Examples of Payment Notes in a sentence
If at any time, any of the Termination Fee Notes are released from --------- escrow and delivered to AOLA, AOLB or Itau pursuant to the terms of this Escrow Agreement, then within three (3) Business Days thereafter, all of the Reference Payment Notes (Brazil) and the Reference Payment Notes (Caymans) shall be released from escrow and shall be delivered to Itau by hand delivery or by reputable overnight mail service.
Any payments of cash by the Company contemplated by this Agreement (including this Section 7.7) may be funded in whole or in part by the issuance of Payment Notes to the Trustee and by the Trustee's subsequent sale of such Payment Notes on the principal national securities exchange on which such Payment Notes are listed or, if such Payment Notes are not so listed, on NMS/NASDAQ.
Itau further expressly acknowledges and agrees that all of the Reference Payment Notes (Caymans) and all of the Termination Fee Notes (Caymans) are valid and enforceable promissory notes under the laws of the Caymans Islands, and Itau hereby waives any right to dispute the validity or enforceability of such Notes under the laws of the Caymans Islands.
The security interest granted hereunder shall be shared, pro-rata, based upon the amounts then owed, including accrued interest, to the Payee, all other payees under notes in similar form in the aggregate amount, together with this Note, of $1,000,000, the payees under the Interest Payment Notes, the holder of the Maker's 9% Secured Note in the face amount of $200,000 and the holder of the Maker's 8% Secured Note and related line of credit in the aggregate amount of $1,000,000.
At any time after March 31, 2001, the Company may, at its option and upon twenty (20) trading days prior written notice, pay the principal and accrued interest on the Note and any Interest Payment Notes by issuing shares of Common Stock valued at eighty-five (85) percent of the average closing price of the shares during the first fifteen (15) of the eighteen (18) trading days immediately preceding the date of payment.
Interest Payment Notes shall be identical in form to this Note, except that interest thereon shall be due at the Maturity Date, as defined below.
Nothing in this Section 7.7 shall require the Company to issue any Payment Notes to any Holder.
Itau ------------------------------------------------------- expressly acknowledges and agrees that all of the Reference Payment Notes (Brazil) and all of the Termination Fee Notes (Brazil) are valid and enforceable promissory notes under the laws of Brazil, and Itau hereby waives any right to dispute the validity or enforceability of such Notes under the laws of Brazil.
Itau has herewith delivered to the Escrow Agent ----------------- and the Escrow Agent hereby acknowledges receipt of the original Reference Payment Notes (Brazil), the Reference Payment Notes (Caymans), the Termination Fee Notes (Brazil), and the Termination Fee Notes (Caymans) (collectively, the "Notes").
Unless sooner terminated pursuant to Article 4, the term of Employee's employment under this Agreement (the "Term") shall commence on the Effective Date and continue until the later to occur of (i) repayment in full of all Payment Notes (as defined in and issued pursuant to the Option Exercise Agreement), (ii) such date as the Employer's Interest in the Policy (as such terms are defined in the Split Dollar Agreement) is zero and (iii) the expiration of the Continuation Period.