Holder shall be required...
Note Purchase. Subject to the terms and conditions of this Agreement, at the Closing, the Company agrees to sell to the Lender, and the Lender agrees to purchase from the Company, the Note substantially in the form of Exhibit A attached to this Agreement.
Note Purchase. Subject to the terms and conditions of this Agreement, at the Initial Closing (as defined below) or any Additional Closing(s) (as defined below), as applicable, the Company agrees to sell to each Lender, and each Lender severally agrees to purchase from the Company, a Note in the "Principal Amount" set forth opposite such Lender's name on the Schedule of Lenders (each, the “Principal Amount”).
Note Purchase. Subject to the terms of this Agreement and on the Crowdfund Mainstreet platform, the Purchaser agrees to lend $ (the “Loan Amount”) to the Company against the issuance and delivery by the Company of a promissory note for such amount, in substantially the form attached hereto as Exhibit A (the “Note”).
Note Purchase. Subject to the terms and conditions of this Agreement, the Company agrees to sell to each Investor, and each Investor severally agrees to purchase from the Company, a Convertible Promissory Note in the form attached to this Agreement as Exhibit B (each individually a “Note” and collectively the “Notes”) in the principal amount set forth opposite such Investor’s name on Exhibit A. The following are collectively referred to as the “Financing Documents”: (a) this Agreement, (b) the Notes, and (c) any document entered into or executed in connection with, or for the purpose of amending, any other Financing Document described in this sentence.
Note Purchase. Subject to the terms and conditions hereof, on the Closing Date, Issuer shall issue to each Holder, and each Holder shall purchase from Issuer (so long as all conditions precedent required hereby shall have then been satisfied or waived), a Note in an aggregate principal amount equal to such Holder’s Pro Rata Share of $200,000,000.
Note Purchase. Subject to the terms and conditions of this ------------- Agreement, the Company agrees to sell to each Investor, and each Investor severally agrees to purchase from the Company, a Promissory Note in the form attached to this Agreement as Exhibit B (individually a "Note" and collectively --------- the "Notes") in the principal amount set forth opposite such Investor's name on Exhibit A. ---------
Note Purchase. Subject to the terms and conditions of this Agreement, the Company agrees to sell to each Investor, and each Investor severally agrees to purchase from the Company, one or more Secured Convertible Promissory Notes in the form attached to this Agreement as Exhibit A (each individually a “Note” and collectively the “Notes”) in the principal amount set forth opposite such Investor’s name on Schedule A. Each Note will be secured on the terms set forth herein, in each Note and the Security Agreement and the other Security Documents. The following are collectively referred to as the “Financing Documents”: (a) this Agreement, (b) the Notes, (c) the Security Agreement, (d) any other Security Document, (e) the Intercreditor Agreement, (f) the Warrants, and (g) any document entered into or executed in connection with, or for the purpose of amending, any of the documents referred to in clauses (a) through (g) above.
Note Purchase. On the Effective Date, the Company will issue, and the Purchasers will purchase, Notes in an aggregate amount equal to the Note Purchase Amount, subject to the terms and conditions set forth in this Agreement.
Note Purchase. Subject to the terms and conditions set forth herein and relying upon the representations and warranties herein set forth, on the Effective Date, the Issuer shall issue to each Holder, and each Holder shall purchase from the Issuer (so long as all conditions precedent required hereby shall have then been satisfied or waived), a Note in the aggregate principal amount equal to such Holder’s Pro Rata Share of $100,000,000, to be purchased net of three percent (3.0%) discount. Such discount shall be treated as original issue discount for U.S. federal income tax purposes.
