Common Contracts
3 similar Forbearance Agreement contracts by Great Basin Scientific, Inc.
LETTERHEAD OF OTHER INVESTOR]Forbearance Agreement • September 28th, 2017 • Great Basin Scientific, Inc. • Surgical & medical instruments & apparatus • New York
Reference is made to that certain (i) New 2017 Senior Secured Note, dated September 27, 2017, in the original principal amount of $[●], issued by Great Basin Scientific, Inc. (the "Company") to [●] (the "Holder") secured by the Security Documents (as defined in the 2017 SPA, as that term is defined below) (the "New Note") and (ii) 2017 Series A Senior Secured Convertible Note, dated April 17, 2017, in the original principal amount of $[●], issued by the Company to the Holder secured by the Security Documents (as defined in the 2016 SPA, as that term is defined below) (as the same has been amended, supplemented, amended and restated, or otherwise modified from time to time, the "2017 Note" and together with the New Note, each a "Note," and collectively, the "Notes") pursuant to that certain Exchange Agreement, dated as of April 17, 2017, by and between the Company and the Holder (the "Exchange Agreement"). Any and all capitalized terms used in this letter agreement (this "Forbearance Ag
HUDSON BAY MASTER FUND LTD. c/o Hudson Bay Capital Management LP 777 Third Avenue, 30th Floor New York, New York 10017Forbearance Agreement • September 28th, 2017 • Great Basin Scientific, Inc. • Surgical & medical instruments & apparatus • New York
Reference is made to that certain (i) New 2017 Senior Secured Notes, dated September 27, 2017, in the original aggregate principal amount of $2,079,101.44, issued by Great Basin Scientific, Inc. (the "Company") to Hudson Bay Master Fund Ltd. (the "Holder") secured by the Security Documents (as defined in the 2017 SPA, as that term is defined below) (the "New Notes") and (ii) 2017 Series A Senior Secured Convertible Note, dated April 17, 2017, in the original principal amount of $14,536,267.65, issued by the Company to the Holder secured by the Security Documents (as defined in the 2016 SPA, as that term is defined below) (as the same has been amended, supplemented, amended and restated, or otherwise modified from time to time, the "2017 Note" and together with the New Notes, each a "Note," and collectively, the "Notes") pursuant to that certain Exchange Agreement, dated as of April 17, 2017, by and between the Company and the Holder (the "Exchange Agreement"). Any and all capitalized t
HUDSON BAY MASTER FUND LTD. c/o Hudson Bay Capital Management LP 777 Third Avenue, 30th Floor New York, New York 10017Forbearance Agreement • August 22nd, 2017 • Great Basin Scientific, Inc. • Surgical & medical instruments & apparatus • New York
On August 16, 2017, the Holder delivered an Event of Default Redemption Notice (the "August Redemption Notice") in accordance with the terms of Section 4(b) of the Note. The August Redemption Notice provided, among other things, and without limiting any right the Holder may have with respect to other Events of Default, defaults or breaches by the Company under the Documents (as defined below), that the Company admitted in writing, in (i) the Form 12b-25, Notification of Late Filing, dated August 15, 2017, filed with the United States Securities and Exchange Commission, and (ii) an email attached to the August Redemption Notice as Exhibit A, that it is generally unable to pay its debts as they become due, which constitutes an Event of Default as set forth in Section 4(a)(vi)(E) of the Note (the "Specified Event of Default"). As used herein, "Documents" means (i) the Note, (ii) that certain Securities Purchase Agreement dated as of December 28, 2015 by and among the Company, the Holder a
