Common use of Issuance of New Notes Clause in Contracts

Issuance of New Notes. 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 Outstanding Balance (or in the case of a new Note being issued pursuant to Section 15.1 or Section 15.3, the portion of the Outstanding Balance designated by the Holder which, when added to the outstanding balance represented by the other new Notes issued in connection with such issuance, does not exceed the 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 and other increases to the Outstanding Balance as permitted hereunder from the Issuance Date.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Brazil Minerals, Inc.), Convertible Promissory Note (Puramed Bioscience Inc.), Secured Convertible Promissory Note (Cord Blood America, Inc.)

Issuance of New Notes. Subject to Section 10, whenever 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 Outstanding Balance remaining outstanding Principal balance (or in the case of a new Note being issued pursuant to Section 15.1 14(a) or Section 15.314(c), the portion of the Outstanding Balance outstanding Principal balance designated by the Holder which, when added to the aggregate outstanding Principal balance represented by the other new Notes issued in connection with such issuance, does not exceed the Outstanding Balance remaining outstanding Principal 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 Default Interest and Late Charges and other increases to Registration Default Interest on the Outstanding Balance as permitted hereunder outstanding Principal balance of this Note, if any, from the Issuance Date.

Appears in 3 contracts

Sources: Indenture (Cheniere Energy Inc), Subscription Agreement (Cheniere Energy Inc), Subscription Agreement (Cheniere Energy Inc)

Issuance of New Notes. Subject to Section 10, whenever 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 Outstanding Balance Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 15.1 18(a) or Section 15.318(c), the portion of the Outstanding Balance Principal designated by the Holder which, when added to the outstanding balance principal represented by the other new Notes issued in connection with such issuance, does not exceed the Outstanding Balance 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 an exchange date, as indicated on the face of such new Note, which is the same as the Exchange Date of this Note (v) shall have the same rights and conditions as this Note, and (vvi) shall represent accrued and unpaid Interest and Late Charges Charges, if any, on the Principal and other increases to the Outstanding Balance as permitted hereunder Interest of this Note, from the Issuance Date.

Appears in 2 contracts

Sources: Exchange Agreement (Amyris, Inc.), Exchange Agreement (Amyris, Inc.)

Issuance of New Notes. Subject to Section 10, whenever 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 Outstanding Balance Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 15.1 19(a) or Section 15.319(c), the portion of the Outstanding Balance Principal designated by the Holder which, when added to the outstanding balance principal represented by the other new Notes issued in connection with such issuance, does not exceed the Outstanding Balance 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 Make-Whole Amount, Interest and Late Charges on the Principal, Make-Whole Amount and other increases to the Outstanding Balance as permitted hereunder Interest of this Note, from the Issuance Date.

Appears in 2 contracts

Sources: Securities Purchase Agreement (NewGenIvf Group LTD), Securities Purchase Agreement (NewGenIvf Group LTD)

Issuance of New Notes. Subject to Section 10, whenever 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 Outstanding Balance Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 15.1 19(a) or Section 15.319(c), the portion of the Outstanding Balance Principal designated by the Holder which, when added to the outstanding balance principal represented by the other new Notes issued in connection with such issuance, does not exceed the Outstanding Balance 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 Default Interest and Late Charges on the Principal and other increases to the Outstanding Balance as permitted hereunder Default Interest of this Note, from the Issuance Date.

Appears in 1 contract

Sources: Securities Purchase Agreement (VCI Global LTD)

Issuance of New Notes. Subject to Section 10, whenever 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 evidence the same and represent, as indicated on the face of such new Note, the Outstanding Balance Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 15.1 22(a) or Section 15.322(c), the portion of the Outstanding Balance Principal designated by the Holder which, when added to the outstanding balance principal represented by the other new Notes issued in connection with such issuance, does not exceed the Outstanding Balance 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 and evidence the same indebtedness as this Note, and (v) shall represent evidence accrued Interest on the Principal and unpaid Interest and Late Charges and other increases to the Outstanding Balance as permitted hereunder of this Note, from the Issuance Date.

Appears in 1 contract

Sources: Securities Purchase Agreement (Mitel Networks Corp)

Issuance of New Notes. Subject to Section 10, whenever 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 Outstanding Balance Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 15.1 16(a) or Section 15.316(c), the portion of the Outstanding Balance Principal designated by the Holder which, when added to the outstanding balance principal represented by the other new Notes issued in connection with such issuance, does not exceed the Outstanding Balance 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 an exchange date, as indicated on the face of such new Note, which is the same as the Exchange Date of this Note, (v) shall have the same rights and conditions as this Note, (vi) shall be duly authenticated in accordance with the Indenture and (vvii) shall represent accrued and unpaid Interest and Late Charges on the Principal and other increases to the Outstanding Balance as permitted hereunder Interest of this Note, from the Issuance Date.

Appears in 1 contract

Sources: Securities Purchase Agreement (Ondas Holdings Inc.)

Issuance of New Notes. Subject to Section 10, whenever 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 Outstanding Balance Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 15.1 15(a) or Section 15.315(c), the portion of the Outstanding Balance Principal designated by the Holder which, when added to the outstanding balance principal represented by the other new Notes issued in connection with such issuance, does not exceed the Outstanding Balance 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, Make-Whole Amount and other increases to the Outstanding Balance as permitted hereunder Interest of this Note, from the Issuance Date.

Appears in 1 contract

Sources: Settlement Agreement (Avenir Wellness Solutions, Inc.)

Issuance of New Notes. Subject to Section 10, whenever Whenever the Company is required to issue a new Bridge Note pursuant to the terms of this Bridge Note, such new Bridge Note (i) shall be of like tenor with this Bridge Note, (ii) shall represent, as indicated on the face of such new Bridge Note, the Outstanding Balance Principal remaining outstanding (or in the case of a new Bridge Note being issued pursuant to Section 15.1 15(a) or Section 15.315(c), the portion of the Outstanding Balance Principal designated by the Holder which, when added to the outstanding balance principal represented by the other new Bridge Notes issued in connection with such issuance, does not exceed the Outstanding Balance Principal remaining outstanding under this Bridge Note immediately prior to such issuance of new Bridge Notes), (iii) shall have an issuance date, as indicated on the face of such new Bridge Note, which is the same as the Issuance Date of this Bridge Note, (iv) shall have the same rights and conditions as this Bridge Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Principal and other increases to the Outstanding Balance as permitted hereunder Interest of this Bridge Note, from the Issuance Date.

Appears in 1 contract

Sources: Secured Note (WorldSpace, Inc)

Issuance of New Notes. Subject to Section 10, whenever 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 Outstanding Balance Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 15.1 20(a) or Section 15.320(c), the portion of the Outstanding Balance Principal designated by the Holder which, when added to the outstanding balance principal represented by the other new Notes issued in connection with such issuance, does not exceed the Outstanding Balance 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 Make-Whole Amount, Interest and Late Charges on the Principal, Interest and other increases to the Outstanding Balance as permitted hereunder Make-Whole Amount of this Note, from the Issuance Date.

Appears in 1 contract

Sources: Fourth Amendment Agreement (Genius Group LTD)

Issuance of New Notes. Subject to Section 10, whenever 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 Outstanding Balance Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 15.1 14(a) or Section 15.314(c), the portion of the Outstanding Balance Principal designated by the Holder which, when added to the outstanding balance Principal represented by the other new Notes issued in connection with such issuance, does not exceed the Outstanding Balance 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, Note and (v) shall represent accrued and unpaid Interest and Late Charges Charges, if any, on the Principal and other increases to the Outstanding Balance as permitted hereunder Interest of this Note from the Issuance Date.

Appears in 1 contract

Sources: Securities Purchase Agreement (Cellect Biotechnology Ltd.)

Issuance of New Notes. Subject to Section 10, whenever 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 Outstanding Balance Accreted Principal Amount remaining outstanding at that time (or in the case of a new Note being issued pursuant to Section 15.1 or Section 15.3issued, the portion of the Outstanding Balance Accreted Principal Amount designated by the Holder which, when added to the outstanding balance Accreted Principal Amount represented by the other new Notes issued in connection with such issuance, does not exceed the Outstanding Balance Accreted Principal Amount 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 and other increases to default interest on the Outstanding Balance as permitted hereunder Accreted Principal Amount of this Note, from the Issuance Date.

Appears in 1 contract

Sources: Convertible Note Agreement (Healthcare Corp of America)

Issuance of New Notes. Subject to Section 10, whenever 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 Outstanding Balance Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 15.1 14.1 or Section 15.314.3, the portion of the Outstanding Balance Principal designated by the Holder which, when added to the outstanding balance principal represented by the other new Notes issued in connection with such issuance, does not exceed the Outstanding Balance 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 Repayment Principal Amount and other increases to the Outstanding Balance as permitted hereunder Interest of this Note, from the Issuance Date.

Appears in 1 contract

Sources: Note Purchase Agreement (Sotherly Hotels Lp)

Issuance of New Notes. 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 Outstanding Balance (or in the case of a new Note being issued pursuant to Section 15.1 or Section 15.3, the portion of the Outstanding Balance designated by the Holder which, when added to the outstanding balance represented by the other new Notes issued in connection with such issuance, does not exceed the 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 and other increases to the Outstanding Balance as permitted hereunder from the Issuance Date.

Appears in 1 contract

Sources: Securities Purchase Agreement (Competitive Technologies Inc)

Issuance of New Notes. Subject to Section 10, whenever Whenever the Company is required to issue a new Note pursuant to the terms of this Note, included but not limited to following a partial conversion, 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 Outstanding Balance Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 15.1 or Section 15.315(a), the portion of the Outstanding Balance Principal designated by the Holder which, when added to the outstanding balance principal represented by the other new Notes issued in connection with such issuance, does not exceed the Outstanding Balance 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 on the Principal and Late Charges and other increases to the Outstanding Balance as permitted hereunder Interest of this Note, from the Issuance Date.

Appears in 1 contract

Sources: Senior Secured Convertible Note (Parabel Inc.)