THE OTHER NOTES Sample Clauses

THE OTHER NOTES. The Other Noteholders hereby agree to amend their respective notes as set forth in Exhibit E to provide that the maturity date thereof shall be the Put Payment Date (the "Amended Maturity Date") and to surrender the same to the Company promptly after receiving written notice of the Put Election Date, and to accept as payment in full thereof the following (the "Alternate Other Note Pay-Off Method:")
Sample 1
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THE OTHER NOTES. On the Second Closing Date, subject to Section 3(c), the Company will issue to the Other Investors certain notes (the “Other Notes”) of US$100,000 principal amount each, representing an aggregate principal amount equal to no more than 25% of the Note Purchase Amount, with respect to which the Other Investors have exercised their Prior ROFR in the aggregate (the “Other Note Purchase Amount”). The Other Notes will be issued pursuant to the provisions of a separate indenture between the Company and the Trustee (the “Other Indenture”) and will be offered and sold in the United States to certain accredited investors (“AIs”) as defined in Rule 501(a) under the Securities Act in a manner exempt from the registration requirements of the Securities Act. Upon original issuance thereof, and until such time as the same is no longer required under the applicable requirements of the Act, the Other Notes and the Conversion Shares into which the Other Notes are convertible (the “Other Conversion Shares”) shall bear the legends relating to the offer and the sale of such securities as required by (i) Regulation D under the Act or (ii) any other applicable laws or regulations relating to the issuance of such securities. The Other Notes sold in the United States to certain AIs will be constituted by private placement definitive certificates, substantially in the form to be set out in an exhibit to the Other Indenture. The Other Notes and the Other Indenture will have terms and conditions that are identical to those of the Notes and the Indenture, respectively, except for the transfer restrictions and related provisions required for the Other Notes to be in compliance with the Act.
Sample 1

Related to THE OTHER NOTES

  • Sale of Other Notes Contemporaneously with the Closing the Company shall sell to each other Purchaser and each other Purchaser shall purchase the Notes to be purchased by it at the Closing as specified in Schedule A.

  • Obligations of the Holders In connection with the registration of the Registrable Securities, the Holders shall have the following obligations:

  • Promissory Notes Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its permitted registered assigns) and in a form attached hereto as Exhibit C. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such form payable to the payee named therein (or, if such promissory note is a registered note, to such payee and its permitted registered assigns).

  • Subordination of Debentures 48 Section 16.1. Agreement to Subordinate........................................48 Section 16.2. Default on Senior Debt, Subordinated Debt or Additional Senior Obligations..................................................49 Section 16.3.

  • Term Notes The Term Loan made by each Lender and interest accruing thereon shall be evidenced by the records of Agent and such Lender. At the request of any Lender, Borrowers shall deliver a Term Note to such Lender.

  • Debts, Guaranties and Other Obligations The Borrower shall not, and shall not permit any of its Subsidiaries to, create, assume, suffer to exist, or in any manner become or be liable in respect of, any Debt except:

  • Obligations of the Holder a. At least five (5) calendar days prior to the first anticipated filing date of a Registration Statement the Company shall notify Holder in writing of the information the Company requires from Holder. It shall be a condition precedent to the obligations of the Company to complete the registration pursuant to this Agreement with respect to the Registrable Securities of the Holder that Holder shall furnish in writing to the Company such information regarding itself, the Registrable Securities held by it and the intended method of disposition of the Registrable Securities held by it as shall reasonably be required to effect the registration of such Registrable Securities and shall execute such documents in connection with such registration as the Company may reasonably request. The Holder covenants and agrees that, in connection with any resale of Registrable Securities by it pursuant to a Registration Statement, it shall comply with the "Plan of Distribution" section of the current prospectus relating to such Registration Statement.

  • The Notes Section 2.01.

  • Revolver Notes The Revolver Loans made by each Lender and interest accruing thereon shall be evidenced by the records of Agent and such Lender. At the request of any Lender, Borrowers shall deliver a Revolver Note to such Lender.

  • Receivables Not To Be Evidenced by Promissory Notes Except in connection with its enforcement or collection of an Account, the Servicer will take no action to cause any Receivable to be evidenced by an instrument (as defined in the UCC as in effect in the State of Delaware). SECTION 17.

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