Reissuance of This Note Clause Example with 95 Variations from Business Contracts
This page contains Reissuance of This Note clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Reissuance of This Note. (a) Transfer. If this Note is to be transferred, the Holder shall surrender this Note to the Company, whereupon the Company will forthwith issue and deliver upon the order of the Holder a new Note (in accordance with Section 18(d)), registered as the Holder may request, representing the outstanding Principal being transferred by the Holder and, if less than the entire outstanding Principal is being transferred, a new Note (in accordance with Section 18(d)) to the Holder representing the outstand...ing Principal not being transferred. The Holder and any assignee, by acceptance of this Note, acknowledge and agree that, by reason of the provisions of Section 3(c)(iii) following conversion or redemption of any portion of this Note, the outstanding Principal represented by this Note may be less than the Principal stated on the face of this Note. (b) Lost, Stolen or Mutilated Note. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Note (as to which a written certification and the indemnification contemplated below shall suffice as such evidence), and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary and reasonable form and, in the case of mutilation, upon surrender and cancellation of this Note, the Company shall execute and deliver to the Holder a new Note (in accordance with Section 18(d)) representing the outstanding Principal. (c) Note Exchangeable for Different Denominations. This Note is exchangeable, upon the surrender hereof by the Holder at the principal office of the Company, for a new Note or Notes (in accordance with Section 18(d) and in principal amounts of at least $1,000) representing in the aggregate the outstanding Principal of this Note, and each such new Note will represent such portion of such outstanding Principal as is designated by the Holder at the time of such surrender. (d) Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 18(a) or Section 18(c), the Principal designated by the Holder which, when added to the principal represented by the other new Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new Notes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Principal and Interest of this Note, from the Issuance Date.View More
Variations of a "Reissuance of This Note" Clause from Business Contracts
Reissuance of This Note. (a) 8.1 Transfer. If this Note is to be transferred, transferred as permitted under Section 7 above, the Holder shall surrender this Note to the Company, whereupon the Company will forthwith issue and deliver upon the order of the Holder a new Note (in accordance with Section 18(d)), 8.3), registered as the Holder may request, representing the outstanding Principal being transferred by the Holder and, if less than the entire outstanding Principal is being transferred, a new Note (in accordance w...ith Section 18(d)) to the Holder representing the outstanding Principal not being transferred. The Holder and any assignee, by acceptance of this Note, acknowledge and agree that, by reason of the provisions of Section 3(c)(iii) following conversion or redemption of any portion of this Note, the outstanding Principal represented by this Note may be less than the Principal stated on the face of this Note. (b) request. 8.2 Lost, Stolen or Mutilated Note. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Note (as to which a written certification and the indemnification contemplated below shall suffice as such evidence), and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary and reasonable form and, in the case of mutilation, upon surrender and cancellation of this Note, the Company shall execute and deliver to the Holder a new Note (in accordance with Section 18(d)) 8.3) representing the outstanding Principal. (c) Note Exchangeable for Different Denominations. This Note is exchangeable, upon the surrender hereof by the Holder at the principal office of the Company, for a new Note or Notes (in accordance with Section 18(d) and in principal amounts of at least $1,000) representing in the aggregate the outstanding Principal of this Note, and each such new Note will represent such portion of such outstanding Principal as is designated by the Holder at the time of such surrender. (d) 8.3 Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 18(a) or Section 18(c), the Principal designated by the Holder which, when added to the principal represented by the other new Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new Notes), outstanding, (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Principal and Interest of this Note, from the Issuance Date. 7 9. REMEDIES, CHARACTERIZATIONS, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The remedies provided in this Note shall be cumulative and in addition to all other remedies available under this Note, under the Security Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the Holder's right to pursue actual and consequential damages for any failure by the Company to comply with the terms of this Note or any other Transaction Document. The Company covenants to the Holder that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, conversion and the like (and the computation thereof) shall be the amounts to be received by the Holder and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof). The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the Holder shall be entitled, in addition to all other available remedies, to an injunction restraining any breach, without the necessity of showing economic loss and without any bond or other security being required. The Company shall provide all information and documentation to the Holder that is requested by the Holder to enable the Holder to confirm the Company's compliance with the terms and conditions of this Note (including, without limitation, compliance with Section 5). View More
Reissuance of This Note. (a) 8.1 Transfer. If this Note is to be transferred, transferred as permitted under Section 7 above, the Holder shall surrender this Note to the Company, whereupon the Company will forthwith issue and deliver upon the order of the Holder a new Note (in accordance with Section 18(d)), 8.3), registered as the Holder may request, representing the outstanding Principal being transferred by the Holder and, if less than the entire outstanding Principal is being transferred, a new Note (in accordance w...ith Section 18(d)) to the Holder representing the outstanding Principal not being transferred. The Holder and any assignee, by acceptance of this Note, acknowledge and agree that, by reason of the provisions of Section 3(c)(iii) following conversion or redemption of any portion of this Note, the outstanding Principal represented by this Note may be less than the Principal stated on the face of this Note. (b) request. 8.2 Lost, Stolen or Mutilated Note. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Note (as to which a written certification and the indemnification contemplated below shall suffice as such evidence), and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary and reasonable form and, in the case of mutilation, upon surrender and cancellation of this Note, the Company shall execute and deliver to the Holder a new Note (in accordance with Section 18(d)) 8.3) representing the outstanding Principal. (c) Note Exchangeable for Different Denominations. This Note is exchangeable, upon the surrender hereof by the Holder at the principal office of the Company, for a new Note or Notes (in accordance with Section 18(d) and in principal amounts of at least $1,000) representing in the aggregate the outstanding Principal of this Note, and each such new Note will represent such portion of such outstanding Principal as is designated by the Holder at the time of such surrender. (d) 8.3 Issuance of New Notes. Whenever the Company is required to issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 18(a) or Section 18(c), the Principal designated by the Holder which, when added to the principal represented by the other new Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new Notes), outstanding, (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Principal and Interest of this Note, from the Issuance Date. 10 9. REMEDIES, CHARACTERIZATIONS, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The remedies provided in this Note shall be cumulative and in addition to all other remedies available under this Note and the other Transaction Documents, at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the Holder's right to pursue actual and consequential damages for any failure by the Company to comply with the terms of this Note or any other Transaction Document. The Company covenants to the Holder that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, conversion and the like (and the computation thereof) shall be the amounts to be received by the Holder and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof). The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the Holder shall be entitled, in addition to all other available remedies, to an injunction restraining any breach, without the necessity of showing economic loss and without any bond or other security being required. The Company shall provide all information and documentation to the Holder that is requested by the Holder to enable the Holder to confirm the Company's compliance with the terms and conditions of this Note (including, without limitation, compliance with Section 5). View More
Reissuance of This Note. (a) Transfer. If this Note is to be transferred, the Holder shall surrender this Note to the Company, Issuer, whereupon the Company Issuer will forthwith issue and deliver upon the order of the Holder a new Note (in accordance with Section 18(d)), 14(d)), registered as the Holder may request, representing the outstanding Outstanding Principal Balance of the Note being transferred by the Holder and, if less than the entire outstanding Outstanding Principal Balance of the Note held by the Holder i...s being transferred, a new Note (in accordance with Section 18(d)) 14(d)) to the Holder representing the outstanding Outstanding Principal Balance of the Note not being transferred. The Holder and any assignee, transferee, by acceptance of this Note, acknowledge and agree that, by reason of the provisions of Section 3(c)(iii) 14(d) following conversion or redemption of any portion of this Note, the outstanding Outstanding Principal Balance represented by this Note may be less than the Outstanding Principal Balance stated on the face of this Note. (b) Lost, Stolen or Mutilated Note. Upon receipt by the Company Issuer of evidence reasonably satisfactory to the Company Issuer of the loss, theft, destruction or mutilation of this Note (as to which a written certification and the indemnification contemplated below shall suffice as such evidence), Note, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company Issuer in customary and reasonable form and, in the case of mutilation, upon surrender and cancellation of this Note, the Company Issuer shall execute and deliver to the Holder a new Note (in accordance with Section 18(d)) 14(d)) representing the outstanding Principal. Outstanding Principal Balance. (c) Note Exchangeable for Different Denominations. This Note is exchangeable, upon the surrender hereof by the Holder at the principal office of the Company, Issuer, for a new Note or Notes (in accordance with Section 18(d) and in principal amounts of at least $1,000) 14(d)) representing in the aggregate the outstanding Outstanding Principal Balance of this Note, and each such new Note will represent such portion of such outstanding Outstanding Principal Balance as is designated by the Holder at the time of such surrender. (d) Issuance of New Notes. Whenever the Company Issuer is required to issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the remaining Outstanding Principal remaining outstanding Balance (or in the case of a new Note being issued pursuant to Section 18(a) 14(a) or Section 18(c), 14(c), the Outstanding Principal Balance designated by the Holder which, when added to the principal aggregate Outstanding Principal Balance represented by the other new Notes issued in connection with such issuance, does not exceed the remaining Outstanding Principal remaining outstanding Balance under this Note immediately prior to such issuance of new Notes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Outstanding Principal and Interest Balance of this Note, if any, from the Issuance Date. Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 14(b), as the case may be. 18 15. REMEDIES. No right or remedy herein conferred upon or reserved to the Holder is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise, including injunctive relief or specific performance. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. View More
Reissuance of This Note. (a) 14.1. Transfer. If this Note is to be transferred, the Holder shall surrender this Note to the Company, whereupon the Company will forthwith issue and deliver upon the order of the Holder a new Note (in accordance with Section 18(d)), 14.4), registered as the Holder may request, representing the outstanding Principal Outstanding Balance being transferred by the Holder and, if less than the entire outstanding Principal Outstanding Balance is being transferred, a new Note (in accordance with S...ection 18(d)) 14.4) to the Holder representing the outstanding Principal Outstanding Balance not being transferred. The Holder and any assignee, by acceptance of this Note, acknowledge and agree that, by reason of the provisions of Section 3(c)(iii) following conversion or redemption of any portion of this Note, the outstanding Principal represented by this Note may be less than the Principal stated on the face of this Note. (b) 14.2. Lost, Stolen or Mutilated Note. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Note (as to which a written certification and the indemnification contemplated below shall suffice as such evidence), and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary and reasonable form and, in the case of mutilation, upon surrender and cancellation of this Note, the Company shall execute and deliver to the Holder a new Note (in accordance with Section 18(d)) 14.4) representing the outstanding Principal. (c) Outstanding Balance. 14.3. Note Exchangeable for Different Denominations. This Note is exchangeable, upon the surrender hereof by the Holder at by delivery to the principal office of the Company, for a new Note or Notes (in accordance with Section 18(d) 14.4 and in principal amounts of at least $1,000) representing in the aggregate the outstanding Principal Outstanding Balance of this Note, and each such new Note will represent such portion of such outstanding Principal Outstanding Balance as is designated by the Holder at the time of such surrender. (d) 14.4. Issuance of New Notes. Whenever Subject to Section 10, whenever the Company is required to issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding Outstanding Balance (or in the case of a new Note being issued pursuant to Section 18(a) 14.1 or Section 18(c), 14.3, the Principal portion of the Outstanding Balance designated by the Holder which, when added to the principal outstanding balance represented by the other new Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding Outstanding Balance under this Note immediately prior to such issuance of new Notes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on and other increases to the Principal and Interest of this Note, Outstanding Balance as permitted hereunder from the Issuance Date. 19 15. REMEDIES, CHARACTERIZATIONS, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The remedies, including without limitation the Redemption Premium, Prepayment Premium, and all other charges, fees, and collection costs provided for in this Note, shall be cumulative and in addition to all other remedies available under this Note and any of the other Transaction Documents at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the Holder's right to pursue actual and consequential damages for any failure by the Company to comply with the terms of this Note. The Company covenants to the Holder that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, conversion and the like (and the computation thereof) shall be the amounts to be received by the Holder and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof). The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the Holder shall be entitled, in addition to all other available remedies, to an injunction restraining any such breach or any such threatened breach, without the necessity of showing economic loss and without any bond or other security being required. The Company shall provide all information and documentation to the Holder that is requested by the Holder to enable the Holder to confirm the Company's compliance with the terms and conditions of this Note (including, without limitation, compliance with Section 7). View More
Reissuance of This Note. (a) Transfer. If this Note is to be transferred, the Holder shall surrender this Note to the Company, Issuer, whereupon the Company Issuer will forthwith issue and deliver upon the order of the Holder a new Note (in accordance with Section 18(d)), 13(d)), registered as the Holder may request, representing the outstanding Outstanding Principal Balance of the Note being transferred by the Holder and, if less than the entire outstanding Outstanding Principal Balance of the Note held by the Holder i...s being transferred, a new Note (in accordance with Section 18(d)) 13(d)) to the Holder representing the outstanding Outstanding Principal Balance of the Note not being transferred. The Holder and any assignee, transferee, by acceptance of this Note, acknowledge and agree that, by reason of the provisions of Section 3(c)(iii) 13(d) following conversion or redemption of any portion of this Note, the outstanding Outstanding Principal Balance represented by this Note may be less than the Outstanding Principal Balance stated on the face of this Note. 13 (b) Lost, Stolen or Mutilated Note. Upon receipt by the Company Issuer of evidence reasonably satisfactory to the Company Issuer of the loss, theft, destruction or mutilation of this Note (as to which a written certification and the indemnification contemplated below shall suffice as such evidence), Note, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company Issuer in customary and reasonable form and, in the case of mutilation, upon surrender and cancellation of this Note, the Company Issuer shall execute and deliver to the Holder a new Note (in accordance with Section 18(d)) 13(d)) representing the outstanding Principal. Outstanding Principal Balance. (c) Note Exchangeable for Different Denominations. This Note is exchangeable, upon the surrender hereof by the Holder at the principal office of the Company, Issuer, for a new Note or Notes (in accordance with Section 18(d) and in principal amounts of at least $1,000) 13(d)) representing in the aggregate the outstanding Outstanding Principal Balance of this Note, and each such new Note will represent such portion of such outstanding Outstanding Principal Balance as is designated by the Holder at the time of such surrender. (d) Issuance of New Notes. Whenever the Company Issuer is required to issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the remaining Outstanding Principal remaining outstanding Balance (or in the case of a new Note being issued pursuant to Section 18(a) 13(a) or Section 18(c), 13(c), the Outstanding Principal Balance designated by the Holder which, when added to the principal aggregate Outstanding Principal Balance represented by the other new Notes issued in connection with such issuance, does not exceed the remaining Outstanding Principal remaining outstanding Balance under this Note immediately prior to such issuance of new Notes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Outstanding Principal and Interest Balance of this Note, if any, from the Issuance Date. Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 13(b), as the case may be. View More
Reissuance of This Note. (a) Transfer. If this Note is to be transferred, the Holder shall surrender this Note to the Company, Issuer, whereupon the Company Issuer will forthwith issue and deliver upon the order of the Holder a new Note (in accordance with Section 18(d)), 12(d)), registered as the Holder may request, representing the outstanding Outstanding Principal Balance of the Note being transferred by the Holder and, if less than the entire outstanding Outstanding Principal Balance of the Note held by the Holder i...s being transferred, a new Note (in accordance with Section 18(d)) 12(d)) to the Holder representing the outstanding Outstanding Principal Balance of the Note not being transferred. The Holder and any assignee, transferee, by acceptance of this Note, acknowledge and agree that, by reason of the provisions of Section 3(c)(iii) 12(d) following conversion or redemption of any portion of this Note, the outstanding Outstanding Principal Balance represented by this Note may be less than the Outstanding Principal Balance stated on the face of this Note. (b) Lost, Stolen or Mutilated Note. Upon receipt by the Company Issuer of evidence reasonably satisfactory to the Company Issuer of the loss, theft, destruction or mutilation of this Note (as to which a written certification and the indemnification contemplated below shall suffice as such evidence), Note, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company Issuer in customary and reasonable form and, in the case of mutilation, upon surrender and cancellation of this Note, the Company Issuer shall execute and deliver to the Holder a new Note (in accordance with Section 18(d)) 12(d)) representing the outstanding Principal. Outstanding Principal Balance. (c) Note Exchangeable for Different Denominations. This Note is exchangeable, upon the surrender hereof by the Holder at the principal office of the Company, Issuer, for a new Note or Notes (in accordance with Section 18(d) and in principal amounts of at least $1,000) 12(d)) representing in the aggregate the outstanding Outstanding Principal Balance of this Note, and each such new Note will represent such portion of such outstanding Outstanding Principal Balance as is designated by the Holder at the time of such surrender. (d) Issuance of New Notes. Whenever the Company Issuer is required to issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the remaining Outstanding Principal remaining outstanding Balance (or in the case of a new Note being issued pursuant to Section 18(a) 12(a) or Section 18(c), 12(c), the Outstanding Principal Balance designated by the Holder which, when added to the principal aggregate Outstanding Principal Balance represented by the other new Notes issued in connection with such issuance, does not exceed the remaining Outstanding Principal remaining outstanding Balance under this Note immediately prior to such issuance of new Notes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the 9 same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Outstanding Principal and Interest Balance of this Note, if any, from the Issuance Date. Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 12(b), as the case may be. View More
Reissuance of This Note. (a) 14.1. Transfer. If this Note is to be transferred, the Holder shall surrender this Note to the Company, whereupon the Company will forthwith issue and deliver upon the order of the Holder a new Note (in accordance with Section 18(d)), 14.4), registered as the Holder may request, representing the outstanding Principal Outstanding Balance being transferred by the Holder and, if less than the entire outstanding Principal Outstanding Balance is being transferred, a new Note (in accordance with S...ection 18(d)) 14.4) to the Holder representing the outstanding Principal Outstanding Balance not being transferred. The Holder and any assignee, by acceptance of this Note, acknowledge and agree that, by reason of the provisions of Section 3(c)(iii) following conversion or redemption of any portion of this Note, the outstanding Principal represented by this Note may be less than the Principal stated on the face of this Note. (b) 14.2. Lost, Stolen or Mutilated Note. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Note (as to which a written certification and the indemnification contemplated below shall suffice as such evidence), and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary and reasonable form and, in the case of mutilation, upon surrender and cancellation of this Note, the Company shall execute and deliver to the Holder a new Note (in accordance with Section 18(d)) 14.4) representing the outstanding Principal. (c) Outstanding Balance. 14.3. Note Exchangeable for Different Denominations. This Note is exchangeable, upon the surrender hereof by the Holder at by delivery to the principal office of the Company, for a new Note or Notes (in accordance with Section 18(d) 14.4 and in principal amounts of at least $1,000) representing in the aggregate the outstanding Principal Outstanding Balance of this Note, and each such new Note will represent such portion of such outstanding Principal Outstanding Balance as is designated by the Holder at the time of such surrender. (d) 14.4. Issuance of New Notes. Whenever Subject to Section 10, whenever the Company is required to issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding Outstanding Balance (or in the case of a new Note being issued pursuant to Section 18(a) 14.1 or Section 18(c), 14.3, the Principal portion of the Outstanding Balance designated by the Holder which, when added to the principal outstanding balance represented by the other new Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding Outstanding Balance under this Note immediately prior to such issuance of new Notes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on and other increases to the Principal and Interest of this Note, Outstanding Balance as permitted hereunder from the Issuance Date. View More
Reissuance of This Note. (a) 15.1. Transfer. If this Note is to be transferred, the Holder shall surrender this Note to the Company, whereupon the Company will forthwith issue and deliver upon the order of the Holder a new Note (in accordance with Section 18(d)), 15.4), registered as the Holder may request, representing the outstanding Principal Outstanding Balance being transferred by the Holder and, if less than the entire outstanding Principal Outstanding Balance is being transferred, a new Note (in accordance with S...ection 18(d)) 15.4) to the Holder representing the outstanding Principal Outstanding Balance not being transferred. The Holder and any assignee, by acceptance of this Note, acknowledge and agree that, by reason of the provisions of Section 3(c)(iii) following conversion or redemption of any portion of this Note, the outstanding Principal represented by this Note may be less than the Principal stated on the face of this Note. (b) 15.2. Lost, Stolen or Mutilated Note. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Note (as to which a written certification and the indemnification contemplated below shall suffice as such evidence), and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary and reasonable form and, in the case of mutilation, upon surrender and cancellation of this Note, the Company shall execute and deliver to the Holder a new Note (in accordance with Section 18(d)) 15.4) representing the outstanding Principal. (c) Outstanding Balance. 15.3. Note Exchangeable for Different Denominations. This Note is exchangeable, upon the surrender hereof by the Holder at by delivery to the principal office of the Company, for a new Note or Notes (in accordance with Section 18(d) 15.4 and in principal amounts of at least $1,000) representing in the aggregate the outstanding Principal Outstanding Balance of this Note, and each such new Note will represent such portion of such outstanding Principal Outstanding Balance as is designated by the Holder at the time of such surrender. (d) 15.4. Issuance of New Notes. Whenever Subject to Section 10, whenever the Company is required to issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding Outstanding Balance (or in the case of a new Note being issued pursuant to Section 18(a) 15.1 or Section 18(c), 15.3, the Principal portion of the Outstanding Balance designated by the Holder which, when added to the principal outstanding balance represented by the other new Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding Outstanding Balance under this Note immediately prior to such issuance of new Notes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on and other increases to the Principal and Interest of this Note, Outstanding Balance as permitted hereunder from the Issuance Date. View More
Reissuance of This Note. (a) 15.1. Transfer. If this Note is to be transferred, the Holder shall surrender this Note to the Company, whereupon the Company will forthwith issue and deliver upon the order of the Holder a new Note (in accordance with Section 18(d)), 15.4), registered as the Holder may request, representing the outstanding Principal Outstanding Balance being transferred by the Holder and, if less than the entire outstanding Principal Outstanding Balance is being transferred, a new Note (in accordance with S...ection 18(d)) 15.4) to the Holder representing the outstanding Principal Outstanding Balance not being transferred. The Holder and any assignee, by acceptance of this Note, acknowledge and agree that, by reason of the provisions of Section 3(c)(iii) following conversion or redemption of any portion of this Note, the outstanding Principal represented by this Note may be less than the Principal stated on the face of this Note. (b) 15.2. Lost, Stolen or Mutilated Note. Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Note (as to which a written certification and the indemnification contemplated below shall suffice as such evidence), and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company in customary and reasonable form and, in the case of mutilation, upon surrender and cancellation of this Note, the Company shall execute and deliver to the Holder a new Note (in accordance with Section 18(d)) 15.4) representing the outstanding Principal. (c) Outstanding Balance. 15.3. Note Exchangeable for Different Denominations. This Note is exchangeable, upon the surrender hereof by the Holder at by delivery to the principal office of the Company, for a new Note or Notes (in accordance with Section 18(d) 15.4 and in principal amounts of at least $1,000) representing in the aggregate the outstanding Principal Outstanding Balance of this Note, and each such new Note will represent such portion of such outstanding Principal Outstanding Balance as is designated by the Holder at the time of such surrender. (d) 15.4. Issuance of New Notes. Whenever Subject to Section 10, whenever the Company is required to issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding Outstanding Balance (or in the case of a new Note being issued pursuant to Section 18(a) 15.1 or Section 18(c), 15.3, the Principal portion of the Outstanding Balance designated by the Holder which, when added to the principal outstanding balance represented by the other new Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding Outstanding Balance under this Note immediately prior to such issuance of new Notes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on and other increases to the Principal and Interest of this Note, Outstanding Balance as permitted hereunder from the Issuance Date. 20 16. REMEDIES, CHARACTERIZATIONS, OTHER OBLIGATIONS AND BREACHES. The remedies, including without limitation the Default Premium, Prepayment Premium, and all other charges, fees, and collection costs provided for in this Note, shall be cumulative and in addition to all other remedies available under this Note and any of the other Transaction Documents. The Company covenants to the Holder that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, conversion and the like (and the computation thereof) shall be the amounts to be received by the Holder and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof). The Company shall provide all information and documentation to the Holder that is requested by the Holder to enable the Holder to confirm the Company's compliance with the terms and conditions of this Note (including, without limitation, compliance with Section 7). View More
Reissuance of This Note. (a) Transfer. The Note may be transferred or otherwise assigned only by surrender of this Note and issuance of a new Note in accordance with this Section 13, and neither this Note nor any interests therein may be sold, transferred or assigned to any Person except upon satisfaction of the conditions specified in this Section 13. If this Note is to be transferred, the transferred or assigned, Holder shall surrender this Note to the Company, Parent, whereupon the Company Parent will forthwith issue... and deliver upon the order of the Holder a new Note (in accordance with Section 18(d)), 13(d)), registered as the Holder may request, representing the outstanding Principal being transferred by the Holder and, if less than the entire outstanding Principal is being transferred, a new Note (in accordance with Section 18(d)) 13(d)) to the Holder representing the outstanding Principal not being transferred. The Holder and any assignee, by acceptance of this Note, acknowledge and agree that, by reason of the provisions of Section 3(c)(iii) following conversion or redemption of any portion of this Note, the outstanding Principal represented by this Note may be less than the Principal stated on the face of this Note. (b) Lost, Stolen or Mutilated Note. Upon receipt by the Company Parent of evidence reasonably satisfactory to the Company Parent of the loss, theft, destruction or mutilation of this Note (as to which a written certification and the indemnification contemplated below shall suffice as such evidence), Note, and, in the case of loss, theft or destruction, of any indemnification undertaking by the Holder to the Company Parent in customary and reasonable form and, in the case of mutilation, upon surrender and cancellation of this Note, the Company Parent shall execute and deliver to the Holder a new Note (in accordance with Section 18(d)) 13(d)) representing the outstanding Principal. (c) Note Exchangeable for Different Denominations. This Note is exchangeable, upon the surrender hereof by the Holder at the principal office of the Company, Parent, for a new Note or Notes (in accordance with Section 18(d) 13(d) and in principal Principal amounts of at least $1,000) representing in the aggregate the outstanding Principal of this Note, and each such new Note will represent such portion of such outstanding Principal as is designated by the Holder at the time of such surrender. -6- (d) Issuance of New Notes. Whenever the Company Parent is required to issue a new Note pursuant to the terms of this Note, such new Note Note: (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, Note and subject to the other provisions of this Section 13, the Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 18(a) or Section 18(c), the Principal designated by the Holder which, when added to the principal represented by the other new Notes issued in connection with such issuance, does not exceed the Principal remaining outstanding under this Note immediately prior to such issuance of new Notes), outstanding, (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Original Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Principal and Interest of this such new Note, from the Original Issuance Date. View More
