Common use of Secured Promissory Note Clause in Contracts

Secured Promissory Note. Each Loan shall be evidenced by a Secured Promissory Note or Notes in the form attached as Exhibit D hereto (the “Secured Promissory Note”), and shall be repayable as set forth herein. The Borrower irrevocably authorizes 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 principal on Lender’s Secured Promissory Note, an appropriate notation on Lender’s Secured Promissory Note Record reflecting the making of the Loan or (as the case may be) the receipt of such payment. The outstanding amount of each Loan set forth on Lender’s Secured Promissory Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to Lender, but the failure to record, or any error in so recording, any such amount on Lender’s Secured Promissory Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Secured Promissory Note to make payments of principal of or interest on any Secured Promissory Note when due. Upon receipt of an affidavit of an officer of Lender 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. Each Loan The Loans shall be evidenced by a Secured Convertible Promissory Note or Notes in the form attached as Exhibit D A hereto (the a “Secured Promissory Note”), and shall be repayable or converted into Borrower Securities as set forth hereinin this Agreement. 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 principal on Lender’s Secured Promissory Noteprincipal, an appropriate notation on Lender’s the Secured Promissory Note Record reflecting the making of the such Loan or (as the case may be) the receipt of such payment. The outstanding amount of each Loan set forth on Lender’s the Secured Promissory Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to Lenderthe Lender (absent manifest error), but the failure to record, or any error in so recordingrecording (other than manifest error), any such amount on Lender’s the Secured Promissory Note Record shall not limit or otherwise affect the obligations of Borrower under the Borrower hereunder or under 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. Each The Term Loan shall be evidenced by a Secured Promissory Note or Notes in the form attached as Exhibit D hereto (the “each a "Secured Promissory Note”"), and shall be repayable as set forth herein. The Borrower irrevocably authorizes Lender to make or cause to be made, on or about the Funding Date of any the Term Loan or at the time of receipt of any payment of principal on Lender’s 's Secured Promissory Note, an appropriate notation on Lender’s the Secured Promissory Note Record reflecting the making of the 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 Lender’s 's Secured Promissory Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to Lender, but the failure to record, or any error in so recording, any such amount on Lender’s 's Secured Promissory Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any the Secured Promissory Note 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 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. Each Loan The Equipment Advance shall be evidenced by a Secured Promissory Note or Notes in the form attached as Exhibit D hereto (the each a “Secured Promissory Note”), and shall be repayable as set forth hereintherein. The Borrower irrevocably authorizes Lender to make or cause to be made, on or about the Funding Date of any Loan Date, or at the time of receipt of any payment of principal on Lender’s Secured Promissory Note, an appropriate notation on Lender’s Secured Promissory Note Record reflecting the making of the Loan 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 Lender’s Secured Promissory Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to Lender, but the failure to record, or any error in so recording, any such amount on Lender’s Secured Promissory Note Record shall not limit or otherwise affect the obligations of the Borrower hereunder or under any Secured Promissory Note 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 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.