Payment of the Notes. Not later than 10:00 a.m. (New York City time) on each due date of the principal of, premium, if any, and interest on any Notes, the Company shall deposit with the Paying Agent money in immediately available funds sufficient to pay such principal, redemption payments, premium, if any, and interest so becoming due. All the payments must be in U.S. Dollars.
Payment of the Notes. (a) The principal of, premium, if any, and interest on the Notes shall be payable at the principal office of the Indenture Trustee, or such other office of the Indenture Trustee as the Indenture Trustee may specify in writing to the holders of the Notes, in lawful money of the United States of America. Payment of principal, premium, if any, and interest on the Notes shall be made only upon presentation of such Notes to the Indenture Trustee for notation thereon of the amount of such payment. Any payment or prepayment of amounts due on the Notes in accordance with the terms thereof and hereof which is due on a date which is not a Business Day shall be payable on the next following Business Day without penalty or interest.
(b) Notwithstanding the provisions of the preceding paragraph (a), if any Note is held by an Institutional Holder or its nominee and if such Institutional Holder shall furnish written notice to the Indenture Trustee requesting that the provisions of this Section 2.3(b) apply (and Section 6 of the Note Purchase Agreement shall constitute such written request in the case of the original Note Purchaser), the Indenture Trustee will cause all payments and prepayments of the principal of, and interest and premium, if any, on the Notes held by such Institutional Holder or its nominee to be made when due without surrender or presentation of such Note and without any notation of such payment or prepayment being made thereon, either (i) directly to such Holder by check, duly mailed, by first-class mail, postage prepaid, at its address appearing on the Note Register (defined in Section 2.4) or (ii) if a bank account in any bank in the continental United States shall be specified in such notice and if such notice shall have been given at least 15 days prior to the payment or prepayment date, by wire transfer of immediately available Federal Reserve funds to such bank account, on each such date such payment or prepayment is due, provided that such bank has facilities for the receipt of a wire transfer. The Indenture Trustee will deliver instructions for any such wire transfer from its office not later than 12:00 noon, Hartford, Connecticut time on each SUCH DATE payment or prepayment is due provided that no later than 10:00 a.m., Hartford, Connecticut time on the date such payment or prepayment is due either (i) the Issuer has deposited sufficient funds with the Indenture Trustee, or (ii) the Indenture Trustee has received the Issuer's check in clearin...
Payment of the Notes. Each Underwriter, severally and not jointly, agrees to purchase at a price equal to [ ]% of the aggregate principal amount of the Notes, plus accrued interest, if any, from [ ], [ ] to the Closing Date (the aggregate amount of the purchase price paid by the Underwriters being the “Purchase Price”), subject to the adjustments referred to in Section 9(c), the principal amount of the Notes set forth opposite its name on Schedule II, as such amount may be adjusted pursuant to Section 11.
Payment of the Notes. Borrower shall punctually pay, or cause to be paid, the principal, interest and all other sums to become due in respect of the Notes and the other Loan Documents in accordance with the Notes and the other Loan Documents.
Payment of the Notes. (a) The Company shall promptly make all payments on the Notes on the dates, in the manner and as otherwise required under the Notes or this Indenture. If the Company is required to pay any amounts of cash to the Trustee, the Paying Agent or the Conversion Agent, such amounts of cash shall be deposited by the Company with the Trustee, the Paying Agent or the Conversion Agent by 11:00 a.m., New York City time, on the required date. Interest on Certificated Notes shall be payable either, at the Company’s option, (i) by check mailed to such Holder at its address as it appears in the Register or (ii) by wire transfer in immediately available funds to such Holder’s account designated to the Paying Agent by such Holder. The Company shall make, or cause the Paying Agent to make, all payments of principal and interest on Global Notes in immediately available funds to the Depositary or its nominee, in accordance with Applicable Procedures.
(b) The Company shall make any required interest payments, if any, to the Person in whose name each Note is registered at the Close of Business on the Record Date for such interest payment. The principal, accrued and unpaid interest, if any, or payment of the Fundamental Change Purchase Price shall be considered paid on the applicable date due if on such date the Trustee or the Paying Agent holds, in accordance with this Indenture, cash sufficient to pay all such amounts then due. 000-0000-0000/13/AMERICAS
Payment of the Notes. Subject to the requirements of Article VIII below, interest on the unpaid principal balance of the Notes shall be payable on each Interest Payment Date and on the Termination Date. Subject to the requirements of Article VIII below, the outstanding principal due under the Notes shall be due and payable on the Termination Date.
Payment of the Notes. The Borrower shall promptly pay the principal and interest on the Notes when due and punctually perform and observe all of the covenants, agreements and provisions contained herein, in the Notes and in any other instrument given as security for the Notes.
Payment of the Notes. The Units, Notes, Warrants, and the common stock (including the common stock which may be issued in payment of interest due under the Notes and into which the Notes may be converted or issuable upon exercise of the Warrants) are and will be “restricted securities.” As restricted securities they may be sold only upon registration under the Securities Act and applicable state securities laws, or upon reliance on an exemption from the registration requirements. Offerees should consider purchasing the Units only as a long-term investment. Offerees may not be able to promptly liquidate their investment at a reasonable price, or for any price, in the event of a personal financial emergency or otherwise. We may not be able to obtain the significant financing that we need to continue to operate and any additional financing may be on terms adverse to your interests. The Units are being sold on a “best efforts” basis and no assurance can be given that all of the Units being offered will be sold. We are continuing to seek other financing initiatives to meet our working capital needs. Our operating plan seeks to minimize our capital requirements, but further commercialization of our products will require additional capital. We expect that product development and operating and production expenses will increase significantly as we continue to develop, produce and sell products. No assurance can be given that we will be successful in completing this Offering or any other financings at the minimum level necessary to fund our capital requirements, current operations or at all. If we are unsuccessful in completing these financings at such minimum level, we will not be able to fund our capital requirements or current expenses. If we are unsuccessful in completing these financings at or near the maximum level or an additional financing, we will not be able to pursue our business strategy. Additional financing may not be available on terms favorable to us or at all. We estimate that we will need approximately $3.4 million to continue to operate over the next 12 months in order to implement our business plan in addition to the remaining proceeds provided from privately placed bridge loans of $2.2 million that closed from April 2006 to June 27, 2007. These remaining bridge loan proceeds may not be sufficient to meet our needs until the standby equity distribution agreement described below is available for us to draw on. Our long-term financing needs are expected to be provided f...
Payment of the Notes. Mortgagor shall duly and punctually pay or cause to be paid, the principal of and the interest and premium, if any, on the Note in accordance with the respective terms hereof and thereof, without demand therefor or presentation of the Note, in lawful money of the United States of America.
Payment of the Notes. 35 Section 9.01 Repayment..................................................35 Section 9.02 Interest...................................................35 Section 9.03
