Common use of Replacement of the Notes Clause in Contracts

Replacement of the Notes. Subject to any restrictions on or conditions to transfer set forth in any Note, the holder of any Note, at its option, may in person or by duly authorized attorney surrender the same for exchange at the Company’s chief executive office, and promptly thereafter and at the Company’s expense, except as provided below, receive in exchange therefor one or more new Note(s), each in the principal requested by such holder, dated the date to which interest shall have been paid on the Note so surrendered or, if no interest shall have yet been so paid, dated the date of the Note so surrendered and registered in the name of such person or persons as shall have been designated in writing by such holder or its attorney for the same principal amount as the then unpaid principal amount of the Note so surrendered. Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note and (a) in the case of loss, theft or destruction, 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 such Note and dated the date to which interest shall have been paid on such Note or, if no interest shall have yet been so paid, dated the date of such Note.

Appears in 13 contracts

Samples: Note and Warrant Purchase Agreement (NeuroSigma, Inc.), Note and Warrant Purchase Agreement (NeuroSigma, Inc.), Note and Warrant Purchase Agreement (NeuroSigma, Inc.)

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Replacement of the Notes. Subject to any restrictions on or conditions to transfer set forth in any Notethe Notes, the holder Holder of any a Note, at its option, may in person or by duly authorized attorney surrender the same for exchange at the Company’s chief executive office, and promptly thereafter and at the Company’s expense, except as provided below, receive in exchange therefor one or more new Note(sconvertible promissory note(s), each in the principal requested by such holderHolder, dated the date to which interest shall have been paid on the Note so surrendered or, if no interest shall have yet been so paid, dated the date of the Note so surrendered and registered in the name of such person or persons as shall have been designated in writing by such holder or its attorney for the same principal amount as the then unpaid principal amount of the Note so surrendered. Upon As applicable, upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any a Note and (a) in the case of loss, theft or destruction, 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 convertible promissory note executed in the same manner as the Note being replaced, in the same principal amount as the unpaid principal amount of such Note and dated the date to which interest shall have been paid on such Note or, if no interest shall have yet been so paid, dated the date of such Note.

Appears in 4 contracts

Samples: Note Purchase Agreement (Helix Wind, Corp.), Note Purchase Agreement (Helix Wind, Corp.), Note Purchase Agreement (Helix Wind, Corp.)

Replacement of the Notes. Subject to any restrictions on or conditions to transfer set forth in any Notethe Notes, the holder Holder of any NotetheNotes, at its option, may in person or by duly authorized attorney surrender the same for exchange at the Company’s chief executive office, and promptly thereafter and at the Company’s expense, except as provided below, receive in exchange therefor one or more new Note(sconvertible secured promissory note(s), each in the principal requested by such holderHolder, dated the date to which interest shall have been paid on the Note Notes so surrendered or, if no interest shall have yet been so paid, dated the date of the Note Notes so surrendered and registered in the name of such person or persons as shall have been designated in writing by such holder Holder or its attorney for the same principal amount as the then unpaid principal amount of the Note so Notesso surrendered. Upon As applicable, upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note theNotes and (ai) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to it; or (bii) in the case of mutilation, upon surrender thereof, the Company, at its expense, will execute and deliver in lieu thereof a new Note convertible secured promissory note executed in the same manner as the Note being Notesbeing replaced, in the same principal amount as the unpaid principal amount of such Note Notes and dated the date to which interest shall have been paid on such Note theNotes or, if no interest shall have yet been so paid, dated the date of such the Note.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (A5 Laboratories Inc.)

Replacement of the Notes. Subject to any restrictions on or conditions to transfer set forth in any Notethe Notes, the holder Holder of any a Note, at its option, may in person or by duly authorized attorney surrender the same for exchange at the Company’s chief executive 's principal corporate office, and promptly thereafter and at the Company’s 's expense, except as provided below, receive in exchange therefor one or more new Note(ssecured convertible promissory note(s), each in the principal amount requested by such holderHolder, dated the date to which interest shall have been paid on the Note so surrendered or, if no interest shall have yet been so paid, dated the date of the Note so surrendered and registered in the name of such person or persons as shall have been designated in writing by such holder Holder or its attorney for the same principal amount as the then unpaid principal amount of the Note so surrendered. Upon As applicable, upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any the Note and (a) in the case of loss, theft or destruction, 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 secured convertible promissory note executed in the same manner as the Note being replaced, in the same principal amount as the unpaid principal amount of such Note and dated the date to which interest shall have been paid on such the Note or, if no interest shall have yet been so paid, dated the date of such the Note.

Appears in 1 contract

Samples: Securities Purchase Agreement (Novation Holdings Inc)

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Replacement of the Notes. Subject to any restrictions on or conditions to transfer set forth in any Notethe Notes, the holder Holder of any Notethe Notes, at its option, may in person or by duly authorized attorney surrender the same for exchange at the Company’s chief executive office, and promptly thereafter and at the Company’s expense, except as provided below, receive in exchange therefor one or more new Note(sconvertible secured promissory note(s), each in the principal requested by such holderHolder, dated the date to which interest shall have been paid on the each Note so surrendered or, if no interest shall have yet been so paid, dated the date of the Note or Notes so surrendered and registered in the name of such person or persons as shall have been designated in writing by such holder Holder or its attorney for the same principal amount as the then unpaid principal amount of the Note or Notes so surrendered. Upon As applicable, upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note the Notes and (a) in the case of loss, theft or destruction, 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 convertible secured promissory note executed in the same manner as the Note or Notes being replaced, in the same principal amount as the unpaid principal amount of such Note or Notes and dated the date to which interest shall have been paid on such the each Note or, if no interest shall have yet been so paid, dated the date of such each Note.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (World Series of Golf, Inc.)

Replacement of the Notes. Subject to any restrictions on or conditions to transfer set forth in any Notethe Notes, the holder Holder of any a Note, at its option, may in person or by duly authorized attorney surrender the same for exchange at the Company’s chief executive office, and promptly thereafter and at the Company’s expense, except as provided below, receive in exchange therefor one or more new Note(sconvertible secured promissory note(s), each in the principal requested by such holderHolder, dated the date to which interest shall have been paid on the Note so surrendered or, if no interest shall have yet been so paid, dated the date of the Note so surrendered and registered in the name of such person or persons as shall have been designated in writing by such holder or its attorney for the same principal amount as the then unpaid principal amount of the Note so surrendered. Upon As applicable, upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any a Note and (a) in the case of loss, theft or destruction, 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 convertible secured promissory note executed in the same manner as the Note being replaced, in the same principal amount as the unpaid principal amount of such Note and dated the date to which interest shall have been paid on such Note or, if no interest shall have yet been so paid, dated the date of such Note.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Helix Wind, Corp.)

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