Replacement of Note. If there has been loss, theft, destruction or mutilation of the Note and (a) in the case of loss, theft or destruction, upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of the Note and of indemnity reasonably satisfactory to it, or (b) in the case of mutilation, upon surrender thereof, the Company, at its expense, will execute and deliver in lieu thereof a new Note executed in the same manner as the Note being replaced, in the same principal amount as the unpaid principal amount of the Note being replaced.
Appears in 8 contracts
Samples: Convertible Promissory Note Purchase Agreement (Nvni Group LTD), Convertible Promissory Note Purchase Agreement (SPI Energy Co., Ltd.), Convertible Promissory Note Purchase Agreement (SPI Energy Co., Ltd.)
Replacement of Note. If there has been loss, theft, destruction or mutilation of the Note purchase hereby is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (a) in the case of mutilation), or in lieu of and substitution therefor, a new Note, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction, upon receipt by . The applicant for a Note under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the Company issuance of evidence reasonably satisfactory to it of the ownership of the Note and of indemnity reasonably satisfactory to it, or (b) in the case of mutilation, upon surrender thereof, the Company, at its expense, will execute and deliver in lieu thereof a new Note executed in the same manner as the Note being replaced, in the same principal amount as the unpaid principal amount of the Note being replacedsuch replacement Note.
Appears in 5 contracts
Samples: Note Purchase Agreement (Netcapital Inc.), Note Purchase Agreement (Netcapital Inc.), Note Purchase Agreement (Amesite Operating Co)
Replacement of Note. If there has been On receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of the Note and (a) this Note, and, in the case of loss, theft or destruction, upon receipt by on delivery of an indemnity agreement reasonably satisfactory in form and substance to the Company of evidence reasonably satisfactory to it of the ownership of the Note and of indemnity reasonably satisfactory to itor, or (b) in the case of mutilation, upon on surrender thereofand cancellation of this Note, the Company, Company at its expense, will expense shall execute and deliver deliver, in lieu thereof of this Note, a new Note executed in the same manner as the Note being replaced, in the same principal amount as the unpaid principal amount note of the Note being replacedlike tenor and amount.
Appears in 2 contracts
Samples: Convertible Note Agreement (Partsbase Com Inc), Convertible Note (Eautoclaims Com Inc)
Replacement of Note. If there has been Upon receipt by the Company of evidence satisfactory to it of the loss, theft, destruction or mutilation of the Note any Note, and (a) in the case of loss, theft or destruction, upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of the Note and ) of indemnity reasonably satisfactory to it, or (b) in the case of mutilation, and upon surrender thereofand cancellation of such Note, if mutilated, within five Business Days thereafter the Company, at its expense, Company will execute and deliver in lieu thereof of such Note a new Note executed in of like tenor and unpaid Accreted Principal Amount dated as of the same manner as the Note being replaced, in the same principal amount as the unpaid principal amount date of the Note being replacedso lost, stolen, destroyed or mutilated.
Appears in 2 contracts
Samples: Note (Geo Specialty Chemicals Inc), Intercreditor Agreement (Geo Specialty Chemicals Inc)
Replacement of Note. If there has been On receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of the this Note and (a) and, in the case of any such loss, theft or destructiondestruction of this Note, upon receipt by on delivery of an indemnity agreement or security reasonably satisfactory in form and amount to the Company of evidence reasonably satisfactory to it of the ownership of the Note and of indemnity reasonably satisfactory to itor, or (b) in the case of any such mutilation, upon on surrender thereofand cancellation of this Note, the Company, Company at its expense, expense will execute and deliver deliver, in lieu thereof thereof, a new Note executed in the same manner as the Note being replaced, in the same principal amount as the unpaid principal amount of the Note being replacedlike tenor.
Appears in 1 contract
Replacement of Note. If there has been loss, theft, destruction or mutilation of the Note and (a) in the case of loss, theft or destruction, upon Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of this Note and (i) in the case of loss, theft, or destruction, of indemnity from the Holder reasonably satisfactory in form to it, the Company (and without the requirement to post any bond or other security) or (bii) in the case of mutilation, upon surrender thereofand cancellation of this Note, the Company, at its expense, Company will execute and deliver in lieu thereof to the Holder a new Note executed in the same manner as the Note being replaced, in the same principal amount as the unpaid principal amount of the Note being replacedlike tenor.
Appears in 1 contract
Samples: Note Agreement (Zix Corp)
Replacement of Note. If there has been Upon receipt by the Obligor of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of the any Note and (a) in the case of loss, theft or destruction, upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of the Note and of indemnity reasonably satisfactory to it, ; or (b) in the case of mutilation, upon surrender thereof, the CompanyObligor, at its expense, will execute and deliver in lieu thereof a new Note executed in the same manner as the Note being replaced, in the same principal amount as the unpaid principal amount of the Note being replacedsuch Note.
Appears in 1 contract
Samples: Note Agreement (Genius Products Inc)
Replacement of Note. If there has been On receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of the Note and (a) this Note, and, in the case of loss, theft or destruction, upon receipt by on delivery of an indemnity agreement reasonably satisfactory in form and substance to the Company of evidence reasonably satisfactory to it of the ownership of the Note and of indemnity reasonably satisfactory to itor, or (b) in the case of mutilation, upon on surrender thereofand cancellation of this Note, the Company, Company at its expense, will expense shall execute and deliver deliver, in lieu thereof of this Note, a new Note executed in the same manner as the Note being replaced, in the same principal amount as the unpaid principal amount of the Note being replacedlike tenor and amount.
Appears in 1 contract
Samples: Convertible Note Agreement (Identica Holdings Corp)