Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereof, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence of any Event of Default, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 10 contracts
Samples: Exchange Agreement (Electronic Cigarettes International Group, Ltd.), Electronic Cigarettes International Group, Ltd., Electronic Cigarettes International Group, Ltd.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount Principal Amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 8 contracts
Samples: Second Note Amendment Agreement (Magnolia Solar Corp), Second Note Amendment Agreement (Magnolia Solar Corp), Second Note Amendment Agreement (Magnolia Solar Corp)
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Provided, however, if the occurrence of any Event of DefaultDefault originally occurs at such time as the Company’s Common Stock is listed on a national securities exchange, the interest rate on this Note Mandatory Default Amount shall accrue at an additional interest rate equal be reduced to the lesser of 2% per month (24% per annum) or the maximum rate permitted under applicable law100%. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b7(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 7 contracts
Samples: Adhera Therapeutics, Inc., Adhera Therapeutics, Inc., Adhera Therapeutics, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this Note, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s election, immediately due and payable in cash at cash. The aggregate amount payable upon an Event of Default shall be equal to the Mandatory Default Prepayment Amount. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest the rate equal to the lesser of 2% per month (2418% per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable law. Upon All Notes for which the payment full Mandatory Prepayment Amount hereunder shall have been paid in full of the Mandatory Default Amount, the Holder accordance herewith shall promptly surrender this Note be surrendered to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a Note holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 6 contracts
Samples: Knobias, Inc., Vistula Communications Services, Inc., Shea Development Corp.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this Note, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s election, immediately due and payable in cash at cash. The aggregate amount payable upon an Event of Default shall be equal to the Mandatory Default Prepayment Amount. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest the rate equal to the lesser of 2% per month (2420% per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable law. Upon All Notes for which the payment full Mandatory Prepayment Amount hereunder shall have been paid in full of the Mandatory Default Amount, the Holder accordance herewith shall promptly surrender this Note be surrendered to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a Note holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 4 contracts
Samples: U.S. Aerospace, Inc., U.S. Aerospace, Inc., U.S. Aerospace, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing five (5) days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon. Without limiting the foregoing, during the continuance of an Event of Default, a Holder may convert this Note at a Conversion Price equal to 75% of the lowest VWAP of the Common Stock from the time of the occurrence of an Event of Default until such Event of Default is cured.
Appears in 4 contracts
Samples: ShiftPixy, Inc., ShiftPixy, Inc., ShiftPixy, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence of any Event of Default, the interest rate on this Note Debenture shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note Debenture to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note Debenture until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 4 contracts
Samples: Visualant Inc, Visualant Inc, Visualant Inc
Remedies Upon Event of Default. If any Event of Default or occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing on the Maturity Date and also five (5) days after the occurrence of any Event of Default, the Default interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the CompanyBxxxxxxx. In connection with such acceleration described herein, the Holder need not provide, and the Company Borrower hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b7(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 4 contracts
Samples: Greater Cannabis Company, Inc., Greater Cannabis Company, Inc., Greater Cannabis Company, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages interest and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amountcash. After Commencing five days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, the interest rate on this Note Debenture shall accrue at an additional interest rate equal to the lesser smaller of 212% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note Debenture to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note Debenture until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 3 contracts
Samples: CrowdGather, Inc., CrowdGather, Inc., CrowdGather, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue interest at an additional interest rate equal to the lesser of 21.5 % per month (2418% per annum) or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 3 contracts
Samples: DSG Global Inc., DSG Global Inc., DSG Global Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amountcash. After Commencing five days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, the interest rate on this Note Debenture shall accrue at an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amountfull, the Holder shall promptly surrender this Note Debenture to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note Debenture until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 3 contracts
Samples: Hague Corp., Hague Corp., Hague Corp.
Remedies Upon Event of Default. If any Event of Default occursshall have occurred, then all or any portion of at the Holder’s election, (i) the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, become immediately due and payable in cash at the Mandatory Default Amount. After Amount or (ii) commencing 15 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 28% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4payment. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 3 contracts
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default AmountNote, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 3 contracts
Samples: Mitesco, Inc., Mitesco, Inc., Mitesco, Inc.
Remedies Upon Event of Default. If any an Event of Default occursarising under Section 8(a)(v) above shall have occurred, then all or any portion of (i) the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, become immediately due and payable in cash at the Mandatory Default Amount. After Amount and (ii) automatically upon the occurrence of an Event of Default, and commencing one (1) day after the occurrence of any Event of Default, regardless of when such Event of Default becomes known to the Holder, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(c), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon. In the event of such rescission, interest at the default rate of 18% shall continue to accrue until such time as the Event of Default has been cured or waived, and such default interest has been paid in full.
Appears in 3 contracts
Samples: Registration Rights Agreement (GeoPharma, Inc.), Registration Rights Agreement (GeoPharma, Inc.), Registration Rights Agreement (GeoPharma, Inc.)
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of and upon the date specified by Purchaser in a written notice to be delivered to the Company at Purchaser’s discretion, the outstanding principal amount of this Note, plus accrued but unpaid interestInterest through acceleration, plus liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Additionally, Purchaser may pursue the occurrence of any Event of Default, rights and remedies provided to Purchaser under the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) or the maximum rate permitted under applicable lawSecurity Agreement. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 3 contracts
Samples: Psyence Biomedical Ltd., Psyence Biomedical Ltd., Psyence Biomedical Ltd.
Remedies Upon Event of Default. If any Event of Default occursoccurs and is continuing, then all or any portion of at the Holder’s election, the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, become immediately due and payable in cash at the Mandatory Default Amountpayable. After the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note and while it is continuing, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 2% (i) five percent (5%) per month annum in excess of the rate otherwise applicable hereto and (24% per annumii) or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Companylaw (with a credit for any “unused” guaranteed interest). In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by the Holder at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 3 contracts
Samples: Ayala Pharmaceuticals, Inc., Ayala Pharmaceuticals, Inc., Ayala Pharmaceuticals, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing on the Maturity Date and also five (5) days after the occurrence of any Event of Default, the Default interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the CompanyXxxxxxxx. In connection with such acceleration described herein, the Holder need not provide, and the Company Borrower hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 3 contracts
Samples: Andalay Solar, Inc., Andalay Solar, Inc., Westinghouse Solar, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interestDebenture, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, the interest rate on this Note Debenture shall accrue at bear an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note Debenture to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note Debenture until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 3 contracts
Samples: Fourth Wave Energy, Inc., Inspyr Therapeutics, Inc., Inspyr Therapeutics, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After : commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, the an interest rate on this Note Debenture shall accrue at an additional interest a rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note Debenture to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note Debenture until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 3 contracts
Samples: CollPlant Holdings Ltd., CollPlant Holdings Ltd., CollPlant Holdings Ltd.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence and during the continuance of any Event of Default, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 3 contracts
Samples: Cdex Inc, International Stem Cell CORP, Axis Technologies Group Inc
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default AmountNote, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 3 contracts
Samples: Mitesco, Inc., Mitesco, Inc., Mitesco, Inc.
Remedies Upon Event of Default. If any Event of Default occurshas occurred and is continuing, then all or any portion of the outstanding principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s Majority Holders’ election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing 5 calendar days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, interest on the interest rate on this Note Mandatory Default Amount shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) or the maximum rate permitted under applicable lawDefault Rate. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note Debenture to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder Hxxxxx shall have all rights as a holder of the Note Debenture until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 3 contracts
Samples: Discovery Energy Corp., Discovery Energy Corp., Discovery Energy Corp.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interestDebenture, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, the interest rate on this Note Debenture shall accrue at bear an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note Debenture to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note Debenture until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 3 contracts
Samples: Inspyr Therapeutics, Inc., Inspyr Therapeutics, Inc., Inspyr Therapeutics, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence and during the continuance of any Event of Default, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b5(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Green Ballast, Inc., Green Ballast, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amountcash. After Commencing upon the occurrence of any Event of Default, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 2% per month (2415% per annum) or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amountprincipal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereof, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b7(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon. If any amounts under this Note remain unpaid after the date that is nine (9) months after the Original Issue Date, the Company shall, in addition to any and all other remedies available, make monthly payments of 5% of its gross revenue for the previous month until this Note is paid in full.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Adven Inc.), Securities Purchase Agreement (Adven Inc.)
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amountcash. After the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) or the maximum rate permitted under applicable law. Upon the payment in full of all amounts due to the Mandatory Default AmountHolder following an Event of Default, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: NXT-Id, Inc., xG TECHNOLOGY, INC.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence and during the continuance of any Event of Default, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 220% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by the Holder at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Fourth Extension and Amendment Agreement, Fourth Extension and Amendment Agreement (Envision Solar International, Inc.)
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amountcash. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, the interest rate on this Note Debenture shall accrue at an additional interest the rate equal to the lesser of 2% per month (2418% per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable law. Upon All Debentures for which the payment full amount hereunder shall have been paid in full of the Mandatory Default Amount, the Holder accordance herewith shall promptly surrender this Note be surrendered to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a Debenture holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Brillian Corp, Brillian Corp
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing on the Maturity Date and also five (5) days after the occurrence of any Event of Default, the Default interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the CompanyXxxxxxxx. In connection with such acceleration described herein, the Holder need not provide, and the Company Borrower hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amountcash. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, the interest rate on this Note Debenture shall accrue at an additional interest the rate equal to the lesser of 2% per month (2418% per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable lawlaw or regulation. Upon All Debentures for which the payment full principal amount hereunder shall have been paid in full of the Mandatory Default Amount, the Holder accordance herewith shall promptly surrender this Note be surrendered to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a Debenture holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s 's election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence of any Event of Default, the interest rate on this Note Debenture shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note Debenture to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note Debenture until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Debt Purchase Agreement (Titan Iron Ore Corp.), Debt Purchase Agreement (Titan Iron Ore Corp.)
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s 's election, immediately due and payable in cash at the Mandatory Default Amountcash. After Commencing 30 days after the occurrence of any Event of Default, the interest rate on this Note shall Debenture shall, while such Event of Default is continuing, accrue at an additional interest the rate equal to the lesser of 2% per month (2418% per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable law. Upon All Debentures for which the payment full principal amount hereunder shall have been paid in full of the Mandatory Default Amount, the Holder accordance herewith shall promptly surrender this Note be surrendered to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have xxxx all rights as a Debenture holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Rapid Link Inc, Rapid Link Inc
Remedies Upon Event of Default. If any Event of Default occursoccurs and is continuing, then all or any portion of the outstanding full principal amount of this Note, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amountcash. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest the rate equal to the lesser of 2% per month (2410% per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable law. Upon the payment When this Note shall have been paid in full of the Mandatory Default Amountin accordance herewith, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a Note holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Cyberdefender Corp, Cyberdefender Corp
Remedies Upon Event of Default. If any Event of Default occurshas occurred and is continuing, then all or any portion of the outstanding principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s Majority Holders’ election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing 5 calendar days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, interest on the interest rate on this Note Mandatory Default Amount shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) or the maximum rate permitted under applicable lawDefault Rate. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note Debenture to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note Debenture until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Discovery Energy Corp.), Securities Purchase Agreement (Discovery Energy Corp.)
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this Note, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s 's election, immediately due and payable in cash at cash. The aggregate amount payable upon an Event of Default shall be equal to the Mandatory Default Prepayment Amount. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest the rate equal to the lesser of 2% per month (2418% per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable law. Upon All Notes for which the payment full Mandatory Prepayment Amount hereunder shall have been paid in full of the Mandatory Default Amount, the Holder accordance herewith shall promptly surrender this Note be surrendered to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have xxxx all rights as a Note holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Liska Biometry Inc, Liska Biometry Inc
Remedies Upon Event of Default. If any Event of Default occursoccurs and is continuing before the Maturity Date, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interestliquidated damages, liquidated damages interest and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amountcash. After Commencing five (5) Trading Days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 215% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amountfull, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b5(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Summit Semiconductor Inc., Summit Semiconductor Inc.
Remedies Upon Event of Default. If any Event of Default occursoccurs before the Maturity Date, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interestliquidated damages, liquidated damages interest and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amountcash. After Commencing five (5) days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amountfull, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b5(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Cell Source, Inc., Cell Source, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, any Late Fees and liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s electionelection of Holders of fifty-one percent (51%) of the outstanding aggregate principal amount of Notes, immediately due and payable in cash at the Mandatory Default Amount. After Such amounts shall become immediately due and payable in cash at the Mandatory Default Amount at the election of the Holder. Commencing 5 days after the occurrence of and during the continuance of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue interest at an additional interest a rate equal to the lesser of 212% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the CompanyCorporation. In connection with such acceleration described herein, the Holder need not provide, and the Company Corporation hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder at any time prior to payment hereunder and the election of Holders of fifty-one percent (51%) of the outstanding aggregate principal amount of Notes. The Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(c), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Share Exchange Agreement (DPW Holdings, Inc.), Share Exchange Agreement (Avalanche International, Corp.)
Remedies Upon Event of Default. If Subject to the Beneficial Ownership Limitation as set forth in Section 4(f), if any Event of Default occurs, then all or any portion of the outstanding principal amount Principal Amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable at the Holder’s option, in cash or in shares of Common Stock (subject to the Equity Conditions), at the Mandatory Default Amount. After the occurrence of any Event of Default, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default AmountAmount in cash or in shares of Common, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kindkind (other than the Holder’s election to declare such acceleration), and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the this Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Data443 Risk Mitigation, Inc., Data443 Risk Mitigation, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at (the Mandatory “Default Amount”). After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 210% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b7(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Samples: Elio Motors, Inc., Elio Motors, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this Note, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s 's election, immediately due and payable in cash at cash. The aggregate amount payable upon an Event of Default shall be equal to the Mandatory Default Prepayment Amount. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest the rate equal to the lesser of 2% per month (2420% per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable law. Upon All Notes for which the payment full Mandatory Prepayment Amount hereunder shall have been paid in full of the Mandatory Default Amount, the Holder accordance herewith shall promptly surrender this Note be surrendered to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have shxxx xxve all rights as a Note holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing on the Maturity Date and after the occurrence of any Event of Default, the Default interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 215% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the CompanyXxxxxxxx. In connection with such acceleration described herein, the Holder need not provide, and the Company Borrower hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 2 contracts
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue interest at an additional interest rate equal to the lesser of 2% per month (24% per annum) or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: MassRoots, Inc.
Remedies Upon Event of Default. (i) If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, Note plus accrued but unpaid interest, liquidated damages and other any amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amountcash. After Commencing five days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 212% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default AmountCompany’s obligations under this Note, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b4(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: PreCheck Health Services, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s 's election, immediately due and payable in cash at cash. The aggregate amount payable upon an Event of Default shall be equal to the Mandatory Default Amount. After Upon the occurrence and during the continuation of any an Event of Default, the interest rate on of this Note Debenture shall accrue at an additional interest rate equal be increased to the lesser of 2% per month (2418% per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable law. Upon the payment in full of the Mandatory Default Amount, Amount on this entire Debenture the Holder shall promptly surrender this Note Debenture to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a Debenture holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Intraop Medical Corp
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing on the Maturity Date and after the occurrence of any Event of Default, the Default interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the CompanyXxxxxxxx. In connection with such acceleration described herein, the Holder need not provide, and the Company Borrower hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Securities Purchase Agreement (Andalay Solar, Inc.)
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing on the Maturity Date and also five (5) days after the occurrence of any Event of Default, the Default interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 216% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the CompanyBxxxxxxx. In connection with such acceleration described herein, the Holder need not provide, and the Company Borrower hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Vuzix Corp
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence and during the continuance of any Event of Default, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b7(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Green Ballast, Inc.
Remedies Upon Event of Default. If Upon any Event of Default occursDefault, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages Note and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing on the Maturity Date and also five (5) days after the occurrence of any Event of Default, the Default interest rate on this Note shall accrue in addition to the ten percent (10%) per annum at an additional interest rate equal to the lesser of 2% five percent (5%) per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the CompanyXxxxxxxx. In connection with such acceleration described herein, the Holder need not provide, and the Company Borrower hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Stronghold Digital Mining, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amountcash. After the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) or the maximum rate permitted under applicable law. Upon the payment in full of all amounts due to the Mandatory Default AmountHolder following an Event of Default, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon. Nothing in this Section 6(b) shall prevent the Holder and the Company from mutually agreeing on other remedy in an Event of Default.
Appears in 1 contract
Samples: xG TECHNOLOGY, INC.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereof, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence of any Event of Default, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Nac Global Technologies, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, Note plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence of any Event of Default, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Sionix Corp
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing upon the occurrence of any Event of Default, Default the interest rate on this Note Debenture shall accrue at an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note Debenture to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note Debenture until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Teton Energy Corp
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s 's election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue interest at an additional interest rate equal to the lesser of 21.5 % per month (2418% per annum) or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Avant Diagnostics, Inc
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence of any Event of Default, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 220% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Rimrock Gold Corp.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue interest at an additional interest rate equal to the lesser of 2% per month (24% per annum) or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: MassRoots, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Impact Note, plus accrued but unpaid interest, liquidated damages interest and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing 30 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Impact Note, the interest rate on this Impact Note shall accrue at an additional interest rate equal to the lesser of 210% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Impact Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Impact Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4Section. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: uploads-ssl.webflow.com
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interestDebenture, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, the interest rate on this Note Debenture shall accrue at an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note Debenture to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note Debenture until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: NovaBay Pharmaceuticals, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s 's election, immediately due and payable in cash cash, provided such Event of Default has not been cured at the time of Holder's election. The aggregate amount payable upon an Event xx Xxfault shall be equal to the Mandatory Default Prepayment Amount. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, the interest rate on this Note Debenture shall accrue at an additional the Late Fee rate, or such lower maximum amount of interest rate equal permitted to the lesser of 2% per month (24% per annum) or the maximum rate permitted be charged under applicable law. Upon All Debentures for which the payment full Mandatory Prepayment Amount hereunder shall have been paid in full of the Mandatory Default Amount, the Holder accordance herewith shall promptly surrender this Note be surrendered to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall sxxxx have all rights as a Debenture holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Access Integrated Technologies Inc
Remedies Upon Event of Default. If any Event of Default occursoccurs prior to the Maturity Date, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages interest and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amountcash. After Commencing five (5) days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amountfull, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b4(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Green Dragon Wood Products, Inc.)
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion and the Company fails to cure the Event of Default within Fifteen (15) days post notice being provided by the Holder to the Company of the occurrence of an Event of Default pursuant to Section 5.4 of the Purchase Agreement, the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages interest and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing 30 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 216% per month (24% per annum) annum or the maximum rate permitted under applicable lawlaw if lower. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4Section. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: American Resources Corp
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this Note, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s election, immediately due and payable in cash at cash. The aggregate amount payable upon an Event of Default shall be equal to the Mandatory Default Prepayment Amount. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest the rate equal to the lesser of 2% per month (2420% per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable law. Upon All Notes for which the payment full Mandatory Prepayment Amount hereunder shall have been paid in full of the Mandatory Default Amount, the Holder accordance herewith shall promptly surrender this Note be surrendered to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a Note holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon. Section 10.
Appears in 1 contract
Samples: Airguide, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Promissory Note, plus any accrued but and unpaid interest, liquidated damages interest thereon and all other amounts owing in respect thereof, shall become, at the Holder’s election, become immediately due and payable in cash at the Mandatory Default Amount. After the occurrence of any Event of Default, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Companypayable. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have all rights as a holder of the this Promissory Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b5(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon. Without limitation to the foregoing, if the Event of Default shall be a failure of the Company to repay this Promissory Note in full on the scheduled Maturity Date, then following such Event of Default, the Company shall not, without the prior written consent of the Holder, voluntarily surrender any material portion of the FCC wireless licenses it then holds to the FCC.
Appears in 1 contract
Samples: Security Agreement (Straight Path Communications Inc.)
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this Note, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s election, immediately due and payable in cash at (except with respect to an Event of Default described in Section 8(a)(v), in which case the full principal amount, together with interest and other amounts owing in respect thereof shall automatically become due and payable immediately). The aggregate amount payable upon an Event of Default shall be equal to the Mandatory Default Prepayment Amount. After Commencing 5 Business Days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest the rate equal to the lesser of 2% per month (2420% per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable law. Upon All Notes for which the required payment hereunder shall have been paid in full of the Mandatory Default Amount, the Holder accordance herewith shall promptly surrender this Note be surrendered to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a Note holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Pipeline Data Inc
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amountcash. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, the interest rate on this Note Debenture shall accrue at an additional interest the rate equal to the lesser of 2% per month (2418% per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable law. Upon the payment in full of the Mandatory Default Amount, all amounts owing under this Debenture the Holder shall promptly surrender this Note Debenture to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a Debenture holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 47(b) shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Intraop Medical Corp
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amountfull. After Commencing five (5) days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amountthis Note, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by the Holder at any time prior to payment hereunder and the Holder shall have all rights as a holder of the this Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b7(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Medovex Corp.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at (the Mandatory “Default Amount”). After Commencing 5 days after the occurrence of any Event of Default, the interest rate on this Note Debenture shall accrue at an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note Debenture to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note Debenture until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: ContraVir Pharmaceuticals, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this NoteDebenture, plus accrued but unpaid interest, the Mandatory Default Amount, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amountcash. After Upon the occurrence of any an Event of Default, the interest rate on this Note Debenture shall accrue at an additional interest rate equal to the lesser of 215% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note Debenture to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note Debenture until such time, if any, as the Holder receives full payment pursuant to this Section 6(b9(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: INVO Bioscience, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amountcash. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 212% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amountforegoing amounts, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the this Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Mela Sciences, Inc. /Ny
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this Note, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s election, immediately due and payable in cash at cash. The aggregate amount payable upon an Event of Default shall be equal to the Mandatory Default Prepayment Amount. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest the rate equal to the lesser of 2% per month (2418% per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable law. Upon All Notes for which the payment full Mandatory Prepayment Amount hereunder shall have been paid in full of the Mandatory Default Amount, the Holder accordance herewith shall promptly surrender this Note be surrendered to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a Note holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Knobias, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence of any Event of Default, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Mimvi, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereof, shall become, at the Holder’s 's election, immediately due and payable in cash at the Mandatory Default Amount. After Amount i) in cash, (ii) by conversion into shares of the occurrence Company’s common stock at the election of any Event the Holder; or (iii) by a combination of Default(i) and (ii), as set forth above at the interest rate on this Note shall accrue at an additional interest rate equal to the lesser election of 2% per month (24% per annum) or the maximum rate permitted under applicable lawHolder. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b6(c), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon. For the absence of doubt, the Company shall not have any right or obligation to prepay or redeem the Note in cash other than at the election of Xxxxxx.
Appears in 1 contract
Samples: Function(x) Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount Principal Amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing 7 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 212% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: NXT Nutritionals Holdings, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion the Holder may, with the consent of the holders of 67% of then outstanding principle amount of the Debentures, by written notice to the Company (with copy to the Agent) declare all outstanding principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereof, shall become, at thereof through the Holder’s electiondate of acceleration, immediately due and payable in cash at the Mandatory Default Amountcash. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, the interest rate on this Note Debenture shall accrue at an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note Debenture until such time, if any, as the Holder receives full payment pursuant to this Section 6(b9(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default, the Holder may exercise any other right, power or remedy granted to the Holder as set forth in the Security Agreement.
Appears in 1 contract
Samples: Security Agreement (Balqon Corp.)
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s election's election delivered at any time within 30 days of written notice by the Company or public disclosure by the Company of the occurrence of such an Event of Default, immediately due and payable in cash at cash. The aggregate amount payable upon an Event of Default shall be equal to the Mandatory Default Prepayment Amount. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, the interest rate on this Note Debenture shall accrue at an additional interest the rate equal to the lesser of 2% per month (2415% per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable law. Upon All Debentures for which the payment full Mandatory Prepayment Amount hereunder shall have been made in full of the Mandatory Default Amount, the Holder accordance herewith shall promptly surrender this Note be surrendered to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have all rights as a Debenture holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Registration Rights Agreement (Tarrant Apparel Group)
Remedies Upon Event of Default. If any Event of Default occursoccurs and is continuing before the Maturity Date, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages interest and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence of any Event of Default, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) or the maximum rate permitted under applicable lawcash. Upon the payment in full of the Mandatory Default Amountfull, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon. If this Note is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or the Holder otherwise takes action to collect amounts due under this Note or to enforce the provisions of this Note the Company shall be obligated and pay reasonable attorneys’ fees in connection with such collection, enforcement or action.
Appears in 1 contract
Samples: Hancock Jaffe Laboratories, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing on the Maturity Date and also five (5) days after the occurrence of any Event of Default, the Default interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 220% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the CompanyXxxxxxxx. In connection with such acceleration described herein, the Holder need not provide, and the Company Borrower hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: General Employment Enterprises Inc
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. At Holder’s option, it shall be entitled to be paid in cash or from time to time in common stock with the conversion price of the common stock equal to a 30% discount to the average of the three lowest closing prices of the common stock for the 20 prior trading days. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Mount TAM Biotechnologies, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amountcash. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, the interest rate on this Note Debenture while such Event of Default is continuing shall accrue at an additional interest the rate equal to the lesser of 2% per month (2418% per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable lawlaw or regulation. Upon All Debentures for which the payment full principal amount hereunder shall have been paid in full of the Mandatory Default Amount, the Holder accordance herewith shall promptly surrender this Note be surrendered to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a Debenture holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Zone Mining LTD
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages interest and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 212% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b5(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Cellectar Biosciences, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s 's election, immediately due and payable in cash at the Mandatory Default Amountcash. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, the interest rate on this Note Debenture shall accrue at an additional interest the rate equal to the lesser of 2% per month (2418% per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable law. Upon All Debentures for which the payment full principal amount hereunder shall have been paid in full of the Mandatory Default Amount, the Holder accordance herewith shall promptly surrender this Note be surrendered to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have xxxx all rights as a Debenture holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Intrac Inc
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this Note, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s election, immediately due and payable in cash at cash. The aggregate amount payable upon an Event of Default shall be equal to the Mandatory Default Amount. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest the rate equal to the lesser of 2% per month (2418% per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable law. Upon the payment in full of the Mandatory Default Amount, Amount on this entire Note the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a Note holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Omnireliant Holdings, Inc.
Remedies Upon Event of Default. If any Event of Default occursoccurs and is continuing, then all or any portion of the outstanding full principal amount of this Note, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amountcash. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the any overdue unpaid interest rate on this Note shall accrue interest at an additional interest the rate equal to the lesser of 210.5% per month (24% per annumannum in accordance with Section 2(c) hereof, or the such lower maximum rate amount of interest permitted to be charged under applicable law. Upon the payment When this Note shall have been paid in full of the Mandatory Default Amountin accordance herewith, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a Note holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Cyberdefender Corp
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence and during the continuance of any Event of Default, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Green Ballast, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages and together with other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s 's election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, the interest rate on this Note Debenture shall accrue at an additional interest the rate equal to the lesser of 2% per month (2418% per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable law. Upon the payment in full of the Mandatory Default Amount, Amount on this entire Debenture the Holder shall promptly surrender this Note Debenture to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration Event of Default may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have all rights as a Debenture holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Tidelands Oil & Gas Corp/Wa
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue interest at an additional interest rate equal to the lesser of 21.5 % per month (2418% per annum) or the maximum rate permitted under applicable lawlaw (the “Default Rate”). The Default Rate shall be computed from the occurrence of the Event of Default until the date upon which the event of default is cured. Interest calculated at the Default Rate shall be immediately added to the principal due under the Note, without any action on the part of the Holder. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Avant Diagnostics, Inc
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this Note, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s 's election, immediately due and payable in cash at cash. The aggregate amount payable upon an Event of Default shall be equal to the Mandatory Default Prepayment Amount. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest the rate equal to the lesser of 2% per month (2420% per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable law. Upon All Notes for which the payment full Mandatory Prepayment Amount hereunder shall have been paid in full of the Mandatory Default Amount, the Holder accordance herewith shall promptly surrender this Note be surrendered to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a Note holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Knobias, Inc.
Remedies Upon Event of Default. If any Event of Default occursoccurs and is continuing before the Maturity Date, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interestliquidated damages, liquidated damages interest and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amountcash. After Commencing five (5) Trading Days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 215% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amountfull, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b5(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Remedies Upon Event of Default. If any Event of Default occursexists, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s electionelection of the Majority in Interest, immediately due and payable in cash at the Mandatory Default Amount. After Commencing on the Maturity Date and also five (5) days after the occurrence of any Event of Default, the Default interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 212% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to to, or as directed by the Companyby, Xxxxxxxx. In connection with such acceleration described herein, the Holder need not provide, and the Company Borrower hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without (but subject to expiration of any grace grace, notice or cure period under Section 8(a) above) enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder with respect to itself only or the Majority in Interest with respect to the Holder and Other Holders at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: MaxQ AI Ltd.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amountcash. After Commencing five days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, the interest rate on this Note Debenture shall accrue at an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amountfull, the Holder shall promptly surrender this Note Debenture to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note Debenture until such time, if any, as the Holder receives full payment pursuant to this Section 6(b7(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.. Xxxx Xxxx Petroleum Corporation
Appears in 1 contract
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After the occurrence and during the continuance of any Event of Default, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 212% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: International Stem Cell CORP
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion (A) the Conversion Price shall be adjusted to 52% of the lowest VWAP during the 30 Trading Days prior to the Holder's Notice of Conversion, and (B) the outstanding principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s 's election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, the interest rate on this Note Debenture shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note Debenture to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have all xxxx xll rights as a holder of the Note Debenture until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Stevia Corp
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this Note, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s election, immediately due and payable in cash at cash. The aggregate amount payable upon an Event of Default shall be equal to the Mandatory Default Prepayment Amount. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest the rate equal to the lesser of 2% per month (2418% per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable law. Upon All Notes for which the payment full Mandatory Prepayment Amount hereunder shall have been paid in full of the Mandatory Default Amount, the Holder accordance herewith shall promptly surrender this Note be surrendered to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have all rights as a Note holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Loan Modification Agreement (Whispering Oaks International Inc)
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing upon the occurrence of any Event of Default, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 215% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b7(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon. If any amounts under this Note remain unpaid after the date that is 12 months after the Original Issue Date, the Company shall, in addition to any and all other remedies available, make monthly payments of 5% of its gross revenue for the previous month until this Note is paid in full.
Appears in 1 contract
Samples: Healthcare Triangle, Inc.
Remedies Upon Event of Default. If Subject to the Beneficial Ownership Limitation as set forth in Section 4(e), if any Event of Default occurs, then all or any portion of the outstanding principal amount Principal Amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable at the Holder’s option, in cash or in shares of Common Stock (subject to the Equity Conditions), at the Mandatory Default Amount. After the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) the Default Rate or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default AmountAmount in cash or in shares of Common, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kindkind (other than the Holder’s election to declare such acceleration), and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the this Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.. Crown Convertible Note 19
Appears in 1 contract
Samples: Crown Electrokinetics Corp.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount Principal Amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such timesucx xxxx, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Magnolia Solar Corp
Remedies Upon Event of Default. If any Event of Default occurshas occurred and is continuing, then all or any portion of the outstanding principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s Majority Holders’ election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing 5 calendar days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, interest on the interest rate on this Note Mandatory Default Amount shall accrue at an additional interest rate equal to the lesser of 2% per month (24% per annum) or the maximum rate permitted under applicable lawDefault Rate. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note Debenture to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by the Holder at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note Debenture until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: InspireMD, Inc.
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereofthereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash at the Mandatory Default Amount. After Commencing 5 days after the occurrence acceleration of any Event of Defaultthis Debenture, the interest rate on this Note Debenture shall accrue at an additional interest rate equal to the lesser of 218% per month (24% per annum) annum or the maximum rate permitted under applicable law. Upon the payment in full of the Mandatory Default Amount, the Holder shall promptly surrender this Note Debenture to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note Debenture until such time, if any, as the Holder receives full payment pursuant to this Section 6(b8(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: MCF Corp
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this NoteDebenture, plus accrued but unpaid interest, liquidated damages together with interest and other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s 's election, immediately due and payable in cash at cash. The aggregate amount payable upon an Event of Default shall be equal to the Mandatory Default AmountPrepayment Amount plus all other amounts, costs, expenses and liquidated damages due in respect of such Debentures. After Commencing 5 days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Debenture, the interest rate on this Note Debenture shall accrue at an additional interest the rate equal to the lesser of 2% per month eighteen percent (24% 18%) per annum) , or the such lower maximum rate amount of interest permitted to be charged under applicable law. Upon All Debentures for which the payment full Mandatory Prepayment Amount hereunder shall have been paid in full of the Mandatory Default Amount, the Holder accordance herewith shall promptly surrender this Note be surrendered to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder Xxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a Debenture holder of the Note until such time, if any, as the Holder receives full payment pursuant to under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Ramp Corp
Remedies Upon Event of Default. If any Event of Default occurs, then all or any portion of the outstanding full principal amount of this Note, plus accrued but unpaid interest, liquidated damages and together with any other amounts owing in respect thereof, to the date of acceleration shall become, at the Holder’s election, immediately due and payable in cash at cash. The aggregate amount payable upon an Event of Default shall be equal to 120% of the Mandatory Default Amountprincipal amount of the Note. After Commencing five days after the occurrence of any Event of DefaultDefault that results in the eventual acceleration of this Note, the interest rate a penalty shall accrue on this Note shall accrue at an additional interest rate equal to the lesser of 2% per month (2418% per annum) , or the such lower maximum amount of penalty rate permitted to be charged under applicable law. Upon All Notes for which the payment full Mandatory Prepayment Amount hereunder shall have been paid in full of the Mandatory Default Amount, the Holder accordance herewith shall promptly surrender this Note be surrendered to or as directed by the Company. In connection with such acceleration described herein, the The Holder need not provide, provide and the Company hereby waives, waives any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration declaration may be rescinded and annulled by Holder at any time prior to payment hereunder and the Holder shall have all rights as a Note holder of the Note until such time, if any, as the Holder receives full payment pursuant to pxxxxxx under this Section 6(b), including, without limitation, the right to convert any portion of this Note pursuant to Section 4shall have been received by it. No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Appears in 1 contract
Samples: Securities Purchase Agreement (Las Vegas Gaming Inc)