Notices Etc Clause Example with 4 Variations from Business Contracts

Notices Etc. Any notice All notices required by the provisions of this Note will or permitted hereunder shall be in writing and will shall be deemed effectively given: (a) upon personal delivery to the party to be notified; notified, (b) when sent by confirmed telex or facsimile if sent during normal business hours of the recipient; recipient, if not, then on the next business day; day, (c) three (3) ______ (__) days after having been sent by registered or certified mail, return receipt requested, postage pr...epaid; prepaid, or (d) one (1) ______ (__) day after deposit with a nationally recognized overnight courier, specifying next day delivery, with written verification of receipt, and delivered as follows: If receipt. All communications shall be sent to the Borrower: Accelerize Inc. 20411 SW Birch Street, Suite 250 Newport Beach, CA 92660 Attention: President Company and Chief Executive Officer Facsimile Number: [ ] If to Lender: NAME: ________________________ ADDRESS: ________________________ ________________________ Attention: ________________________ Facsimile Number: ________________________ or, as to each party, Holder at the respective address listed on the signature page, or at such other address as shall be designated the Company or Holder may designate by such party in a ______ (__) days advance written notice to the other parties IN WITNESS WHEREOF, the undersigned has executed this Note as of the date first set forth above. ACCELERIZE INC. By:_______________________________ Name: Brian Ross Title: President and Chief Executive Officer EX-10.1 3 ex10-1.htm EXHIBIT 10.1 ex10-1.htm Exhibit 10.1 This Promissory Note and the indebtedness evidenced hereby are subordinate in the manner and to the extent set forth in that certain Subordination Agreement (the "Subordination Agreement") dated as of August [•], 2017 among SaaS Capital Funding II, LLC, each of the Junior Creditors signatory thereto and Accelerize Inc., a Delaware corporation, to the Senior Debt (as defined in the Subordination Agreement); and each holder of this Note, by its acceptance hereof, shall be bound by the provisions of the Subordination Agreement. PROMISSORY NOTE $__________ August [__], 2017 FOR VALUE RECEIVED, the undersigned, Accelerize Inc., a Delaware corporation (referred to herein as the "Borrower"), with offices at 20411 SW Birch Street, Suite 250, Newport Beach, CA 92660, hereby unconditionally promises to pay to the order of [_____________________] (the "Lender"), in lawful money of the United States, at [__________________________________], or such other address as the Lender may from time to time designate, the principal sum of ______________ Dollars ($________) (the "Principal"). This Note shall mature and become due and payable in full on August [__], 2019 (the "Maturity Date"). hereto. View More

Notices Etc. All statements, requests, notices and agreements hereunder shall be in writing, and: (a) if to the Initial Purchasers, shall be delivered or sent by mail or facsimile transmission to (a) BofA Securities, Inc. at One Bryant Park, New York, New York 10036, Email: [________], Attention: Syndicate Department, with a copy to: Email: [________], Attention: ECM Legal and (b) Jefferies LLC, 520 Madison Avenue, New York, New York 10022, Attention: General Counsel; and (b) if to the Company, shall be deli...vered or sent by mail or facsimile transmission to InterDigital, Inc., 200 Bellevue Parkway, Suite 300, Wilmington, Delaware 19809-3727, Attention: Richard J. Brezski, Chief Financial Officer and Treasurer (Fax: [________]), with a copy to Joshua Schmidt, Chief Legal Officer and Corporate Secretary (Fax: [________]). 29 Any such statements, requests, notices or agreements shall take effect at the time of receipt thereof. The Company shall be entitled to act and rely upon any request, consent, notice required or agreement given or made on behalf of the Initial Purchasers by the provisions of this Note will be in writing and will be deemed effectively given: (a) upon personal delivery to the party to be notified; (b) when sent by confirmed facsimile if sent during normal business hours of the recipient; if not, then on the next business day; (c) three (3) days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one (1) day after deposit with a nationally recognized overnight courier, specifying next day delivery, with written verification of receipt, and delivered as follows: If to the Borrower: Accelerize Inc. 20411 SW Birch Street, Suite 250 Newport Beach, CA 92660 Attention: President and Chief Executive Officer Facsimile Number: [ ] If to Lender: NAME: ________________________ ADDRESS: ________________________ ________________________ Attention: ________________________ Facsimile Number: ________________________ or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties IN WITNESS WHEREOF, the undersigned has executed this Note as of the date first set forth above. ACCELERIZE INC. By:_______________________________ Name: Brian Ross Title: President and Chief Executive Officer EX-10.1 3 ex10-1.htm EXHIBIT 10.1 ex10-1.htm Exhibit 10.1 This Promissory Note and the indebtedness evidenced hereby are subordinate in the manner and to the extent set forth in that certain Subordination Agreement (the "Subordination Agreement") dated as of August [•], 2017 among SaaS Capital Funding II, LLC, each of the Junior Creditors signatory thereto and Accelerize Inc., a Delaware corporation, to the Senior Debt (as defined in the Subordination Agreement); and each holder of this Note, by its acceptance hereof, shall be bound by the provisions of the Subordination Agreement. PROMISSORY NOTE $__________ August [__], 2017 FOR VALUE RECEIVED, the undersigned, Accelerize Inc., a Delaware corporation (referred to herein as the "Borrower"), with offices at 20411 SW Birch Street, Suite 250, Newport Beach, CA 92660, hereby unconditionally promises to pay to the order of [_____________________] (the "Lender"), in lawful money of the United States, at [__________________________________], or such other address as the Lender may from time to time designate, the principal sum of ______________ Dollars ($________) (the "Principal"). This Note shall mature and become due and payable in full on August [__], 2019 (the "Maturity Date"). Representatives. View More

Notices Etc. Any notice All notices required by the provisions of this Note will or permitted hereunder shall be in writing and will shall be deemed effectively given: (a) upon personal delivery to the party to be notified; notified, (b) when sent by confirmed telex or facsimile if sent during normal business hours of the recipient; recipient, if not, then on the next business day; day, (c) three (3) five (5) days after having been sent by registered or certified mail, return receipt requested, postage prepa...id; prepaid, or (d) one (1) day after deposit with a nationally recognized overnight courier, specifying next day delivery, with written verification of receipt, and delivered as follows: If receipt. All communications shall be sent to the Borrower: Accelerize Inc. 20411 SW Birch Street, Suite 250 Newport Beach, CA 92660 Attention: President Company at the address listed on the signature page and Chief Executive Officer Facsimile Number: [ ] If to Lender: NAME: ________________________ ADDRESS: ________________________ ________________________ Attention: ________________________ Facsimile Number: ________________________ or, as to each party, Holder at [___________________] or at such other address as shall be designated the Company or Holder may designate by such party in a ten (10) days advance written notice to the other parties IN WITNESS WHEREOF, the undersigned has executed this Note as of the date first set forth above. ACCELERIZE INC. By:_______________________________ Name: Brian Ross Title: President and Chief Executive Officer EX-10.1 3 ex10-1.htm EXHIBIT 10.1 ex10-1.htm Exhibit 10.1 This Promissory Note and the indebtedness evidenced hereby are subordinate in the manner and to the extent set forth in that certain Subordination Agreement (the "Subordination Agreement") dated as of August [•], 2017 among SaaS Capital Funding II, LLC, each of the Junior Creditors signatory thereto and Accelerize Inc., a Delaware corporation, to the Senior Debt (as defined in the Subordination Agreement); and each holder of this Note, by its acceptance hereof, shall be bound by the provisions of the Subordination Agreement. PROMISSORY NOTE $__________ August [__], 2017 FOR VALUE RECEIVED, the undersigned, Accelerize Inc., a Delaware corporation (referred to herein as the "Borrower"), with offices at 20411 SW Birch Street, Suite 250, Newport Beach, CA 92660, hereby unconditionally promises to pay to the order of [_____________________] (the "Lender"), in lawful money of the United States, at [__________________________________], or such other address as the Lender may from time to time designate, the principal sum of ______________ Dollars ($________) (the "Principal"). This Note shall mature and become due and payable in full on August [__], 2019 (the "Maturity Date"). hereto. View More

Notices Etc. Any notice required by the provisions of this Note will be in writing and will be deemed effectively given: (a) upon personal delivery to the party to be notified; (b) when sent by confirmed facsimile if sent during normal business hours of the recipient; if not, then on the next business day; (c) three (3) days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one (1) day after deposit with a nationally recognized overnight courier, specif...ying next day delivery, with written verification of receipt, and delivered as follows: If to the Borrower: Accelerize Inc. 20411 SW Birch Street, Suite 250 Newport Beach, CA 92660 Attention: President and Chief Executive Officer Facsimile Number: [ ] If to Lender: NAME: ________________________ ADDRESS: ________________________ ________________________ Attention: ________________________ Facsimile Number: ________________________ or, as to each party, at such other address as shall be designated by such party in a written notice to the other parties IN WITNESS WHEREOF, the undersigned has executed this Note as of the date first set forth above. ACCELERIZE INC. By:_______________________________ Name: Brian Ross Title: President and Chief Executive Officer EX-10.1 3 ex10-1.htm EXHIBIT 10.1 ex10-1.htm Exhibit 10.1 This Promissory Note Form of New Lender Warrant THIS WARRANT AND THE COMMON STOCK SHARES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"). THIS WARRANT AND THE COMMON STOCK SHARES ISSUABLE UPON EXERCISE OF THIS WARRANT MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO ACCELERIZE INC. THAT SUCH REGISTRATION IS NOT REQUIRED. Right to Purchase up to ___,000 shares of Common Stock of Accelerize Inc. (subject to adjustment as provided herein) COMMON STOCK PURCHASE WARRANT No. _____ Issue Date: August 31, 2018 ACCELERIZE INC., a corporation organized and existing under the indebtedness evidenced laws of the State of Delaware (the "Company"), hereby are subordinate in the manner and certifies that, for value received, __________ or its assigns (the "Holder") is entitled, subject to the extent terms set forth in that certain Subordination Agreement below, to purchase from the Company at any time after August 31, 2018 (the "Subordination Agreement") dated as of August [•], 2017 among SaaS Capital Funding II, LLC, each "Issue Date") until 5:00 p.m., Eastern Time, on the sixth (6th) anniversary of the Junior Creditors signatory thereto Issue Date (the "Expiration Date"), up to _____,000 fully paid and Accelerize Inc., nonassessable shares of Common Stock at a Delaware corporation, per share purchase price of $0.35. The aforementioned purchase price per share, as adjusted from time to the Senior Debt (as defined in the Subordination Agreement); and each holder of this Note, by its acceptance hereof, shall be bound by the provisions of the Subordination Agreement. PROMISSORY NOTE $__________ August [__], 2017 FOR VALUE RECEIVED, the undersigned, Accelerize Inc., a Delaware corporation (referred time as herein provided, is referred to herein as the "Borrower"), with offices "Purchase Price." The number and character of such shares of Common Stock and the Purchase Price are subject to adjustment as provided herein. The Company may reduce the Purchase Price without the consent of the Holder. As used herein the following terms, unless the context otherwise requires, have the following respective meanings: (a) The term "Company" shall include Accelerize Inc. and any corporation which shall succeed or assume the obligations of Accelerize Inc. hereunder. (b) The term "Common Stock" includes (i) the Company's Common Stock, $0.001 par value per share, and (ii) any other securities into which or for which any of the securities described in (i) may be converted or exchanged pursuant to a plan of recapitalization, reorganization, merger, sale of assets or otherwise. (c) The term "Other Securities" refers to any stock (other than Common Stock) and other securities of the Company or any other person (corporate or otherwise) which the holder of the Warrant at 20411 SW Birch Street, Suite 250, Newport Beach, CA 92660, hereby unconditionally promises any time shall be entitled to pay receive, or shall have received, on the exercise of the Warrant, in lieu of or in addition to Common Stock, or which at any time shall be issuable or shall have been issued in exchange for or in replacement of Common Stock or Other Securities pursuant to the order terms herein. (d) The term "Warrant Shares" shall mean the Common Stock issuable upon exercise of [_____________________] (the "Lender"), in lawful money of the United States, at [__________________________________], or such other address as the Lender may from time to time designate, the principal sum of ______________ Dollars ($________) (the "Principal"). This Note shall mature and become due and payable in full on August [__], 2019 (the "Maturity Date"). this Warrant. View More