Common use of Termination of Forbearance Period Clause in Contracts

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March 31, 2014; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; or (5) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp By: /s/ Rxxx Xxxxxxxx Name: Rxxx Xxxxxxxx Title: Director Accepted and Agreed as date above NATURALNANO, INC. By: Name: Title: NATURALNANO RESEARCH, INC. By: Name: Title:

Appears in 1 contract

Samples: NaturalNano, Inc.

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Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March 31June 1, 20142010; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes Note or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; (5) any default or event of default shall occur under the Subordinated Note or the “Transaction Documents” referred to therein; or (56) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes Note or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. Effective November 30, 2009 This Letter Agreement shall be deemed to replace and terminate any existing agreement to forbear collection or other rights with respect to the Note that may currently in effect between the Borrower and the Lender. Effective November 30, 2009 If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp PLATINUM ADVISORS LLC By: /s/ Rxxx Xxxxxxxx Mxxx Xxxxxxx Name: Rxxx Xxxxxxxx Mxxx Xxxxxxx Title: Director G.M. Accepted and Agreed as date above of this 30th day of November, 2009 NATURALNANO, INC. By: /s/ Jxxxx Xxxxxx Name: Jxxxx Xxxxxx Title: Acting CEO NATURALNANO RESEARCH, INC. By: /s/ Jxxxx Xxxxxx Name: Jxxxx Xxxxxx Title:: Acting CEO Effective November 30, 2009 Schedule A Note Principal Outstanding Interest Outstanding $97,500 8% Senior Secured Promissory Note due March 6, 2009 issued to Lender $ 97,500 $ 21,645.00

Appears in 1 contract

Samples: NaturalNano , Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March October 31, 20142009; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or or. its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; or (5) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s 's obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. Amount Effective August 18, 2009 If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp PLATINUM LONG TERM GROWTH IV, LLC By: /s/ Rxxx Xxxxxxxx Xxxx Xxxxxxxxx Name: Rxxx Xxxxxxxx Xxxx Xxxxxxxxx Title: Director Fund Manager Accepted and Agreed as date above of this 18th day of August, 2009. NATURALNANO, INC. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Acting President and CEO NATURALNANO RESEARCH, INC. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title:: Acting President and CEO

Appears in 1 contract

Samples: NaturalNano , Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March 31November 30, 20142016; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; or (5) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp Mxxxxx Capital Investments LLC By: /s/ Rxxx Xxxxxxxx Bxxxx Xxxxx Name: Rxxx Xxxxxxxx Bxxxx Xxxxx Title: Director President Accepted and Agreed as date above of this of April 17,2016 NATURALNANO, INC. By: Name: Title: NATURALNANO RESEARCH, INC. By: Name: Title:

Appears in 1 contract

Samples: NaturalNano, Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March 31May 20, 20142009; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; or (5) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. Effective April 8, 2009 If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp By: /s/ Rxxx Xxxxxxxx Name: Rxxx Xxxxxxxx Title: Director Accepted and Agreed as date above NATURALNANO, LONGVIEW SPECIAL FINANCE INC. By: Name: Title: Accepted and Agreed as of this 8th day of April, 2009 NATURALNANO, INC. By: /s/ Xxxxx Xxxxxx Name Title NATURALNANO RESEARCH, INC. By: Name: /s/ Xxxxx Xxxxxx Name Title:

Appears in 1 contract

Samples: NaturalNano , Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March 31June 1, 20142010; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; (5) any default or event of default shall occur under the Subordinated Note or the “Transaction Documents” referred to therein; or (56) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Effective November 30, 2009 Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. This Letter Agreement shall be deemed to replace and terminate any existing agreement to forbear collection or other rights with respect to the Notes that may currently in effect between the Borrower and the Lender. Effective November 30, 2009 If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp PLATINUM LONG TERM GROWTH IV, LLC By: /s/ Rxxx Xxxxxxxx Xxxx Xxxxxxxxx Name: Rxxx Xxxxxxxx Xxxx Xxxxxxxxx Title: Director G.M. Accepted and Agreed as date above of this 30th day of November, 2009 NATURALNANO, INC. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Acting CEO NATURALNANO RESEARCH, INC. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title:: Acting CEO Effective November 30, 2009 Schedule A Note Principal Outstanding Interest Outstanding $2,750,000 8% Senior Secured Promissory Note due March 6, 2009 issued to Lender $ 2,750,000 $ 333,666.67 $150,000 8% Senior Secured Promissory Note due March 6, 2009 issued to Lender $ 150,000 $ 16,100 $190,000 8% Senior Secured Promissory Note due January 31, 2009 issued to Lender $ 190,000 $ 18,028.89 $59,500 8% Senior Secured Promissory Note due January 31, 2010 issued to Lender $ 59,500 $ 5,222.78 Short Term Bridge Notes $ 70,961.12 $ 3,088.18

Appears in 1 contract

Samples: NaturalNano , Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March 31June 30, 2014; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; (5) any default or event of default shall occur under any other indebtedness of the Company, including the Subordinated Notes issued on or about November 2009 or the “Transaction Documents” referred to therein; or (56) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp PLATINUM LONG TERM GROWTH IV LLC By: /s/ Rxxx Xxxxxxxx Name: Rxxx Xxxxxxxx Title: Director Accepted and Agreed as of the effective date above NATURALNANO, INC. By: /s/ JXXXX XXXXXX Name: JXXXX XXXXXX Title: CEO NATURALNANO RESEARCH, INC. By: By /s/ JXXXX XXXXXX Name: JXXXX XXXXXX Title:: CEO

Appears in 1 contract

Samples: NaturalNano, Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March August 31, 20142009; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; or (5) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s 's obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. Effective May 20, 2009 If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp PLATINUM ADVISORS LLC By: /s/ Rxxx Xxxxxxxx /s/Xxxx Xxxxxxx Name: Rxxx Xxxxxxxx Xxxx Xxxxxxx Title: Director Accepted and Agreed as date above of this 20th day of May, 2009 NATURALNANO, INC. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Acting President and CEO NATURALNANO RESEARCH, INC. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title:: Acting President and CEO

Appears in 1 contract

Samples: Platinum Advisors LLC (NaturalNano , Inc.)

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March December 31, 20142009; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; or (5) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s 's obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. Effective August 31, 2009 If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp LONGVIEW SPECIAL FINANCE INC. By: /s/ Rxxx Xxxxxxxx Xxxxx Name: Rxxx Xxxxxxxx Xxxxx Title: Director Accepted and Agreed as date above of this 31st day of August, 2009. NATURALNANO, INC. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Acting President and CEO NATURALNANO RESEARCH, INC. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title:: Acting President and CEO

Appears in 1 contract

Samples: Special (NaturalNano , Inc.)

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March December 31, 20142009; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other ether than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; or (5) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s 's obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. Effective August 31, 2009 If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp PLATINUM LONG TERM GROWTH IV, LLC By: /s/ Rxxx Xxxxxxxx Xxxx Xxxxxxxxx Name: Rxxx Xxxxxxxx Xxxx Xxxxxxxxx Title: Director Fund Manager Accepted and Agreed as date above of this 31st day of August, 2009 NATURALNANO, INC. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Acting President and CEO NATURALNANO RESEARCH, INC. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title:: Acting President and CEO

Appears in 1 contract

Samples: NaturalNano , Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March 31May 20, 20142009; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; or (5) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. Effective April 8, 2009 If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp PLATINUM LONG TERM GROWTH IV,LLC By: /s/ Rxxx Xxxxxxxx Mark Nxxxxxxxx Name: Rxxx Xxxxxxxx Title: Director General Manager Accepted and Agreed as date above of this 8th day of April, 2009 NATURALNANO, INC. By: /s/James Xxxxxx Name: Title: NATURALNANO RESEARCH, INC. By: /s/James Xxxxxx Name: Title:

Appears in 1 contract

Samples: NaturalNano , Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March 31November 30, 20142016; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; : or (5) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp Alpha Capital By: /s/ Rxxx Xxxxxxxx Kxxxxx Xxxxxxxxx Name: Rxxx Xxxxxxxx Kxxxxx Xxxxxxxxx Title: Director Accepted and Agreed as date above of this of April 17, 2016 NATURALNANO, INC. By: Name: Title: NATURALNANO RESEARCH, INC. By: Name: Title:

Appears in 1 contract

Samples: NaturalNano, Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March 31June 30, 20142015; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; or (5) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp Bull Hunter By: /s/ Rxxx Xxxxxxxx Name: Rxxx Xxxxxxxx Title: Director Accepted and Agreed as date above of this of March 5 ,2015 NATURALNANO, INC. By: Name: Title: NATURALNANO RESEARCH, INC. By: Name: Title:

Appears in 1 contract

Samples: NaturalNano, Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March 31June 1, 20142010; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; (5) any default or event of default shall occur under the Subordinated Note or the “Transaction Documents” referred to therein; or (56) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Effective November 30, 2009 Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. This Letter Agreement shall be deemed to replace and terminate any existing agreement to forbear collection or other rights with respect to the Notes that may currently in effect between the Borrower and the Lender. Effective November 30, 2009 If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp LONGVIEW SPECIAL FINANCE INC. By: /s/ Rxxx Xxxxxxxx Fxxxxxxx [illegible] Name: Rxxx Xxxxxxxx Fxxxxxxx [illegible] Title: Director Accepted and Agreed as date above of this 30th day of November, 2009 NATURALNANO, INC. By: /s/ Jxxxx Xxxxxx Name: Jxxxx Xxxxxx Title: Acting CEO NATURALNANO RESEARCH, INC. By: /s/ Jxxxx Xxxxxx Name: Jxxxx Xxxxxx Title:: Acting CEO Effective November 30, 2009 Schedule A Note Principal Outstanding Interest Outstanding $500,000 8% Senior Secured Promissory Note due March 6, 2009 issued to Lender $ 395,000 All accrued interest $20,000 8% Senior Secured Promissory Note due March 6, 2009 issued to Lender $ 20,000 All accrued interest $30,000 8% Senior Secured Promissory Note due January 31, 2009 issued to Lender $ 30,000 All accrued interest $25,500 8% Senior Secured Promissory Note due January 31, 2010 issued to Lender $ 25,500 All accrued interest $34,750 16% Senior Secured Promissory Note due January 31, 2010 issued to Lender $ 34,750 All accrued interest $40,000 16% Senior Secured Promissory Note due November 1, 2009 issued to Lender $ 40,000 All accrued interest

Appears in 1 contract

Samples: NaturalNano , Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March 31November 30, 20142013; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; or (5) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp Financial Advisors, LLC By: /s/ Rxxx Rexx Xxxxxxxx Name: Rxxx Rexx Xxxxxxxx Title: Director Managing Member Accepted and Agreed as date above NATURALNANO, INC. By: Name: Title: NATURALNANO RESEARCH, INC. By: Name: Title:

Appears in 1 contract

Samples: NaturalNano, Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March 31September 1st, 20142013; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; (5) any default or event of default shall occur under any other indebtedness of the Company, including the Subordinated Notes issued on or about November 2009 or the “Transaction Documents” referred to therein; or (56) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp PLATINUM LONG TERM GROWTH IV LLC By: /s/ Rxxx Xxxxxxxx Mar Nordlicht Name: Rxxx Xxxxxxxx Mar Nordlicht Title: Director Accepted and Agreed as date above of this 23h day of July, 2013 NATURALNANO, INC. By: /s/ JXXXX XXXXXX Name: JXXXX XXXXXX Title: CEO NATURALNANO RESEARCH, INC. By: /s/ JXXXX XXXXXX Name: JXXXX XXXXXX Title:: CEO

Appears in 1 contract

Samples: NaturalNano, Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March 31May 20, 20142009; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; or (5) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. Effective April 8, 2009 If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp PLATINUM ADVISORS LLC By: /s/ Rxxx Xxxxxxxx Xxxx Xxxxxxx Name: Rxxx Xxxxxxxx Title: Director General Manager Accepted and Agreed as date above of this 8th day of April, 2009 NATURALNANO, INC. By: /s/Xxxxx Xxxxxx Name: Title: NATURALNANO RESEARCH, INC. By: /s/Xxxxx Xxxxxx Name: Title:

Appears in 1 contract

Samples: NaturalNano , Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March 31June 30, 20142015; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; or (5) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp Alpha Capital By: /s/ Rxxx Xxxxxxxx Kourad Ackermann Name: Rxxx Xxxxxxxx Kourad Ackermann Title: Director Accepted and Agreed as date above of this of February 25 ,2015 NATURALNANO, INC. By: Name: Title: NATURALNANO RESEARCH, INC. By: Name: Title:

Appears in 1 contract

Samples: NaturalNano, Inc.

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Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March 31November 30, 20142016; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; or (5) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp Bull Hunter By: /s/ Rxxx Xxxxxxxx Mxxx Xxxxxxxxx Name: Rxxx Xxxxxxxx Mxxx Xxxxxxxxx Title: Director Managing Member Accepted and Agreed as date above of this of April 17,2016 NATURALNANO, INC. By: Name: Title: NATURALNANO RESEARCH, INC. By: Name: Title:

Appears in 1 contract

Samples: NaturalNano, Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March 31November 30, 20142013; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; (5) any default or event of default shall occur under any other indebtedness of the Company, including the Subordinated Notes issued on or about November 2009 or the “Transaction Documents” referred to therein; or (56) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp PLATINUM LONG TERM GROWTH IV LLC By: /s/ Rxxx Xxxxxxxx Name: Rxxx Xxxxxxxx Title: Director Accepted and Agreed Axxxxx as of the executed date above NATURALNANO, INC. By: Name: JXXXX XXXXXX Title: CEO NATURALNANO RESEARCH, INC. By: By Name: JXXXX XXXXXX Title:: CEO

Appears in 1 contract

Samples: NaturalNano, Inc.

Termination of Forbearance Period. The Notwithstanding the provisions of Section 3 above, the Forbearance Period shall automatically terminate upon without further notice to the earlier to occur of: Borrowers or any other person (1all notice otherwise required by the Loan Documents or otherwise being hereby waived), at 11:59 P.M. E.D.T. on May 7, 2004 or if (i) 5:00 pm (New York City Time) on March 31, 2014; (2) the any case or other proceeding is instituted by or against Borrower shall fail to observe, perform, or comply with any of the termsGuarantors under any state or federal law relating to the bankruptcy or insolvency of debtors, conditions including, without limitation, the United States Bankruptcy Code, 11 U.S.C. § 101 et seq., or provisions (ii) any material and substantial default, event of this Letter Agreement as and when required and/or any other default or "Event of Default Default" (other than as defined in the Existing Defaults occurring prior to the date hereof) shall occur Loan Documents), occurs under the Notes or any of the Loan Documents other than the Existing Noncompliance, or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3iii) any representation or warranty made hereinof the acknowledgments, in any document executed and delivered in connection herewithwarranties, or representations of Borrowers set forth in any report, certificate, financial statement the Credit Agreement shall be untrue or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading inaccurate in any material respect on as of the date as of which it was made; , or (4iv) any suit preceding Borrower shall breach, default, or other action is commenced by fail to perform any other creditor against the Company; obligation or agreement contained in this Agreement, or (5v) any Borrower defaults under the Distributorship Agreement and Forbearance Agreement entered into between Borrowers and Lonati SpA (successor to Lonati Srl) dated March 8, 2004 (the "Lonati Agreement"), or (vi) the Borrowers shall fail to provide the monthly reports and other financial information provided for herein on a court of competent jurisdiction shall enter an order timely basis, or (vii) the actual EBITDA or Gross Revenue numbers for relief or take any similar action month included in respect Exhibit "A" do not equal at least eighty-five percent (85%) of the Borrower Projections for that month (it being understood that actual EBITDA and Gross Revenue numbers for the month of February 2004 have not been reviewed by Lender and are among those included in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon Projections and subject to this termination of forbearance period requirement) or (viii) the Forbearance PeriodBorrowers shall have failed, should the Notes or any within three (3) business days of the Borrower’s obligations under execution hereof, to provide Lender with an original of the Loan Documents not be satisfied in full, letter attached hereto as Exhibit "B" executed by Lonati SpA providing Lender with the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard assurances with respect to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. If the foregoing is acceptable to you, please sign default in the space provided below. Sincerely, Cape One Master Fund II lp By: /s/ Rxxx Xxxxxxxx Name: Rxxx Xxxxxxxx Title: Director Accepted and Agreed as date above NATURALNANO, INC. By: Name: Title: NATURALNANO RESEARCH, INC. By: Name: Title:Lonati Agreement contained therein.

Appears in 1 contract

Samples: Eighth Amendment and Forbearance Agreement (Speizman Industries Inc)

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March 31November 20, 2014; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; or (5) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp MXXXXX CAPITAL INVESTMENTS LLC By: /s/ Rxxx Xxxxxxxx Name: Rxxx Xxxxxxxx Title: Director Accepted and Agreed as date above NATURALNANO, INC. By: /s/ Jxxxx Xxxxxx Name: Jxxxx Xxxxxx Title: NATURALNANO RESEARCHCEO Exhibit A Loan for $45,000 on May 8, INC. By: Name: Title:2014

Appears in 1 contract

Samples: NaturalNano, Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March January 31, 20142010; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; or (5) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp [Lender] By: /s/ Rxxx Xxxxxxxx Name: Rxxx Xxxxxxxx Title: Director Accepted and Agreed as date above of this 29th day of September, 2008 NATURALNANO, INC. By: Name: Title: NATURALNANO RESEARCH, INC. By: Name: Title:

Appears in 1 contract

Samples: NaturalNano , Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March 31June 30, 20142015; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; or (5) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp Mxxxxx Capital Investments LLC By: /s/ Rxxx Xxxxxxxx Bxxxx Xxxx Name: Rxxx Xxxxxxxx Bxxxx Xxxx Title: Director President Accepted and Agreed as date above of this of March 5 ,2015 NATURALNANO, INC. By: /s/ Jxxxx Xxxxxx Name: Jxxxx Xxxxxx Title: CEO NATURALNANO RESEARCH, INC. By: /s/ Jxxxx Xxxxxx Name: Jxxxx Xxxxxx Title:: CEO

Appears in 1 contract

Samples: NaturalNano, Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March December 31, 20142009; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; or (5) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s 's obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. , If the foregoing is acceptable to you, please sign in ht the space provided below. Sincerely, Cape One Master Fund II lp PLATINUM ADVISORS LLC By: /s/ Rxxx Xxxxxxxx Xxxx Xxxxxxx Name: Rxxx Xxxxxxxx Xxxx Xxxxxxx Title: Director Accepted and Agreed as date above of this 31st day of August, 2009. NATURALNANO, INC. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Acting President and CEO NATURALNANO RESEARCH, INC. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title:: Acting President and CEO

Appears in 1 contract

Samples: NaturalNano , Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March 31June 30, 2014; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; (5) any default or event of default shall occur under any other indebtedness of the Company, including the Subordinated Notes issued on or about November 2009 or the “Transaction Documents” referred to therein; or (56) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp Merit Consulting, LLC By: /s/ Rxxx Xxxxxxxx Name: Rxxx Xxxxxxxx Title: Director Accepted and Agreed as of effective date above NATURALNANO, INC. By: Name: /s/ jxx xxxxxx Title: jxx xxxxxx CEO NATURALNANO RESEARCH, INC. By: /s/ jxx xxxxxx Name: jxx xxxxxx Title:: CEO

Appears in 1 contract

Samples: NaturalNano, Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March 31November 30, 20142013; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; (5) any default or event of default shall occur under any other indebtedness of the Company, including the Subordinated Notes issued on or about November 2009 or the “Transaction Documents” referred to therein: or (56) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. If the foregoing is acceptable to you, . please sign in the space provided below. Sincerely, Cape One Master Fund II lp Merit Consulting. LLC By: /s/ Rxxx Xxxxxxxx Mxxxx Xxxxxxx Name: Rxxx Xxxxxxxx Mxxxx Xxxxxxx Title: Director Accepted and Agreed as date above of this 23rd day of July, 2013 NATURALNANO, INC. By: Name: Title: jxx xxxxxx CEO NATURALNANO RESEARCH, INC. By: Name: jxx xxxxxx Title:: CEO

Appears in 1 contract

Samples: NaturalNano, Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March August 31, 20142009; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; or (5) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s 's obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. Effective May 20, 2009 If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp PLATINUM LONG TERM GROWTH IV, LLC By: /s/ Rxxx Xxxxxxxx /s/Xxxx Xxxxxxxxx Name: Rxxx Xxxxxxxx Xxxx Xxxxxxxxx Title: Director Fund Manager Accepted and Agreed as date above of this 20th day of May, 2009 NATURALNANO, INC. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Acting President and CEO NATURALNANO RESEARCH, INC. By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title:: Acting President and CEO

Appears in 1 contract

Samples: NaturalNano , Inc.

Termination of Forbearance Period. The Forbearance Period shall terminate upon the earlier to occur of: (1) 5:00 pm (New York City Time) on March August 31, 20142009; (2) the Borrower shall fail to observe, perform, or comply with any of the terms, conditions or provisions of this Letter Agreement as and when required and/or any other Event of Default (other than the Existing Defaults occurring prior to the date hereof) shall occur under the Notes or any of the Loan Documents or any other agreement between the Borrower and the Lender (or its affiliates) or any other indebtedness issued by the Borrower to the Lender or its affiliates; (3) any representation or warranty made herein, in any document executed and delivered in connection herewith, or in any report, certificate, financial statement or other instrument or document now or hereafter furnished by or on behalf of the Borrower in connection with this Letter Agreement, shall prove to have been false, incomplete or misleading in any material respect on the date as of which it was made; (4) any suit preceding or other action is commenced by any other creditor against the Company; or (5) a court of competent jurisdiction shall enter an order for relief or take any similar action in respect of the Borrower in an involuntary case under any applicable bankruptcy, insolvency, reorganization, moratorium or similar law now or hereafter in effect or a petition for relief under any applicable bankruptcy, insolvency, reorganization, moratorium or other similar law shall be filed by or against the Borrower. Upon termination of the Forbearance Period, should the Notes or any of the Borrower’s 's obligations under the Loan Documents not be satisfied in full, the Lender shall be entitled to pursue immediately its various rights and remedies, including its Default Rights, against the Borrower, all collateral given by the Borrower to secure the Loan and the obligations under the Loan Documents, without regard to notice and cure periods, all of which are hereby waived by the Borrower. Without limiting the generality of the foregoing, upon termination of the Forbearance Period, the Lender shall be permitted to immediately exercise its rights to demand and collect on the Outstanding Amount. Effective May 20, 2009 If the foregoing is acceptable to you, please sign in the space provided below. Sincerely, Cape One Master Fund II lp LONGVIEW SPECIAL FINANCE INC. By: /s/ Rxxx /s/Xxxxxxxx Xxxxx . Name: Rxxx Xxxxxxxx Xxxxx Title: Director Accepted and Agreed as date above of this 20th day of May, 2009 NATURALNANO, INC. By: By:/s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Acting President and CEO NATURALNANO RESEARCH, INC. ByBy:/s/ Xxxxx Xxxxxx . Name:Xxxxx Xxxxxx Title: Name: Title:Acting President and CEO

Appears in 1 contract

Samples: NaturalNano , Inc.

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