THIS NOTE AND THE SECURITIES ISSUABLE UPON CONVERSION HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR APPLICABLE STATE SECURITIES LAWS, AND MAY NOT BE SOLD, TRANSFERRED, OR OTHERWISE DISPOSED OF IN THE...Senior Secured Note • March 13th, 2008 • Total Luxury Group Inc • Blank checks • New York
SENIOR SECURED NOTESenior Secured Note • November 17th, 2015 • Ho Chi Sing • Services-computer processing & data preparation • New York
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), AND MAY NOT BE SOLD OR OTHERWISE TRANSFERRED UNLESS A REGISTRATION STATEMENT UNDER THE ACT WITH RESPECT TO THIS NOTE HAS BECOME EFFECTIVE OR UNLESS THE HOLDER ESTABLISHES THAT AN EXEMPTION FROM SUCH REGISTRATION IS AVAILABLE.
Exhibit 10.17 ----------------------------------------------------------------- --------------- The Securities represented by this Note have not been registered under the Securities Act of 1933, as amended ("Act"), or applicable state securities laws...Senior Secured Note • December 23rd, 2004 • Maverick Oil & Gas, Inc. • Gold and silver ores • Texas
New York, New York ___________, 1999 CONVERSION TECHNOLOGIES INTERNATIONAL, INC., a Delaware corporation, (the "Company"), for value received, hereby promises to pay to The Aries Domestic Fund, L.P., a Delaware limited partnership, or its registered...Senior Secured Note • December 1st, 1999 • Conversion Technologies International Inc • Abrasive, asbestos & misc nonmetallic mineral prods • New York
EXHIBIT 10.28 FORM THIS NOTE WAS ORIGINALLY ISSUED EFFECTIVE AS OF MAY 16, 2002 PURSUANT TO PAYMENT OBLIGATIONS UNDER EACH OF THE NACS CONTRACT AND THE FWACS CONTRACT (AS SUCH TERMS ARE HEREINAFTER DEFINED) AND AN ORDER OF THE UNITED STATES BANKRUPTCY...Senior Secured Note • July 3rd, 2003 • Flag Telecom Group LTD • Telephone communications (no radiotelephone) • New York
FORM OF SENIOR SECURED NOTE]Senior Secured Note • November 7th, 2024 • Digital Ally, Inc. • Radio & tv broadcasting & communications equipment • New York
THIS SECURITY HAS NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS. THIS SECURITY MAY BE PLEDGED IN CONNECTION WITH A BONA FIDE MARGIN ACCOUNT WITH A REGISTERED BROKER-DEALER OR OTHER LOAN WITH A FINANCIAL INSTITUTION THAT IS AN “ACCREDITED INVESTOR” AS DEFINED IN RULE 501(a) UNDER THE SECURITIES ACT OR OTHER LOAN SECURED BY SUCH SECURITIES. ANY TRANSFEREE OF THIS NOTE SHOULD CAREFULLY REVIEW THE TERMS OF THIS NOTE, INCLUDING SECTIONS 3 AND 18(a) HEREOF. THE PRINCIPAL AMOUNT REPRESENTED BY THIS NOTE MAY BE L
INSITE VISION INCORPORATED SENIOR SECURED NOTESenior Secured Note • August 22nd, 2003 • Insite Vision Inc • Pharmaceutical preparations • California
FOR VALUE RECEIVED, InSite Vision Incorporated, a Delaware corporation (the “Maker”), promises to pay to the order of MHU Ventures, Inc. (“Holder”), at , the principal sum of Fifty Thousand Dollars ($50,000.00), together with all accrued interest thereon, upon the terms and conditions specified below. This Note is secured by that certain Security Agreement dated as of July 15, 2003, as the same may be amended from time to time. This Senior Secured Note replaces the Promissory Note to the Holder originally dated June 30, 2003, and the Waiver to Promissory Note dated July 15, 2003.
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AND MAY NOT BE SOLD, TRANSFERRED OR OTHERWISE DISPOSED OF UNLESS REGISTERED UNDER THAT ACT OR AN EXEMPTION FROM REGISTRATION IS AVAILABLE. NEPHROS, INC. Senior Secured Note Due: May...Senior Secured Note • November 14th, 2013 • Nephros Inc • Surgical & medical instruments & apparatus • Delaware
Nephros, Inc., a Delaware corporation (the “Company”), for value received, hereby promises to pay to the order of LAMBDA INVESTORS LLC (the “Lender”) or its registered assigns, the principal sum of ONE MILLION FIVE HUNDRED THOUSAND DOLLARS And No Cents ($1,500,000) on or before May 12, 2014, and to pay interest (computed on the basis of a 360-day year consisting of twelve 30-day months) from the date hereof on the unpaid principal amount hereof at the rate of 12% per annum (but in no event in excess of the maximum non-usurious rate of interest permitted under applicable law), payable at the time the principal amount hereof shall have become due and payable, whether at maturity or by acceleration or otherwise, and thereafter at the rate of 16% per annum on any overdue principal amount and (to the extent permitted by applicable law) on any overdue interest until paid (but in no event in excess of the maximum non-usurious rate of interest permitted under applicable law).
ContractSenior Secured Note • May 1st, 2015 • Advanced Cannabis Solutions, Inc. • Oil & gas field services, nec • Delaware
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED OR THE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES. THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED, TRANSFERRED OR ASSIGNED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT FOR THE NOTE UNDER APPLICABLE SECURITIES LAWS OR UNLESS OFFERED, SOLD, PLEDGED, HYPOTHECATED OR TRANSFERRED PURSUANT TO AN AVAILABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THOSE LAWS.
SENIOR SECURED NOTESenior Secured Note • July 29th, 2010 • USA Synthetic Fuel Corp • Natural gas distribution • Ohio
This Senior Secured Note (“Note”) is made this 11th day of June, 2010 (“Effective Date”) by USA Synthetic Fuel Corporation, a corporation organized under the laws of the State of Delaware (“Maker” or “USASF”) to the order of Global Energy, Inc., a corporation organized under the laws of the State of Ohio (“Lender”).
CERTAIN INFORMATION IDENTIFIED WITH THE MARK “(***)” HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE SUCH INFORMATION IS BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. SENIOR SECURED NOTESenior Secured Note • February 1st, 2024 • Flyexclusive Inc. • Air transportation, nonscheduled • New York
This Senior Secured Note (this “Note”) is entered into as of January 26, 2024 (the “Closing Date”) by and among FlyExclusive Jet Share, LLC, a North Carolina limited liability company (the “Borrower”), flyExclusive, Inc., a Delaware corporation (“Parent”) and LGM Enterprises, LLC a North Carolina limited liability company (“Holdings”), as guarantors (collectively in such capacity, Parent and Holdings are the “Parent Guarantors” and, together with the Borrower, the “Obligors”), ETG FE LLC, a Delaware limited liability company or its registered assigns, as the initial holder of this Note (in such capacity, the “Initial Noteholder”), any Noteholders party hereto from time to time, Kroll Agency Services, Limited, a company incorporated under the laws of England and Wales, as administrative agent (in such capacity, the “Administrative Agent”) and Kroll Trustee Services, Limited, a company incorporated under the laws of England and Wales, as collateral agent (in such capacity, the “Collatera
SENIOR SECURED NOTESenior Secured Note • March 10th, 2006 • Lightspace Corp • Electric lighting & wiring equipment • New York
FOR VALUE RECEIVED, the undersigned, a Delaware corporation having an address at 125 CambridgePark Drive, 4th Floor, Cambridge, MA 02140, hereby promises to pay to the order of [Noteholder], or assigns ("Lender"), at its offices located at [Address] or at such other place as the Lender may from time to time designate to the undersigned in writing, on April 14, 2006, or such earlier date as required hereunder, the sum of [Amount] at a rate per annum equal to eight percent (8%). In no event, however, shall interest hereunder be in excess of the maximum interest rate permitted by law.
A-1Senior Secured Note • April 26th, 2004 • Celerity Group Inc • Semiconductors & related devices
ContractSenior Secured Note • November 13th, 2018 • Staffing 360 Solutions, Inc. • Services-help supply services
THIS NOTE HAS NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS AS EVIDENCED BY A LEGAL OPINION OF COUNSEL TO THE TRANSFEROR TO SUCH EFFECT. THIS NOTE MAY BE PLEDGED IN CONNECTION WITH A BONA FIDE MARGIN ACCOUNT OR OTHER LOAN SECURED BY SUCH SECURITIES.
SENIOR NOTESenior Secured Note • December 10th, 2024 • Foxo Technologies Inc. • Services-commercial physical & biological research • Florida
THIS SECURITY HAS NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS.
INSITE VISION INCORPORATED AMENDED AND RESTATED SENIOR SECURED NOTESenior Secured Note • March 31st, 2006 • Insite Vision Inc • Pharmaceutical preparations • California
WHEREAS, InSite Vision Incorporated, a Delaware corporation (the “Maker” or the “Company”) and S. Kumar Chandrasekaran, Ph.D., (“Holder”) desire to amend and restate that certain Senior Secured Note dated as of July 15, 2003 in the manner set forth below;
AMENDED NOTESenior Secured Note • June 7th, 2000 • Pick Communications Corp • Telephone communications (no radiotelephone)
] [Insert Date]Senior Secured Note • December 22nd, 2017 • Institute for Wealth Holdings, Inc. • Investment advice • Texas
FOR VALUE RECEIVED, the undersigned, Institute for Wealth Holdings, Inc., a Delaware corporation (“Maker”), hereby promises to pay to the order of [Payee Name] (“Payee”), at Payee’s address at [Payee Address], the principal amount of $[ ], together with interest on the unpaid principal balance, payable in accordance with the terms of this Note. This Note is executed and delivered pursuant to that certain Note Purchase Agreement, dated as of the date hereof, between Payee and Maker (the “Note Agreement”).
FOCUS ENHANCEMENTS, INC. AMENDED AND RESTATED SENIOR SECURED NOTE DUE JANUARY 1, 2011Senior Secured Note • February 15th, 2008 • Focus Enhancements Inc • Computer communications equipment • New York
This Amended and Restated Senior Secured Note Due January 1, 2011 hereby amends and restates in its entirety the Senior Secured Convertible Note Due January 1, 2011 that was executed on January 24, 2006 by FOCUS ENHANCEMENTS, INC. This Note is one of those issued pursuant to an Amended and Restated Senior Secured Note Purchase Agreement of even date herewith (the “Purchase Agreement”) among the Company (as identified below) and the “Purchasers” named therein, which Purchasers include the holder of this Note and other like Notes (collectively the “Notes”). Unless otherwise specified in this Note, the Holder of this Note shall be Ingalls & Snyder LLC as nominee for the actual Holder.
AMENDMENT AND ALLONGE TO SENIOR SECURED NOTESenior Secured Note • June 12th, 2015 • Onstream Media CORP • Services-computer integrated systems design • New York
This AMENDMENT AND ALLONGE (this “Amendment”), effective as of April 30, 2015, is by and among ONSTREAM MEDIA CORPORATION (the “Company”), INFINITE CONFERENCING, INC. (“ICI”), ENTERTAINMENT DIGITAL NETWORK, INC. (“EDNI”), AV ACQUISITION, INC. (“AAI”), ONSTREAM CONFERENCING CORPORATION (“OCC”), MEDIA ON DEMAND, INC. (“MOD”), HOTEL VIEW CORPORATION (“HVC”), OSM ACQUISITION INC. (“OSM”) and AUCTION VIDEO JAPAN, INC. (“AVJI”) (the Company, ICI, EDNI, AAI, OCC, MOD, HVC, OSM and AVJI shall be referred to collectively as the “Borrowers”) and SIGMA OPPORTUNITY FUND II, LLC (the “Holder”).
ContractSenior Secured Note • November 14th, 2003 • Senetek PLC /Eng/ • Biological products, (no disgnostic substances) • New York
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED. THIS NOTE MAY NOT BE SOLD OR TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION OR AN EXEMPTION THEREFROM UNDER SUCH ACT. THIS NOTE IS SUBJECT IN ALL RESPECTS TO THE PROVISIONS OF THE SECURITIES PURCHASE AGREEMENT DESCRIBED BELOW.
January 5, 2018 Michael Feinsod Infinity Capital, LLCSenior Secured Note • January 8th, 2018 • General Cannabis Corp • Services-detective, guard & armored car services • New York
AMENDMENT NO. 1 TO SENIOR SECURED NOTESenior Secured Note • March 9th, 2023 • Agrify Corp • Agricultural services
This AMENDMENT NO. 1 TO SENIOR SECURED NOTE, dated as of March 9, 2023 (this “Amendment”), is entered into by and among Agrify Corporation, a Nevada corporation (the “Company”) and High Trail Special Situations LLC, a Delaware limited liability company (“Holder”).
AMENDED AND RESTATED SENIOR SECURED NOTESenior Secured Note • September 17th, 2004 • Specialty Underwriters Alliance, Inc. • Fire, marine & casualty insurance
FOR VALUE RECEIVED, the undersigned, SPECIALTY UNDERWRITERS’ ALLIANCE, INC., a Delaware corporation, with a principal place of business located at 8585 Stemmons Fwy., Suite 200, South Tower, Dallas, Texas 75247 (the “Borrower”), promises to pay to the order of FRIEDMAN, BILLINGS, RAMSEY GROUP, INC., a Virginia corporation, whose address is Potomac Tower, 1001 Nineteenth Street North, 18th Floor, Arlington, Virginia 22209 (“FBR”) on or before the Maturity Date, in lawful money of the United States of America, the principal sums set forth on the Schedule of Advances attached hereto, which are not to exceed at any one time TWO MILLION AND 00/100 DOLLARS ($2,000,000), plus interest at the times and in the amounts and manner as provided in the Amended and Restated Senior Loan and Security Agreement (as it may be supplemented and amended from time to time, the “Agreement”), amended and restated as of July 23, 2004, between the Borrower, the Holder named above and the other senior lender iden
ContractSenior Secured Note • March 25th, 2010 • RAIT Financial Trust • Real estate investment trusts
THIS SECURITY HAS NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR AFTER RECEIPT BY THE COMPANY OF AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE SECURITIES ACT.
FACE OF NOTE] TRAC INTERMODAL LLC TRAC INTERMODAL CORP 11% Senior Secured Note due 2019Senior Secured Note • April 26th, 2013 • TRAC Logistics LLC • Truck trailers • New York
TRAC INTERMODAL LLC, a Delaware limited liability company (the “Company,” which term includes any successor Person under the Indenture hereinafter referred to) and TRAC INTERMODAL CORP., a Delaware corporation (the “Co-Issuer,” which term includes any successor Person under the Indenture hereinafter referred to, and, together with the Company, the “Issuers”), for value received, promises to pay to, or its registered assigns, the principal sum of Dollars ($ ), on August 15, 2019.
˜ ]% Senior Secured Note due 2027Senior Secured Note • May 11th, 2020 • Bloom Energy Corp • Electrical industrial apparatus
[Cede & Co.] [ ], or its registered assigns, the principal sum [of Dollars] [listed on the Schedule of Increases or Decreases in Global Security attached hereto]1 on or before March 31, 2027 as set forth in this Security.
ContractSenior Secured Note • September 20th, 2024 • Rennova Health, Inc. • Services-general medical & surgical hospitals, nec • Florida
THIS SECURITY HAS NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS.
THIRD AMENDMENT AND ALLONGE TO SENIOR SECURED NOTESenior Secured Note • June 12th, 2015 • Onstream Media CORP • Services-computer integrated systems design • New York
This THIRD AMENDMENT AND ALLONGE (this “Third Amendment”), effective as of September 15, 2014, is by and among ONSTREAM MEDIA CORPORATION (the “Company”), INFINITE CONFERENCING, INC. (“ICI”), ENTERTAINMENT DIGITAL NETWORK, INC. (“EDNI”), AV ACQUISITION, INC. (“AAI”), ONSTREAM CONFERENCING CORPORATION (“OCC”), MEDIA ON DEMAND, INC. (“MOD”), HOTEL VIEW CORPORATION (“HVC”), OSM ACQUISITION INC. (“OSM”) and AUCTION VIDEO JAPAN, INC. (“AVJI”) (the Company, ICI, EDNI, AAI, OCC, MOD, HVC, OSM and AVJI shall be referred to collectively as the “Borrowers”) and SIGMA OPPORTUNITY FUND II, LLC (the “Holder”).
ContractSenior Secured Note • December 4th, 2006 • Nexmed Inc • Pharmaceutical preparations
THIS SECURITY HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS AND MAY NOT BE SOLD OR TRANSFERRED UNLESS THE REGISTRATION PROVISIONS OF THE SAID ACT AND APPLICABLE STATE SECURITIES LAWS HAVE BEEN COMPLIED WITH OR UNLESS COMPLIANCE WITH SUCH PROVISIONS IS NOT REQUIRED.
ContractSenior Secured Note • February 12th, 2020 • Edison Nation, Inc. • Games, toys & children's vehicles (no dolls & bicycles) • Nevada
THIS NOTE AND THE SECURITIES ISSUABLE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 (THE "ACT"), AS AMENDED, OR UNDER THE SECURITIES LAWS OF ANY STATE. THESE SECURITIES MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED EXCEPT AS PERMITTED UNDER THE ACT AND APPLICABLE STATE SECURITIES LAWS PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT OR AN EXEMPTION THEREFROM. THE ISSUER OF THESE SECURITIES MAY REQUIRE AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE ISSUER THAT SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION OTHERWISE COMPLIES WITH THE ACT AND ANY APPLICABLE STATE SECURITIES LAWS.
ContractSenior Secured Note • June 24th, 2008 • Proelite, Inc. • Services-amusement & recreation services • California
THIS NOTE (AS DEFINED BELOW) HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF (A) AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS NOTE UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR (B) AN EXEMPTION FROM SUCH REGISTRATION REQUIREMENTS.
AMENDMENT 1 TO THE SENIOR SECURED NOTESenior Secured Note • April 19th, 2011 • USA Synthetic Fuel Corp • Natural gas distribution
This Amendment 1 to the Senior Secured Note (“Note”) is made this 15th day of March, 2011 (“Effective Date”) by USA Synthetic Fuel Corporation, a corporation organized under the laws of the State of Delaware (“Maker” or “USASF”) to the order of Global Energy, Inc., a corporation organized under the laws of the State of Ohio (“Lender”).
ContractSenior Secured Note • June 20th, 2014 • Advanced Drainage Systems, Inc. • Plastics foam products
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”) OR THE SECURITIES LAWS OF ANY STATE OR OTHER JURISDICTION. THIS NOTE MAY NOT BE OFFERED, SOLD, OR OTHERWISE TRANSFERRED EXCEPT (1) PURSUANT TO AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OR (2) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT, IN EACH CASE IN ACCORDANCE WITH ALL APPLICABLE FEDERAL AND STATE SECURITIES LAWS.
ContractSenior Secured Note • August 3rd, 2009 • RAIT Financial Trust • Real estate investment trusts
THIS SECURITY HAS NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR AFTER RECEIPT BY THE COMPANY OF AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE SECURITIES ACT.
