Common use of Issuance of New Notes Clause in Contracts

Issuance of New Notes. (i) 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 14(a) or Section 14(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, and (iv) shall have the same rights and conditions as this Note. (ii) 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 principal amounts of at least $20,000,000 (or $5,000,000 at any time after an Event of Default) in principal amount or such lesser principal amount of Notes as is then held by the Holder (or, if issued to facilitate a transfer to a Permitted Transferee of a Holder, in an amount not less than $100,000 or such lesser principal amount of Notes as is then held by the Holder), 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.

Appears in 2 contracts

Sources: Note Purchase Agreement (Blue Coat Systems Inc), Note Purchase Agreement (Blue Coat Systems Inc)

Issuance of New Notes. (i) 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 14(a16(a) or Section 14(c16(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, and (iv) shall have the same rights and conditions as this Note. , and (iiv) This shall represent accrued and unpaid Interest and Late Charges on the Principal and Interest of this Note is exchangeable, upon (or in the surrender hereof by the Holder at the principal office case of the Company, for a new Note being issued pursuant to Section 16(a) or Notes in principal amounts of at least $20,000,000 (or $5,000,000 at any time after an Event of Default) in principal amount or such lesser principal amount of Notes as is then held by the Holder (or, if issued to facilitate a transfer to a Permitted Transferee of a Holder, in an amount not less than $100,000 or such lesser principal amount of Notes as is then held by the HolderSection 16(c), representing in the aggregate the outstanding Principal of this accrued and unpaid Interest and Late Charges applicable to such new Note, when added to the Interest and each Late Charges applicable to such other new Notes issued in connection with such issuance, does not exceed the accrued and unpaid Interest and Late Charges applicable to this Note will represent immediately prior to such portion issuance of such outstanding Principal as is designated by new Notes), from the Holder at the time of such surrenderIssuance Date.

Appears in 2 contracts

Sources: Securities Purchase Agreement (SOL Strategies Inc.), Securities Purchase Agreement

Issuance of New Notes. (i) 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 14(a13(a) or Section 14(c13(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, and (iv) shall have the same rights and conditions as this Note. , (iiv) This Note is exchangeable, upon shall represent accrued and unpaid Interest on the surrender hereof by the Holder at the principal office of the Company, for a new Note or Notes in principal amounts of at least $20,000,000 (or $5,000,000 at any time after an Event of Default) in principal amount or such lesser principal amount of Notes as is then held by the Holder (or, if issued to facilitate a transfer to a Permitted Transferee of a Holder, in an amount not less than $100,000 or such lesser principal amount of Notes as is then held by the Holder), representing in the aggregate the outstanding Outstanding Principal Balance of this Note, if any, from the Issuance Date; and each (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note will represent such portion more than five (5) Business Days after surrender of such outstanding Principal this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 13(b), as is designated by the Holder at the time of such surrendercase may be.

Appears in 1 contract

Sources: Unsecured Pik Convertible Notes Purchase Agreement (Uber Technologies, Inc)

Issuance of New Notes. (i) 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 Accreted Principal remaining outstanding Amount (or in the case of a new Note being issued pursuant to Section 14(a13(a) or Section 14(c13(c), the Accreted Principal Amount designated by the Holder which, when added to the principal aggregate Accreted Principal ▇▇▇▇▇▇ represented by the other new Notes issued in connection with such issuance, does not exceed the remaining Accreted Principal remaining outstanding Amount 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, and (iv) shall have the same rights and conditions as this Note. , (iiv) This Note is exchangeable, upon shall represent accrued and unpaid Interest on the surrender hereof by the Holder at the principal office of the Company, for a new Note or Notes in principal amounts of at least $20,000,000 (or $5,000,000 at any time after an Event of Default) in principal amount or such lesser principal amount of Notes as is then held by the Holder (or, if issued to facilitate a transfer to a Permitted Transferee of a Holder, in an amount not less than $100,000 or such lesser principal amount of Notes as is then held by the Holder), representing in the aggregate the outstanding Accreted Principal Amount of this Note, if any, from the Issuance Date; and each (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note will represent such portion more than five (5) Business Days after surrender of such outstanding Principal this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 13(b), as is designated by the Holder at the time of such surrendercase may be.

Appears in 1 contract

Sources: Convertible Note Purchase Agreement (Hut 8 Corp.)

Issuance of New Notes. (i) 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 14(a18(a) or Section 14(c18(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, and (iv) shall have a first exchange date, as indicated on the face of such new Note, which is the same as the First Exchange Date of this Note, (v) shall have a second exchange date, as indicated on the face of such new Note, which is the same as the Second Exchange Date of this Note, (vi) shall have the same rights and conditions as this Note. , and (iivii) 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 principal amounts of at least $20,000,000 (or $5,000,000 at any time after an Event of Default) in principal amount or such lesser principal amount of Notes as is then held by the Holder (orshall represent accrued and unpaid Interest and Late Charges, if issued to facilitate a transfer to a Permitted Transferee of a Holderany, in an amount not less than $100,000 or such lesser principal amount of Notes as is then held by on the Holder), representing in the aggregate the outstanding Principal and Interest of this Note, and each such new Note will represent such portion of such outstanding Principal as is designated by from the Holder at the time of such surrenderSecond Exchange Date.

Appears in 1 contract

Sources: Second Exchange Agreement (Amyris, Inc.)