Possible Future Notes Sample Clauses

Possible Future Notes. If the Company's revenues, expenses, cash flow and other material financial projections for the year ending December 31, 1998 are within ten percent of the revenues, etc. projected in the projected budget provided to and accepted in writing by the Purchasers prior to the date hereof, and if in the Purchasers' judgment neither the Company nor any --- Subsidiary, if any, has experienced or is likely to experience an event materially adverse to the profits, revenues, prospects, operations or condition of the Company or such Subsidiary, and if the Purchasers are otherwise satisfied --- with the adequacy of the Collateral, and if no Default or Event of Default then exists hereunder or under the --- Warrants or the Security Agreement, and if the representations and warranties --- made by the Company herein are true and correct on and as of December 31, 1998 and on and as of each day thereafter until the completion of the new purchase referred to below, and if the Company has not yet completed an Initial Public --- Offering, and if the Company has not exercised or expressed its intention to --- exercise its redemption and repurchase right under Section 1.4 hereof, then, if and only if the Company so chooses, the Purchasers will purchase from the Company (assuming all the conditions of this Section 9.13 are satisfied), and the Company will sell to the Purchasers as soon as reasonably practicable after the later of April 28, 1999 or the date the Purchasers receive the Company's audited financial statements for the year ended December 31, 1998, and using documents substantially similar to those used in these transactions, up to an additional $8 million in aggregate principal amount of new Notes; provided such -------- new Notes will in all respects (except for the accrual and payment of interest between April 28, 1998 and the actual date of their issuance, which accrual and payment shall be suspended through the date of such issuance) be treated as if they had been issued on April 28, 1998. For example, on the 12 month anniversary of the Closing Date, such new Notes would experience a 200 basis point increase in the Base Interest Rate. Additional Warrants to purchase 148,276 additional Preferred Shares (as the same may be adjusted from the date hereof under the terms of the Warrants) shall be issued in respect of such new Notes, such Warrants to be dated the Closing Date. Should any dispute arise as to the meaning, intention or interpretation of any term or provisio...