Authorization of Note. On or prior to the Closing Date, the Company shall have authorized the (i) sale and issuance to Purchaser of the Note, and (ii) issuance of the Conversion Shares. The Note shall be substantially in the form attached hereto as EXHIBIT A. As used in this Agreement, "Note" shall include the Note issued pursuant to this Agreement, together with any Note issued in exchange therefor or replacement thereof and any Note which may be issued in payment of interest in accordance with the terms thereof.
Appears in 2 contracts
Sources: Subordinated Convertible Note Purchase Agreement (Neon Communications Inc), Subordinated Convertible Note Purchase Agreement (Neon Communications Inc)
Authorization of Note. On or prior to the Closing Date, the Company shall have authorized the (i) sale and issuance to Purchaser of the Note, and (ii) issuance of the Conversion Shares. The Note shall be substantially in the form attached hereto as EXHIBIT Exhibit A. As used in this Agreement, "Note" shall include the Note issued pursuant to this Agreement, together with any Note issued in exchange therefor or replacement thereof and any Note which may be issued in payment of interest in accordance with the terms thereof.
Appears in 1 contract
Sources: Subordinated Convertible Note Purchase Agreement (Neon Communications Inc)