EXHIBIT 4.1 FORM OF 5.0% CONVERTIBLE SUBORDINATED NOTE DUE 2008 DAVE & BUSTER'S, INC. [FORM OF FACE OF NOTE] [THE FOLLOWING PARAGRAPH SHALL APPEAR ON THE FACE OF EACH RESTRICTED NOTE.] THIS SECURITY HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF...Convertible Subordinated Note • August 7th, 2003 • Dave & Busters Inc • Retail-eating places
Contract Type FiledAugust 7th, 2003 Company Industry
Exhibit 4.1 CONVERTIBLE SUBORDINATED NOTEConvertible Subordinated Note • August 6th, 2003 • Adept Technology Inc • Special industry machinery, nec
Contract Type FiledAugust 6th, 2003 Company Industry
EXHIBIT D [FORM OF 9.00% CONVERTIBLE SUBORDINATED NOTE] THIS NOTE AND ANY SECURITIES INTO WHICH THIS NOTE MAY BE CONVERTED (COLLECTIVELY, THE "SECURITIES") HAVE BEEN ACQUIRED FOR INVESTMENT AND HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF...Convertible Subordinated Note • May 15th, 2003 • Esl Investments Inc • Retail-variety stores • Delaware
Contract Type FiledMay 15th, 2003 Company Industry Jurisdiction
LANGER, INC.Convertible Subordinated Note • November 13th, 2001 • Langer Inc • Orthopedic, prosthetic & surgical appliances & supplies • New York
Contract Type FiledNovember 13th, 2001 Company Industry JurisdictionTHIS CONVERTIBLE SUBORDINATED NOTE AND THE SHARES OF COMMON STOCK ISSUABLE UPON CONVERSION HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND ARE NOT TRANSFERABLE EXCEPT UPON THE CONDITIONS SPECIFIED IN THE PURCHASE AGREEMENT REFERRED TO HEREIN.
Exhibit 99.3 $50,000,000 CONVERTIBLE SUBORDINATED NOTE DUE JUNE 15, 2011 THIS SECURITY (OR ITS PREDECESSOR) WAS ORIGINALLY ISSUED IN A TRANSACTION EXEMPT FROM REGISTRATION UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES...Convertible Subordinated Note • June 27th, 2001 • Citigroup Inc • National commercial banks • New York
Contract Type FiledJune 27th, 2001 Company Industry Jurisdiction
Exhibit (d)(3) CONVERTIBLE SUBORDINATED NOTEConvertible Subordinated Note • February 1st, 2001 • Hughes Electronics Corp • Communications services, nec • California
Contract Type FiledFebruary 1st, 2001 Company Industry Jurisdiction
EXHIBIT 2.3Convertible Subordinated Note • June 21st, 1999 • Global Sports Inc • Rubber & plastics footwear • Delaware
Contract Type FiledJune 21st, 1999 Company Industry Jurisdiction
EXHIBIT H THIS NOTE AND THE SECURITIES REPRESENTED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS...Convertible Subordinated Note • June 21st, 1999 • Softbank Holdings Inc Et Al • Rubber & plastics footwear • Delaware
Contract Type FiledJune 21st, 1999 Company Industry Jurisdiction
ARTICLE I BASIC TERMSConvertible Subordinated Note • May 17th, 1999 • Tatham Offshore Inc • Oil & gas field exploration services • New York
Contract Type FiledMay 17th, 1999 Company Industry Jurisdiction
ARTICLE I BASIC TERMSConvertible Subordinated Note • February 12th, 1999 • Tatham Offshore Inc • Oil & gas field exploration services • New York
Contract Type FiledFebruary 12th, 1999 Company Industry Jurisdiction
EXHIBIT 10.2 FORM OF 5% CONVERTIBLE SUBORDINATED NOTE MICRO THERAPEUTICS, INC. 5% Convertible Subordinated Note, due September 30, 2003Convertible Subordinated Note • November 3rd, 1998 • Micro Therapeutics Inc • Pharmaceutical preparations
Contract Type FiledNovember 3rd, 1998 Company Industry
EXHIBIT 4.1 Form of 7% Convertible Subordinated Note ---------------------------------------- WHITTAKER CORPORATION 7% Convertible Subordinated Note due May 1, 2005 No. 1998-__Convertible Subordinated Note • September 14th, 1998 • Whittaker Corp • Miscellaneous fabricated metal products • California
Contract Type FiledSeptember 14th, 1998 Company Industry Jurisdiction
EXHIBIT 4.9 [COPY]Convertible Subordinated Note • June 12th, 1998 • Bolle Inc • Ophthalmic goods
Contract Type FiledJune 12th, 1998 Company IndustryTHIS CONVERTIBLE SUBORDINATED NOTE AND THE SHARES OF COMMON STOCK ISSUABLE UPON CONVERSION HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND ARE NOT TRANSFERABLE EXCEPT UPON THE CONDITIONS SPECIFIED IN THE PURCHASE AGREEMENT REFERRED TO HEREIN.
PETSMART, INC. 6-3/4% CONVERTIBLE SUBORDINATED NOTE DUE 2004 No. 1 CUSIP No. 716768 AA 4Convertible Subordinated Note • March 5th, 1998 • Petsmart Inc • Retail-retail stores, nec • New York
Contract Type FiledMarch 5th, 1998 Company Industry Jurisdiction
TEXOIL, INC.Convertible Subordinated Note • January 9th, 1998 • Texoil Inc /Nv/ • Crude petroleum & natural gas
Contract Type FiledJanuary 9th, 1998 Company Industry
EXHIBIT 4(c) NEITHER THIS NOTE NOR THE SECURITIES WHICH MAY BE ISSUED UPON CONVERSION OF THIS NOTE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY APPLICABLE STATE SECURITIES LAWS, BY REASON OF SPECIFIC EXEMPTIONS THEREUNDER...Convertible Subordinated Note • November 13th, 1997 • National Transaction Network Inc • Services-computer integrated systems design
Contract Type FiledNovember 13th, 1997 Company IndustryThis Note is issued pursuant to and is entitled to the benefits of a certain Convertible Subordinated Note Purchase Agreement, dated as of August 18, 1997, between the Company and International Verifact Inc. (as the same may be amended from time to time, hereinafter referred to as the "Agreement"), and each holder of this Note, by his acceptance hereof, agrees to be bound by the provisions of the Agreement, including, without limitation, that: (i) the principal of and interest on this Note is subordinated to Senior Debt, as defined in the Agreement, (ii) in case of an Event of Default, as defined in the Agreement, the principal of this Note may become or may be declared due and payable in the manner and with the effect provided in the Agreement and (iii) this Note is convertible at the option of the holder hereof into shares of Common Stock of the Company in the manner set forth in this Agreement.
EXHIBIT A FORM OF NOTE BCAM INTERNATIONAL, INC. 10%/13% CONVERTIBLE SUBORDINATED NOTEConvertible Subordinated Note • October 29th, 1997 • Bcam International Inc • Services-engineering services
Contract Type FiledOctober 29th, 1997 Company IndustryThis Note is issued pursuant to a Note Purchase Agreement dated as of September 19, 1997 between the Company and the Purchasers (as defined therein) (the "Agreement") and is entitled to the benefits thereof.
No. _______ CUSIP No. 153443AA4 ____% CONVERTIBLE SUBORDINATED NOTE DUE 2004 Central European Media Enterprises Ltd., a Bermudian corporation (the "Company"), for value received, hereby promises to pay to ________________, or its registered assign,...Convertible Subordinated Note • April 18th, 1997 • Central European Media Enterprises LTD • Television broadcasting stations • New York
Contract Type FiledApril 18th, 1997 Company Industry Jurisdiction
EXHIBIT A THIS NOTE AND THE UNDERLYING SECURITIES HAVE NOT BEEN REGISTERED UNDER EITHER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR APPLICABLE BLUE SKY LAWS, AND IS SUBJECT TO CERTAIN INVESTMENT REPRESENTATIONS. THIS NOTE MAY NOT BE SOLD,...Convertible Subordinated Note • April 14th, 1997 • Liferate Systems Inc • Services-computer integrated systems design • Minnesota
Contract Type FiledApril 14th, 1997 Company Industry Jurisdiction
5,000,000 January 31, 1997 FOR VALUE RECEIVED, the undersigned, Doctors Health System, Inc., a Maryland corporation (hereinafter called the "Company"), hereby promises to pay to Genesis Holdings, Inc. (hereinafter called the "Holder"), at its offices...Convertible Subordinated Note • March 10th, 1997 • Doctors Health System Inc • Services-misc health & allied services, nec
Contract Type FiledMarch 10th, 1997 Company IndustryThis Note is the Convertible Subordinated Note referred to in that certain Note Purchase Agreement, of even date herewith, among the Company, the Holder, and Genesis Health Ventures, Inc. (the "Note Purchase Agreement"), and is secured by the collateral described in (i) that certain Security Agreement, of even date herewith, between the Company and the Holder (the "Security Agreement"), and (ii) that certain Collateral Assignment of Rights Under Physicians Services Organization Agreements, of even date herewith, made by the Company for the benefit of the Holder (the "Assignment"). The Holder is entitled to the benefits of the Note Purchase Agreement, the Security Agreement and the Assignment and reference is made thereto for a description of the collateral and the rights and remedies of the Holder thereunder. Neither the reference to the Note Purchase Agreement, the Security Agreement or to the Assignment, nor any provision thereof, shall affect or impair the absolute and unconditional
4% CONVERTIBLE SUBORDINATED NOTE DUE 2002Convertible Subordinated Note • February 7th, 1997 • Usa Waste Services Inc • Refuse systems
Contract Type FiledFebruary 7th, 1997 Company Industry
1996 Note No.___________ Go-Video, Inc. 10% CONVERTIBLE SUBORDINATED NOTE $250,000 Principal Amount Registered Owner: For value received, Go-Video, Inc., a Delaware corporation (the "Company"), grants the following rights to the registered owner of...Convertible Subordinated Note • November 7th, 1996 • Go Video Inc • Household audio & video equipment
Contract Type FiledNovember 7th, 1996 Company Industry