Common use of Advances and Loans; Affiliate Transactions Clause in Contracts

Advances and Loans; Affiliate Transactions. So long as the Borrower shall have any obligation under this Note, the Borrower shall not, without the Holder’s written consent, lend money, give credit, make advances to or enter into any transaction with any person, firm, joint venture or corporation, including, without limitation, officers, directors, employees, subsidiaries and affiliates of the Borrower, except loans, credits or advances (a) in existence or committed or publicly stated as contemplated in SEC Documents on the Issue Date and which the Borrower has informed Holder in writing prior to the Issue Date, (b) in regard to transactions with unaffiliated third parties, made in the ordinary course of business or (c) in regard to transactions with unaffiliated third parties, not in excess of $250,000.00. Except as disclosed in the SEC Documents prior to the Issue Date, so long as the Borrower shall have any obligation under this Note, the Borrower shall not, without the Holder’s written consent, repay any affiliate (as defined in Rule 144) of the Borrower in connection with any indebtedness or accrued amounts owed to any such party outside the ordinary course of business.

Appears in 2 contracts

Samples: Securities Purchase Agreement (RespireRx Pharmaceuticals Inc.), Securities Purchase Agreement (RespireRx Pharmaceuticals Inc.)

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Advances and Loans; Affiliate Transactions. So long as the Borrower shall have any obligation under this Note, the Borrower shall not, without the Holder’s written consent, lend money, give credit, make advances to or enter into any transaction with any person, firm, joint venture or corporation, including, without limitation, officers, directors, employees, subsidiaries and affiliates or employees of the Borrower, except loans, credits or advances (a) in existence or committed or publicly stated as contemplated in SEC Documents on the Issue Date and which the Borrower has informed Holder in writing prior to the Issue Date, (b) in regard to transactions with subsidiaries, joint ventures or unaffiliated third parties, made in the ordinary course of business or (c) in regard to transactions with unaffiliated third parties, not in excess of $250,000.00200,000 (for the avoidance of doubt, an unaffiliated third party for purposes of this clause shall not include any entity that the Borrower owns 49% or more of the total equity interest in). Except as disclosed in the SEC Documents prior to the Issue Date, so So long as the Borrower shall have any obligation under this Note, the Borrower shall not, without the Holder’s written consent, repay any affiliate (as defined in Rule 144) of the Borrower in connection with any indebtedness or accrued amounts owed to any such party outside the ordinary course of businessparty.

Appears in 1 contract

Samples: Securities Purchase Agreement (Clean Energy Technologies, Inc.)

Advances and Loans; Affiliate Transactions. So long as the Borrower shall have any obligation under this Note, the Borrower shall not, without the Holder’s written consent, lend money, give credit, make advances to or enter into any transaction with any person, firm, joint venture or corporation, including, without limitation, officers, directors, employees, subsidiaries and affiliates of the Borrower, except loans, credits or advances (a) in existence or committed or publicly stated as contemplated in SEC Documents on the Issue Date and which the Borrower has informed Holder Hxxxxx in writing prior to the Issue Date, (b) in regard to transactions with unaffiliated third parties, made in the ordinary course of business or (c) in regard to transactions with unaffiliated third parties, not in excess of $250,000.00. Except as disclosed in the SEC Documents prior to the Issue Date, so long as the Borrower shall have any obligation under this Note, the Borrower shall not, without the Holder’s written consent, repay any affiliate (as defined in Rule 144) of the Borrower in connection with any indebtedness or accrued amounts owed to any such party outside the ordinary course of business.

Appears in 1 contract

Samples: Securities Purchase Agreement (RespireRx Pharmaceuticals Inc.)

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Advances and Loans; Affiliate Transactions. So long At all times beginning on the date that an Event of Default (as the Borrower shall have any obligation defined in this Note) has occurred under this NoteNote and continuing until the Note is extinguished in the entirety, the Borrower shall not, without the Holder’s written consent, lend money, give credit, make advances to or enter into any transaction with any person, firm, joint venture or corporation, including, without limitation, officers, directors, employees, subsidiaries and affiliates of the Borrower, except loans, credits or advances (a) in existence or committed or publicly stated as contemplated in SEC Documents on the Issue Date and which the Borrower has informed Holder Xxxxxx in writing prior to the Issue Date, (b) in regard to transactions with unaffiliated third parties, made in the ordinary course of business or (c) in regard to transactions with unaffiliated third parties, not in excess of $250,000.00100,000. Except as disclosed in the SEC Documents prior to the Issue Date, so So long as the Borrower shall have any obligation under this Note, the Borrower shall not, without the Holder’s written consent, which shall not be unreasonably withheld, repay any affiliate (as defined in Rule 144) of the Borrower in connection with any indebtedness or accrued amounts owed to any such party outside the ordinary course of businessparty.

Appears in 1 contract

Samples: Securities Purchase Agreement (Us Nuclear Corp.)

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