Ownership of the Note. The Holder is the legal and beneficial owner of the Note. The Holder paid for the Note, and has continuously held the Note since its issuance or purchase. The Holder, individually or through an affiliate, owns the Note outright and free and clear of any options, contracts, agreements, liens, security interests, or other encumbrances.
Ownership of the Note. The person in whose name the Note is registered shall be deemed and regarded as the absolute owner thereof for all purposes and payment of or on account of the Note shall be made only to the registered owner thereof or such owner’s legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon the Note, and interest thereon, to the extent of the sum or sums so paid.
Ownership of the Note. AltCorp owns and holds, beneficially and of record, the entire right, title, and interest in and to the Note free and clear of all rights and liens (other than pledges or security interests (i) arising by operation of applicable securities laws and (ii) that AltCorp may have created in favor of a prime broker under and in accordance with its prime brokerage agreement with such broker). AltCorp has full power and authority to transfer and dispose of the Note to the Company and assign the Shares to the Investor free and clear of any right or lien. Other than the transactions contemplated by this Agreement, there is no outstanding, plan, pending proposal, or other right of any person or entity to acquire all or any part of the Note or any shares of Common Stock issuable upon the exchange or conversion thereof, other than to the Investor.
Ownership of the Note. The Investor owns and holds, beneficially and of record, the entire right, title, and interest in and to the Note free and clear of all rights and liens (other than pledges or security interests (i) arising by operation of applicable securities laws and (ii) that the Investor may have created in favor of a prime broker under and in accordance with its prime brokerage agreement with such broker). The Investor has full power and authority to transfer and dispose of the Note to the Company free and clear of any right or lien. Other than the transactions contemplated by this Agreement, there is no outstanding, plan, pending proposal, or other right of any person or entity to acquire all or any part of the Note or any shares of Common Stock issuable upon the exchange or conversion thereof, other than Gxxx Eagles Acquisition LP.
Ownership of the Note. That Sunyich is the owner of good and marketable title to the Note and the same is free and clear of all liens, debts, security interests, adverse claims or obligations, except as otherwise disclosed.
Ownership of the Note. The Seller owns the Note beneficially and of record, free and clear of any liens, pledges, options, security interests, claims, third party rights, charges or any other restrictions or encumbrances of any nature whatsoever (collectively, "Encumbrances"), other than restrictions upon transferability of the Note arising under the Act or state securities laws. There are no agreements (i) granting any option, warrant or right of first refusal with respect to the Note to any Person, (ii) restricting the right of the Seller to sell the Note to the Purchaser, (iii) restricting the Seller's right to convert the Note in accordance with its terms or (iv) restricting any other right of the Seller with respect to the Note. Subject to compliance with the requirements of the Act and the terms of the Note, the Seller has the absolute and unrestricted right, power and capacity to sell, assign and transfer the Note to the Purchaser free and clear of any Encumbrances (except for Encumbrances arising under applicable federal and state securities laws). Upon delivery to the Purchaser of the Note in exchange for the Purchase Price, the Purchaser will acquire good, valid and marketable title to the Note, free and clear of any Encumbrances other than Encumbrances created by the Purchaser and other than restrictions upon transferability of the Note by the Purchaser arising under the Act or state securities laws.
Ownership of the Note. The Note is owned of record and beneficially by the Holder, and is free and clear of all liens, security interests, encumbrances, restrictions, pledges and claims of every kind.
Ownership of the Note. (a) Unless otherwise required by law, the person in whose name any registered Note is registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on the Note and interest thereon shall be made to such registered holder.
(b) Neither the Corporation nor the Note Trustee shall have any liability for:
(i) any aspect of the records relating to the beneficial ownership of the Note held by a Depository or of the payments relating thereto; or
(ii) maintaining, supervising or reviewing any such records relating to the Note.
(c) The registered holder for the time being of any registered Note shall be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of compensation or counterclaim between the Corporation and the original or any intermediate holder thereof and all persons may act accordingly and the payment to any such registered holder for any such principal, premium or interest shall be a good discharge to the Corporation and/or the Note Trustee for the same and neither the Corporation nor the Note Trustee shall be bound to inquire into the title of any such registered holder.
(d) Where the Note is registered in more than one name, the principal, premium, if any, and interest from time to time payable in respect thereof may be paid to the order of all or any of such holders, failing written instructions from them to the contrary, and the payment to any one of such holders therefore shall be a valid discharge, to the Note Trustee, any registrar and to the Corporation.
(e) In the case of the death of one or more joint holders of the Note the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the registered holders and the payment to any such registered holder shall be a valid discharge to the Note Trustee and any registrar and to the Corporation.
Ownership of the Note. The Investor owns and holds, beneficially and of record, the entire right, title, and interest in and to the Note free and clear of all rights and liens (other than pledges or security interests (i) arising by operation of applicable securities laws and (ii) that the Investor may have created in favor of a prime broker under and in accordance with its prime brokerage agreement with such broker). The Investor has full power and authority to transfer and dispose of the Note to the Company free and clear of any right or lien. Other than the transactions contemplated by this Agreement and the New Note, there is no outstanding, plan, pending proposal, or other right of any person or entity to acquire all or any part of the Note or any shares of Common Stock issuable upon the delivery of a Conversion Notice (as such term is defined in the New Note) and corresponding deduction of the face amount of the New Note.
Ownership of the Note. The Holder is the beneficial owner of the Note, free and clear of all liens (other than obligations pursuant to this Agreement).
