Common use of Amendment and Restatement; Issuance of Series B Note Clause in Contracts

Amendment and Restatement; Issuance of Series B Note. Subject to satisfaction (or waiver) of the conditions set forth in Sections 4 and 5 below, at the closing contemplated by this Agreement (the "Closing"), the Investor's Existing Primary Notes, Existing Initial Bridge Warrants, if any, Existing Second Bridge Warrants, if any, Existing Primary Series A Warrants and Existing Primary Series B Warrants shall be cancelled and the Company shall issue and deliver to the Investor (i) an Amended and Restated Primary Note in a principal amount equal to $87,000,000 and (ii) a Series B Note in the principal amount equal to the Investor Legal Fee Amount as payment in full of the outstanding legal fees and expenses of the Investor as of the Closing.

Amendment and Restatement; Issuance of Series B Note. Subject to satisfaction (or waiver) of the conditions set forth in Sections 4 and 5 below, at the closing contemplated by this Agreement (the "Closing"), the Investor's Existing Primary Notes, Existing Initial Bridge Warrants, if any, Existing Second Bridge Warrants, if any, Existing Primary Series A Warrants and Existing Primary Series B Warrants shall be cancelled and the Company shall issue and deliver to the Investor (i) an Amended and Restated Primary Note in a principal amount equal to $87,000,000 2,000,000 and (ii) a Series B Note in the principal amount equal to the Investor Legal Fee Amount as payment in full of the outstanding legal fees and expenses of the Investor as of the Closing.

Amendment and Restatement; Issuance of Series B Note. Subject to satisfaction (or waiver) of the conditions set forth in Sections 4 and 5 below, at the closing contemplated by this Agreement (the "Closing"), the Investor's Existing Primary Notes, Existing Initial Bridge Warrants, if any, Existing Second Bridge Warrants, if any, Existing Primary Series A Warrants and Existing Primary Series B Warrants shall be cancelled and the Company shall issue and deliver to the Investor (i) an Amended and Restated Primary Note in a principal amount equal to $87,000,000 6,000,000 and (ii) a Series B Note in the principal amount equal to the Investor Legal Fee Amount as payment in full of the outstanding legal fees and expenses of the Investor as of the Closing.

Amendment and Restatement; Issuance of Series B Note. Subject to satisfaction (or waiver) of the conditions set forth in Sections 4 and 5 below, at the closing contemplated by this Agreement (the "Closing"), the Investor's Existing Primary Notes, Existing Initial Bridge Warrants, if any, Existing Second Bridge Warrants, if any, Existing Primary Series A Warrants and Existing Primary Series B Warrants shall be cancelled and the Company shall issue and deliver to the Investor (i) an Amended and Restated Primary Note in a principal amount equal to $87,000,000 10,000,000 and (ii) a Series B Note in the principal amount equal to the Investor Legal Fee Amount as payment in full of the outstanding legal fees and expenses of the Investor as of the Closing.