Amended and Restated Notes definition

Amended and Restated Notes means the Amended and Restated 12.5% Senior, Subordinated, Unsecured Promissory Notes of even date herewith delivered by the Company to Xxxxxxx Xxxx, Xxxxxxxx Xxxx, Wynnefield Partners Small Cap Value, L.P., Wynnefield Partners Small Cap Value, L.P. I and Xxxxxxx Xxxxx, which supersede and replace the Original Notes (as such term is defined in the Amended and Restated Notes) as provided therein.

Amended and Restated Notes means the first priority senior secured convertible notes issued on the Fourth Restatement Closing Date by the Borrowers to the Holders, in an aggregate principal amount set forth therein, with the conversion prices set forth therein (provided, that any share price set out in this Agreement shall be subject to adjustment from time to time in the same manner as is set out in Section [4.5] of the Notes with respect to the Conversion Price), in substantially the form attached hereto as Exhibit A, as amended, modified, supplemented or restated from time to time, together with all notes issued in substitution or exchange therefor.

Amended and Restated Notes means the first priority senior secured convertible notes issued on the Tranche 4 Funding Date by the Borrowers to the Purchasers, in an aggregate principal amount equal to the sum of the Fully Accreted Principal Amount immediately prior to the Tranche 4 Advance, plus the Tranche 4 Advance, plus the Restatement Fee due on the Tranche 4 Funding Date, with the conversion prices set forth therein (provided, that any share price set out in this Agreement shall be subject to adjustment from time to time in the same manner as is set out in Section 4.5 of the Notes with respect to the Conversion Price), in substantially the form attached hereto as Exhibit A-2, as amended, modified, supplemented or restated from time to time, together with all notes issued in substitution or exchange therefor.

Examples of Amended and Restated Notes in a sentence

• No consideration shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of any of the Transaction Documents unless the same consideration also is offered to all of the parties to the Transaction Documents, holders of Amended and Restated Notes or holders of the New Warrants, as the case may be.

• From time to time in accordance with the terms of the Amended and Restated Notes, the Company shall issue and deliver to the Investor the Series B Warrants exercisable for such number of ADRs as determined in accordance with the terms of the Amended and Restated Notes.

• Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Amended and Restated Notes.

• All questions concerning the construction, validity, enforcement and interpretation of this Warrant shall be determined in accordance with the provisions of the Amended and Restated Notes.

• Failing such appointment and notification, the holders of Amended and Restated Notes representing not less than a majority of the aggregate principal amount of the then outstanding Amended and Restated Notes shall be entitled by notice to the Company to appoint a replacement agent to act on the Company's behalf.

More Definitions of Amended and Restated Notes

Amended and Restated Notes means, collectively, the $2,500,000 Amended and Restated Note and the $7,500,000 Amended and Restated Note.

Amended and Restated Notes means (i) the promissory notes of the Company amended and restated pursuant to subsection 2.1D(i) on the Conversion Date with respect to the Term Loans and (ii) any promissory notes issued by the Company pursuant to the last sentence of subsection 9.1B(i) in connection with assignments of the Term Loan Commitments or Term Loans of any Lenders, in each case substantially in the form of Exhibit III-B annexed hereto, as they may be amended, supplemented or otherwise modified from time to time.

Amended and Restated Notes means, collectively, the Second Amended and Restated Note (Plan A) and the Second Amended and Restated Note (Plan B).

Amended and Restated Notes means the "Amended and Restated Notes" issued pursuant to the Purchase Agreement, as amended, modified, restated, superseded or replaced from time to time, and any Amended and Restated Notes issued upon the exchange or transfer or in replacement or substitution of all or any portion of the outstanding principal amount of such Amended and Restated Notes.

Amended and Restated Notes shall have the meaning ascribed to such term in Section 2.1(b).

Amended and Restated Notes means those certain Convertible Notes of VitalStream issuable upon cancellation of the Original Notes in the Exchange pursuant to this Agreement, in the form of Exhibit B attached hereto, as amended, modified, restated, superceded or replaced from time to time.

Amended and Restated Notes means the amended and restated 9.75% senior secured convertible notes issued by the Company on the Amendment Date to the Holder and the other holders in the aggregate principal amount of $13,537,687.48 and secured by the assets of the Company.