New Promissory Notes definition
Examples of New Promissory Notes in a sentence
The Escrow Agent’s sole responsibility thereafter shall be to keep safely the funds in the Escrow Account and deliver the same to such person designated as the Escrow Agent shall be directed pursuant to written instructions of the parties or a final court order, provided that, not withstanding the foregoing, at any time the Escrow Agent may deposit any or all of the funds in the Escrow Account with any court of competent jurisdiction in connection with an action in the nature of interpleader.
Subject to the terms and conditions of this Agreement and in consideration of the issuance of the New Promissory Notes, and in accordance with Sections 6 and 8.6 of each Convertible Promissory Note, each Interest Holder hereby agrees to cancel and terminate each Interest Holder's outstanding Convertible Promissory Note, in the principal outstanding amounts as of the date of this Agreement as set forth on attached Schedule 1.
The Existing Indebtedness shall be evidenced by the New Promissory Notes (defined below).
Subject to the terms and conditions of this Agreement and in consideration of the issuance of the New Promissory Notes (defined below in Section 1.4), and in accordance with Sections 4 and 6.6 of each Non-Convertible Promissory Note, each Interest Holder hereby agrees to cancel and terminate each Interest Holder's outstanding Non-Convertible Promissory Note, in the principal outstanding amounts as of the date of this Agreement as set forth on attached Schedule 1.
Pursuant to the SPA Supplemental Agreement, the Convertible Bonds will set off in full the entire principal amount of the New Promissory Notes upon CB Completion.
However, (i) this restriction shall not apply if Shemesh waives his right to tender shares pursuant to paragraph 2(a) hereof prior to the tender of any such shares, including compliance with the payment schedule for the two new promissory notes; and (ii) no person or entity restricted by this section may make any purchases in the event BFC is not then current under either the First or the Second New Promissory Notes.
As set out above, the Promissory Notes will be cancelled and replaced by the New Promissory Notes which shall be issued by the Company after entering into the SPA Supplemental Agreement.
Subject to the terms and conditions of this Agreement, Borrower’s Existing Indebtedness shall be consolidated into, and evidenced by, two New Promissory Notes in the forms attached hereto as Exhibit A (“New Promissory Note A”) and Exhibit B (“New Promissory Note B” and together with New Promissory Note A the, “New Promissory Notes”).
The Parties hereby agree that, for purposes of Article IX of the Stock Purchase Agreement, all references to "Promissory Notes" shall hereafter mean and include the New Promissory Notes.