Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Principal Amount (“Optional Redemption”), in whole or in part, by paying to the Holder a sum of money equal to the Applicable Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “Redemption Amount”) on the day written notice of redemption (the “Notice of Redemption”) is given to the Holder. The Notice of Amortizing Redemption shall specify the date for such Optional Redemption (the “Redemption Payment Date”), which date shall be seven (7) business days after the date of the Notice of Redemption (the “Redemption Period”). On the Redemption Payment Date, the Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Redemption Amount on the Redemption Payment Date as set forth herein, then such Notice of Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 3 contracts
Samples: Secured Term Note (Creative Vistas Inc), Secured Term Note (Creative Vistas Inc), Secured Term Note (Creative Vistas Inc)
Optional Redemption of Amortizing Principal Amount. The Borrower Company will have the option of prepaying the outstanding Amortizing Principal Amount (“Optional Redemption”"OPTIONAL AMORTIZING REDEMPTION"), in whole or in part, by paying to the Holder Purchaser a sum of money equal to one hundred twenty five percent (125%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder Purchaser arising under this Note, the Purchase Agreement or any other Related Agreement (the “Redemption Amount”"AMORTIZING REDEMPTION AMOUNT") on the day written Amortizing Redemption Payment Date (as defined below). The Company shall deliver to the Purchaser a notice of redemption (the “Notice of Redemption”"NOTICE OF AMORTIZING REDEMPTION") is given to the Holder. The Notice of Amortizing Redemption shall specify specifying the date for such Optional Amortizing Redemption (the “Redemption Payment Date”"AMORTIZING REDEMPTION PAYMENT DATE"), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “"REDEMPTION PERIOD"). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Purchaser has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Purchaser pursuant to Section 3.1 during the Redemption Period”). The Amortizing Redemption Amount shall be determined as if such Purchaser's conversion elections had been completed immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the HolderPurchaser. In the event the Borrower Company fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 2 contracts
Samples: Securities Purchase Agreement (It&e International Group), Secured Convertible Term Note (It&e International Group)
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“"Optional Amortizing Redemption”"), in whole or in part, by paying to the Holder a sum of money equal to one hundred thirty percent (130%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “"Amortizing Redemption Amount”") on the day written notice of redemption (the “"Notice of Amortizing Redemption”") is given to the Holder. The Notice of Amortizing Redemption shall specify the date for such Optional Amortizing Redemption (the “"Amortizing Redemption Payment Date”"), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “"Redemption Period”"). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Redemption Period. The Amortizing Redemption Amount shall be determined as if such Holder's conversion elections had been completed immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 2 contracts
Samples: Secured Convertible Term Note (Datalogic International Inc), Secured Convertible Term Note (Trinity Learning Corp)
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“Optional Redemption”"OPTIONAL AMORTIZING REDEMPTION"), in whole or in part, by paying to the Holder a sum of money equal to one hundred twenty five percent (125%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “Redemption Amount”"AMORTIZING REDEMPTION AMOUNT") on the day written notice of redemption (the “Notice of Redemption”"NOTICE OF AMORTIZING REDEMPTION") is given to the Holder. The Notice of Amortizing Redemption shall specify the date for such Optional Amortizing Redemption (the “Redemption Payment Date”"AMORTIZING REDEMPTION PAYMENT DATE"), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “"REDEMPTION PERIOD"). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Redemption Period”). The Amortizing Redemption Amount shall be determined as if such Holder's conversion elections had been completed immediately prior tx xxx date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 2 contracts
Samples: Secured Convertible Term Note (Creative Vistas Inc), Secured Convertible Term Note (Creative Vistas Inc)
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“"Optional Amortizing Redemption”"), in whole or in part, by paying to the Holder a sum of money equal to one hundred thirty percent (130%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “"Amortizing Redemption Amount”") on the day written notice of redemption (the “"Notice of Amortizing Redemption”") is given to the Holder. The Notice of Amortizing Redemption shall specify the date for such Optional Amortizing Redemption (the “"Amortizing Redemption Payment Date”"), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “"Redemption Period”"). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Redemption Period. The Amortizing Redemption Amount shall be determined as if such Holder's conversion electioxx xxx been completed immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Samples: Secured Convertible Term Note (Datalogic International Inc)
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the Companies may prepay outstanding Amortizing Principal Amount (“Optional Redemption”)Amount, in whole or in part, (the "OPTIONAL AMORTIZING REDEMPTION") by paying paying, on a joint and several basis, to the Holder a sum of money equal to one hundred thirty percent (130%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, redeemed together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “Redemption Amount”"Amortizing REDEMPTION AMOUNT") outstanding on the day Amortizing Redemption Payment Date (as defined below). The Companies shall deliver to the Holder a written notice of redemption (the “Notice of Redemption”"NOTICE OF AMORTIZING REDEMPTION") is given to the Holder. The Notice of Amortizing Redemption shall specify specifying the date for such Optional Amortizing Redemption (the “Redemption Payment Date”"AMORTIZING REDEMPTION PAYMENT DATE"), which date shall be seven ten (710) business days after the date of the Notice of Amortizing Redemption (the “Redemption "REDEMPTION Period”"). On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall must be paid in good funds to the Holder. In the event the Borrower fails Companies fail to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Samples: Secured Term Note (Thinkpath Inc)
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“Optional Amortizing Redemption”), in whole or in part, by paying to the Holder a sum of money equal to one hundred thirty percent (130%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “Amortizing Redemption Amount”) on the day written notice of redemption (the “Notice of Amortizing Redemption”) is given to the Holder. The Notice of Amortizing Redemption shall specify the date for such Optional Amortizing Redemption (the “Amortizing Redemption Payment Date”), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “Redemption Period”). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Redemption Period. The Amortizing Redemption Amount shall be determined as if such Xxxxxx’s conversion elections had been completed immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“"Optional Amortizing Redemption”"), in whole or in part, by paying to the Holder a sum of money equal to one hundred twenty five percent (125%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “"Amortizing Redemption Amount”") on the day written notice of redemption (the “"Notice of Amortizing Redemption”") is given to the Holder. The Notice of Amortizing Redemption shall specify the date for such Optional Amortizing Redemption (the “"Amortizing Redemption Payment Date”"), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “"Redemption Period”"). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Redemption Period. The Amortizing Redemption Amount shall be determined as if such Xxxxxx's conversion elections had been completed immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“Optional Amortizing Redemption”), in whole or in part, by paying to the Holder a sum of money equal to one hundred fifteen percent (115%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “Amortizing Redemption Amount”) on the day written notice of redemption (the “Notice of Amortizing Redemption”) is given to the Holder. The Notice of Amortizing Redemption shall specify the date for such Optional Amortizing Redemption (the “Amortizing Redemption Payment Date”), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “Redemption Period”). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Redemption Period. The Amortizing Redemption Amount shall be determined as if such Hxxxxx’s conversion elections had been completed immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Samples: Secured Convertible Term Note (Conversion Services International Inc)
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“"Optional Amortizing Redemption”"), in whole or in part, by paying to the Holder a sum of money equal to one hundred twenty-five percent (125%) of the Applicable unpaid Amortizing Principal Amount (as defined below) to be redeemedredeemed at the time of such prepayment, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “"Amortizing Redemption Amount”") on the day written notice of redemption (the “"Notice of Amortizing Redemption”") is given to the Holder. The Notice of Amortizing Redemption shall specify the date for such Optional Amortizing Redemption (the “"Amortizing Redemption Payment Date”"), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “"Redemption Period”"). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Redemption Period. The Amortizing Redemption Amount shall be determined as if such Xxxxxx's conversion elections had been completed immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“Optional Amortizing Redemption”), in whole or in part, by paying to the Holder a sum of money equal to one hundred fifteen percent (115%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “Amortizing Redemption Amount”) on the day written Amortizing Redemption Payment Date (as defined below). The Borrower shall deliver to the Holder a notice of redemption (the “Notice of Amortizing Redemption”) is given to the Holder. The Notice of Amortizing Redemption shall specify specifying the date for such Optional Amortizing Redemption (the “Amortizing Redemption Payment Date”), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “Redemption Period”). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1 or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Redemption Period. The Amortizing Redemption Amount shall be determined as if such Xxxxxx’s conversion elections had been completed immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“Optional Redemption”"OPTIONAL AMORTIZING REDEMPTION"), in whole or in part, by paying to the Holder a sum of money equal to one hundred thirty percent (130%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “Redemption Amount”"AMORTIZING REDEMPTION AMOUNT") on the day written Amortizing Redemption Payment Date (as defined below). The Borrower shall deliver to the Holder a notice of redemption (the “Notice of Redemption”"NOTICE OF AMORTIZING REDEMPTION") is given to the Holder. The Notice of Amortizing Redemption shall specify specifying the date for such Optional Amortizing Redemption (the “Redemption Payment Date”"AMORTIZING REDEMPTION PAYMENT DATE"), which date shall be seven not less than twelve (712) business days after the date of the Notice of Amortizing Redemption (the “"REDEMPTION PERIOD"). During the Redemption Period”), the Holder shall have the right to exercise its conversion rights pursuant to Section 3.1, provided that the Holder shall have provided a Notice of Conversion ( as defined in Section 3.3) to the Borrower no less than two (2) business days prior to the Amortizing Redemption Payment Date. A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has provided a Notice of Conversion prior to the Redemption Period or for a qualifying Notice of Conversion issued during the Redemption Period . The Amortizing Redemption Amount shall be determined as if such Xxxxxx's conversion elections had been completed immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount (less any amounts for which conversions are pending) shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount (less any amounts for which conversions are pending) on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Samples: Secured Convertible Term Note (Cardiogenesis Corp /Ca)
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“Optional Amortizing Redemption”), in whole or in part, by paying to the Holder Holders a sum of money equal to one hundred twenty five percent (125%) of the Applicable portion of the Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder Holders arising under this Term Note, the Purchase Agreement or any other Related Agreement (the “Amortizing Redemption Amount”) on the day written Amortizing Redemption Payment Date (as defined below). The Borrower shall deliver to the Holders a notice of redemption (the “Notice of Amortizing Redemption”) is given to the Holder. The Notice of Amortizing Redemption shall specify specifying the date for such Optional Amortizing Redemption (the “Amortizing Redemption Payment Date”), which date shall be seven not less than ten (710) business days after the date of the Notice of Amortizing Redemption (the “Redemption Period”). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holders have a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holders pursuant to Section 3.1 during the Redemption Period. The Amortizing Redemption Amount shall be determined as if such Holders’ conversion elections had been completed immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the HolderHolders. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Samples: Secured Convertible Term Note (Corgenix Medical Corp/Co)
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“"Optional Amortizing Redemption”"), in whole or in part, by paying to the Holder a sum of money equal to one hundred fifteen percent (115%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “"Amortizing Redemption Amount”") on the day written Amortizing Redemption Payment Date (as defined below). The Borrower shall deliver to the Holder a notice of redemption (the “Notice of Redemption”) is given to the Holder. The "Notice of Amortizing Redemption shall specify Redemption") specifying the date for such Optional Amortizing Redemption (the “"Amortizing Redemption Payment Date”"), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “"Redemption Period”"). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1 or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Redemption Period. The Amortizing Redemption Amount shall be determined as if such Xxxxxx’s conversion elections had been completed immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“Optional Redemption”"OPTIONAL AMORTIZING REDEMPTION"), in whole or in part, by paying to the Holder a sum of money equal to one hundred fifteen percent (115%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “Redemption Amount”"AMORTIZING REDEMPTION AMOUNT") on the day written notice of redemption (the “Notice of Redemption”"NOTICE OF AMORTIZING REDEMPTION") is given to the Holder. The Notice of Amortizing Redemption shall specify the date for such Optional Amortizing Redemption (the “Redemption Payment Date”"AMORTIZING REDEMPTION PAYMENT DATE"), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “"REDEMPTION PERIOD"). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Redemption Period”). The Amortizing Redemption Amount shall be determined as if such Hxxxxx's conversion elections had been completed immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Samples: Secured Convertible Term Note (Conversion Services International Inc)
Optional Redemption of Amortizing Principal Amount. The Borrower Company will have the option of prepaying the outstanding Amortizing Principal Amount (“"Optional Amortizing Redemption”"), in whole or in part, by paying to the Holder Purchaser a sum of money equal to one hundred twenty five percent (125%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder Purchaser arising under this Note, the Purchase Agreement or any other Related Agreement (the “"Amortizing Redemption Amount”") on the day written Amortizing Redemption Payment Date (as defined below). The Company shall deliver to the Purchaser a notice of redemption (the “Notice of Redemption”) is given to the Holder. The "Notice of Amortizing Redemption shall specify Redemption") specifying the date for such Optional Amortizing Redemption (the “"Amortizing Redemption Payment Date”"), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “"Redemption Period”"). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Purchaser has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Purchaser pursuant to Section 3.1 during the Redemption Period. The Amortizing Redemption Amount shall be determined as if such Purchaser's conversion elections had been completed immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the HolderPurchaser. In the event the Borrower Company fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“Optional Redemption”"OPTIONAL AMORTIZING REDEMPTION"), in whole or in part, by paying to the Holder a sum of money equal to one hundred thirty percent (130%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “Redemption Amount”"AMORTIZING REDEMPTION AMOUNT") on the day written notice of redemption (the “Notice of Redemption”"NOTICE OF AMORTIZING REDEMPTION") is given to the Holder. The Notice of Amortizing Redemption shall specify the date for such Optional Amortizing Redemption (the “Redemption Payment Date”"AMORTIZING REDEMPTION PAYMENT DATE"), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “"REDEMPTION PERIOD"). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Redemption Period”). The Amortizing Redemption Amount shall be determined as if such Xxxxxx's conversion elections had been completed immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Samples: Secured Convertible Term Note (Centurion Gold Holdings Inc)
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the ---------------------------------------------------- Company may prepay outstanding Amortizing Principal Amount (“Optional Redemption”)Amount, in whole or in part, (the "Optional Amortizing Redemption") by paying to the Holder a sum of money equal to one hundred percent (100%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, redeemed together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “"Amortizing Redemption Amount”") outstanding on the day Amortizing Redemption Payment Date (as defined below). The Company shall deliver to the Holder a written notice of redemption (the “Notice of Redemption”) is given to the Holder. The "Notice of Amortizing Redemption shall specify Redemption") specifying the date for such Optional Amortizing Redemption (the “"Amortizing Redemption Payment Date”"), which date shall be seven (7) business days after the date of the Notice of Amortizing Redemption (the “"Redemption Period”"). On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall must be paid in good funds to the Holder. In the event the Borrower Company fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“Optional Redemption”"OPTIONAL AMORTIZING REDEMPTION"), in whole or in part, by paying to the Holder a sum of money equal to one hundred thirty percent (130%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “Redemption Amount”"AMORTIZING REDEMPTION AMOUNT") on the day written notice of redemption (the “Notice of Redemption”"NOTICE OF AMORTIZING REDEMPTION") is given to the Holder. The Notice of Amortizing Redemption shall specify the date for such Optional Amortizing Redemption (the “Redemption Payment Date”"AMORTIZING REDEMPTION PAYMENT DATE"), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “"REDEMPTION PERIOD"). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Redemption Period”). The Amortizing Redemption Amount shall be determined as if such Hxxxxx's conversion elections had been completed immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Samples: Secured Convertible Term Note (Centurion Gold Holdings Inc)
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“"Optional Amortizing Redemption”"), in whole or in part, by paying to the Holder a sum of money equal to one hundred fifteen percent (115%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “"Amortizing Redemption Amount”") on the day written notice of redemption (the “"Notice of Amortizing Redemption”") is given to the Holder. The Notice of Amortizing Redemption shall specify the date for such Optional Amortizing Redemption (the “"Amortizing Redemption Payment Date”"), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “"Redemption Period”"). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Redemption Period. The Amortizing Redemption Amount shall be determined as if such Holder's conversion elections had bxxx xxmpleted immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Samples: Secured Convertible Term Note (Conversion Services International Inc)
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“"Optional Amortizing Redemption”"), in whole or in part, by paying to the Holder a sum of money equal to one hundred thirty percent (130%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “"Amortizing Redemption Amount”") on the day written Amortizing Redemption Payment Date (as defined below). The Borrower shall deliver to the Holder a notice of redemption (the “Notice of Redemption”) is given to the Holder. The "Notice of Amortizing Redemption shall specify Redemption") specifying the date for such Optional Amortizing Redemption (the “"Amortizing Redemption Payment Date”"), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “"Redemption Period”"). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Redemption Period. The Amortizing Redemption Amount shall be determined as if such Holder's conversion elections had been completed immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Samples: Securities Purchase Agreement (Petrol Oil & Gas Inc)
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“"Optional Amortizing Redemption”"), in whole or in part, by paying bx xxxxng to the Holder a sum of money equal to (i) one hundred twenty five percent (125%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and (ii) any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “preceding clauses (i) and (ii), collectively, the "Amortizing Redemption Amount”") on the day written Amortizing Redemption Payment Date (as defined below). The Borrower shall deliver to the Holder a notice of redemption (the “Notice of Redemption”) is given to the Holder. The "Notice of Amortizing Redemption shall specify Redemption") specifying the date for such Optional Amortizing Redemption (the “"Amortizing Redemption Payment Date”"), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “"Redemption Period”"). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Redemption Period. The Amortizing Redemption Amount shall be determined as if such Holder's conversion elections had been completed immediately priox xx xhe date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Samples: Secured Convertible Term Note (Fast Eddie Racing Stables Inc)
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“"Optional Amortizing Redemption”"), in whole or in part, by paying to the Holder a sum of money equal to one hundred twenty five percent (125%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “"Amortizing Redemption Amount”") on the day written notice of redemption (the “"Notice of Amortizing Redemption”") is given to the Holder. The Notice of Amortizing Redemption shall specify the date for such Optional Amortizing Redemption (the “"Amortizing Redemption Payment Date”"), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “"Redemption Period”"). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Redemption Period. The Amortizing Redemption Amount shall be determined as if such Holder's conversion elections had xxxx completed immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“Optional Amortizing Redemption”), in whole or in part, by paying to the Holder a sum of money equal to one hundred one percent (101%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “Amortizing Redemption Amount”) on the day written notice of redemption (the “Notice of Amortizing Redemption”) is given to the Holder. The Notice of Amortizing Redemption shall specify the date for such Optional Amortizing Redemption (the “Amortizing Redemption Payment Date”), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “Redemption Period”). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Redemption Period. The Amortizing Redemption Amount shall be determined as if such Holder’s conversion elections had been completed immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“Optional Redemption”"OPTIONAL AMORTIZING REDEMPTION"), in whole or in part, by paying to the Holder a sum of money equal to one hundred twenty-five percent (125%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “Redemption Amount”"AMORTIZING REDEMPTION AMOUNT") on the day written notice of redemption (the “Notice of Redemption”"NOTICE OF AMORTIZING REDEMPTION") is given to the Holder. The Notice of Amortizing Redemption shall specify the date for such Optional Amortizing Redemption (the “Redemption Payment Date”"AMORTIZING REDEMPTION PAYMENT DATE"), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “"REDEMPTION PERIOD"). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Redemption Period”). The Amortizing Redemption Amount shall be determined as if such Holder's conversion elections had been completed immediately xxxxx to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Samples: Secured Convertible Term Note (Front Porch Digital Inc)
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“Optional Amortizing Redemption”), in whole or in part, by paying to the Holder a sum of money equal to one hundred twenty five percent (125%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “Amortizing Redemption Amount”) on the day written notice of redemption (the “Notice of Amortizing Redemption”) is given to the Holder. The Notice of Amortizing Redemption shall specify the date for such Optional Amortizing Redemption (the “Amortizing Redemption Payment Date”), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “Redemption Period”). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Redemption Period. The Amortizing Redemption Amount shall be determined as if such Xxxxxx’s conversion elections had been completed immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Samples: Secured Convertible Term Note (Coach Industries Group Inc)
Optional Redemption of Amortizing Principal Amount. The Borrower will have the option of prepaying the outstanding Amortizing Principal Amount (“Optional Redemption”"OPTIONAL AMORTIZING REDEMPTION"), in whole or in part, by paying to the Holder a sum of money equal to one hundred twenty percent (120%) of the Applicable Amortizing Principal Amount (as defined below) to be redeemed, together with accrued but unpaid interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Purchase Agreement or any other Related Agreement (the “Redemption Amount”"AMORTIZING REDEMPTION AMOUNT") on the day written notice of redemption (the “Notice of Redemption”"NOTICE OF AMORTIZING REDEMPTION") is given to the Holder. The Notice of Amortizing Redemption shall specify the date for such Optional Amortizing Redemption (the “Redemption Payment Date”"AMORTIZING REDEMPTION PAYMENT DATE"), which date shall be not less than seven (7) business days after the date of the Notice of Amortizing Redemption (the “"REDEMPTION PERIOD"). A Notice of Amortizing Redemption shall not be effective with respect to any portion of the Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Redemption Period”). The Amortizing Redemption Amount shall be determined as if such Hxxxxx's conversion elections had been completed immediately prior to the date of the Notice of Amortizing Redemption. On the Amortizing Redemption Payment Date, the Amortizing Redemption Amount shall be paid in good funds to the Holder. In the event the Borrower fails to pay the Amortizing Redemption Amount on the Amortizing Redemption Payment Date as set forth herein, then such Notice of Amortizing Redemption will be null and void. For the purposes of this Section 1.6, the “Applicable Principal Amount” shall mean the outstanding Principal Amount to be repaid (to a maximum of 40% of the original Principal Amount when aggregated with all optional prepayments of outstanding Principal Amount made in accordance with this provision from time to time during the term of this Note) and 105% of the outstanding Principal Amount to be repaid in accordance with this provision in excess of 40% of the original Principal Amount. In the event of an optional prepayment made in accordance with this provision, the Borrower shall be entitled to require all or any portion of the Principal Amount repaid (but not any premium forming part of the Applicable Principal Amount) to be applied in satisfaction of all or any portion of one or more monthly amortization payments required to be made in accordance with Section 1.4 of this Note.
Appears in 1 contract
Samples: Secured Convertible Term Note (Catalyst Lighting Group Inc)