Common use of Secured Promissory Note Clause in Contracts

Secured Promissory Note. The Loans shall be evidenced by a Secured Convertible Promissory Note in the form attached as Exhibit A hereto (a “Secured Promissory Note”), and shall be repayable or converted into Borrower Securities as set forth in this Agreement. Borrower irrevocably authorizes the Lender to make or cause to be made, on or about the Funding Date or at the time of receipt of any payment of principal, an appropriate notation on the Secured Promissory Note Record reflecting the making of such Loan or (as the case may be) the receipt of such payment. The outstanding amount of each Loan set forth on the Secured Promissory Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to the Lender (absent manifest error), but the failure to record, or any error in so recording (other than manifest error), any such amount on the Secured Promissory Note Record shall not limit or otherwise affect the obligations of Borrower under the Secured Promissory Note or any other Loan Document to make payments of principal of or interest on any Secured Promissory Note when due. Upon receipt of an affidavit of an officer of a Lender and a customary indemnification agreement, in a form reasonably acceptable to Borrower, as to the loss, theft, destruction, or mutilation of its Secured Promissory Note, Borrower shall issue, in lieu thereof, a replacement Secured Promissory Note in the same principal amount thereof and of like tenor.

Secured Promissory Note. The Loans Each Loan shall be evidenced by a Secured Convertible Promissory Note or Notes in the form attached as Exhibit A D hereto (a the “Secured Promissory Note”), and shall be repayable or converted into Borrower Securities as set forth in this Agreementherein. The Borrower irrevocably authorizes the Lender to make or cause to be made, on or about the Funding Date of any Loan or at the time of receipt of any payment of principalprincipal on Lender’s Secured Promissory Note, an appropriate notation on the Lender’s Secured Promissory Note Record reflecting the making of such the Loan or (as the case may be) the receipt of such payment. The outstanding amount of each Loan set forth on the Lender’s Secured Promissory Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to the Lender (absent manifest error)Lender, but the failure to record, or any error in so recording (other than manifest error)recording, any such amount on the Lender’s Secured Promissory Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under the any Secured Promissory Note or any other Loan Document to make payments of principal of or interest on any Secured Promissory Note when due. Upon receipt of an affidavit of an officer of a Lender and a customary indemnification agreement, in a form reasonably acceptable to Borrower, as to the loss, theft, destruction, or mutilation of its Secured Promissory Note, the Borrower shall issue, in lieu thereof, a replacement Secured Promissory Note in the same principal amount thereof and of like tenor.

Secured Promissory Note. The Loans Equipment Advance shall be evidenced by a Secured Convertible Promissory Note in the form attached as Exhibit A D hereto (each a “Secured Promissory Note”), and shall be repayable or converted into Borrower Securities as set forth in this Agreementtherein. The Borrower irrevocably authorizes the Lender to make or cause to be made, on or about the Funding Date Date, or at the time of receipt of any payment of principalprincipal on Lender’s Secured Promissory Note, an appropriate notation on the Lender’s Secured Promissory Note Record reflecting the making of such Loan the Equipment Advance or (as the case may be) the receipt of such payment. The outstanding amount of each Loan the Equipment Advance set forth on the Lender’s Secured Promissory Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to the Lender (absent manifest error)Lender, but the failure to record, or any error in so recording (other than manifest error)recording, any such amount on the Lender’s Secured Promissory Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under the any Secured Promissory Note or any other Loan Document to make payments of principal of or interest on any Secured Promissory Note when due. Upon receipt of an affidavit of an officer of a Lender and a customary indemnification agreement, in a form reasonably acceptable to Borrower, as to the loss, theft, destruction, or mutilation of its Secured Promissory Note, the Borrower shall issue, in lieu thereof, a replacement Secured Promissory Note in the same principal amount thereof and of like tenor.

Secured Promissory Note. The Loans Term Loan shall be evidenced by a Secured Convertible Promissory Note in the form attached as Exhibit A D hereto (each a “Secured Promissory Note”), and shall be repayable or converted into Borrower Securities as set forth in this Agreementherein. The Borrower irrevocably authorizes acknowledges that Lender has previously made the Lender to make or cause to be made, on or about the Funding Date or at the time of receipt of any payment of principal, an appropriate notation on the Secured Promissory Note Record reflecting the making of such Loan or (as the case may be) the receipt of such paymentTerm Loan. The outstanding amount of each the Term Loan set forth on the Lender’s Secured Promissory Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to the Lender (absent manifest error)Lender, but the failure to record, or any error in so recording (other than manifest error)recording, any such amount on the Lender’s Secured Promissory Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under the Secured Promissory Note or any other Loan Document to make payments of principal of or interest on any the Secured Promissory Note when due. Upon receipt of an affidavit of an officer of a Lender and a customary indemnification agreement, in a form reasonably acceptable to Borrower, as to the loss, theft, destruction, or mutilation of its the Secured Promissory Note, the Borrower shall issue, in lieu thereof, a replacement Secured Promissory Note in the same principal amount thereof and of like tenor.

Secured Promissory Note. The Loans Term Loan shall be evidenced by a Secured Convertible Promissory Note in the form attached as Exhibit A D hereto (each a “"Secured Promissory Note”"), and shall be repayable or converted into Borrower Securities as set forth in this Agreementherein. The Borrower irrevocably authorizes the Lender to make or cause to be made, on or about the Funding Date of the Term Loan or at the time of receipt of any payment of principalprincipal on Lender's Secured Promissory Note, an appropriate notation on the Secured Promissory Note Record reflecting the making of such Term Loan or (as the case may be) the receipt of such payment. The outstanding amount of each the Term Loan set forth on the Lender's Secured Promissory Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to the Lender (absent manifest error)Lender, but the failure to record, or any error in so recording (other than manifest error)recording, any such amount on the Lender's Secured Promissory Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under the Secured Promissory Note or any other Loan Document to make payments of principal of or interest on any the Secured Promissory Note when due. Upon receipt of an affidavit of an officer of a Lender and a customary indemnification agreement, in a form reasonably acceptable to Borrower, as to the loss, theft, destruction, or mutilation of its the Secured Promissory Note, the Borrower shall issue, in lieu thereof, a replacement Secured Promissory Note in the same principal amount thereof and of like tenor.