Subordinated Secured Convertible Promissory Note Sample Contracts

LDR HOLDING CORPORATION [FORM OF] SUBORDINATED SECURED CONVERTIBLE PROMISSORY NOTE
Subordinated Secured Convertible Promissory Note • August 26th, 2013 • LDR Holding Corp • Surgical & medical instruments & apparatus • New York

FOR VALUE RECEIVED, LDR Holding Corporation, a Delaware corporation (the “Company”), promises to pay to [SAMPLE] (the “Holder”), or its registered assigns, the principal amount of [ ] and [ ]/100ths dollars ($[ ]), or such lesser amount as shall equal the outstanding principal amount hereof, together with simple interest from the date of this Secured Convertible Promissory Note (this “Note”) on the unpaid principal balance at a rate equal to six percent (6.0%) per annum, computed on the basis of the actual number of days elapsed and a year of 360 days; provided that all past due principal and accrued interest on this Note shall bear interest from Maturity (as defined below) (whether at scheduled Maturity or upon acceleration of Maturity following an Event of Default (as defined below)) until paid at the lesser of (i) the rate of eleven percent (11%) per annum or (ii) the highest rate for which Company may legally contract under applicable law. An amount equal to one and one-half times

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Contract
Subordinated Secured Convertible Promissory Note • September 3rd, 2020 • Myos Rens Technology Inc. • Pharmaceutical preparations • Delaware

THIS NOTE AND THE SECURITIES ISSUABLE UPON THE CONVERSION HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR UNDER THE SECURITIES LAWS OF CERTAIN STATES. 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.

Contract
Subordinated Secured Convertible Promissory Note • March 27th, 2020 • Sonim Technologies Inc • Telephone & telegraph apparatus • California

THIS AMENDED AND RESTATED SUBORDINATED SECURED CONVERTIBLE PROMISSORY NOTE IS SUBJECT TO THE TERMS OF THE SUBORDINATION AGREEMENT, DATED AS OF OCTOBER 23, 2017, IN FAVOR OF EAST WEST BANK (OR ITS SUCCESSOR THEREUNDER), WHICH SUBORDINATION AGREEMENT (AS AMENDED IN ACCORDANCE WITH ITS TERMS) IS INCORPORATED HEREIN BY REFERENCE.

SECOND AMENDMENT TO SUBORDINATED SECURED CONVERTIBLE PROMISSORY NOTE
Subordinated Secured Convertible Promissory Note • March 30th, 2016 • Lime Energy Co. • Construction - special trade contractors • Delaware

This Second Amendment to Subordinated Secured Convertible Promissory Note (the “Amendment”) is entered into as of March 30, 2016 by and between Lime Energy Co., a Delaware corporation (the “Company”), and Bison Capital Partners IV, L.P. (the “Holder”), and amends that certain Subordinated Secured Convertible Promissory Note, dated as of March 24, 2015, as amended by that certain Amendment to Subordinated Secured Convertible Promissory Note dated March 31, 2015 (the “First Amendment”), by the Company in favor of the Holder (as so amended, the “Note”). The Note is subject to the provisions of that certain Note Purchase Agreement, dated as of March 24, 2015, by and among the Company and the Holder (the “Purchase Agreement”). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Note and the Purchase Agreement.

AMENDMENT TO SUBORDINATED SECURED CONVERTIBLE PROMISSORY NOTE
Subordinated Secured Convertible Promissory Note • April 3rd, 2015 • Lime Energy Co. • Construction - special trade contractors • Delaware

This Amendment to Subordinated Secured Convertible Promissory Note (the “Amendment”) is entered into as of March 31, 2015 by and between Lime Energy Co., a Delaware corporation (the “Company”), and Bison Capital Partners IV, L.P. (the “Holder”), and amends that certain Subordinated Secured Convertible Promissory Note, dated as of March 24, 2015, by the Company in favor of the Holder (the “Note”). The Note is subject to the provisions of that certain Note Purchase Agreement, dated as of March 24, 2015, by and among the Company and the Holder (the “Purchase Agreement”). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Note and the Purchase Agreement.

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