Book Entry. Notwithstanding anything to the contrary set forth herein, upon conversion or redemption of this Note in accordance with the terms hereof, the Holder shall not be required to physically surrender this Note to the Company unless all of the Principal is being converted or redeemed. The Holder and the Company shall maintain records showing the Principal converted or redeemed and the dates of such conversions or redemptions or shall use such other method, reasonably satisfactory to the Holder and the Company, so as not to require physical surrender of this Note upon any such partial conversion or redemption. Notwithstanding the foregoing, if this Note is converted or redeemed as aforesaid, the Holder may not transfer this Note unless the Holder first physically surrenders this Note to the Company, whereupon the Company will forthwith issue and deliver upon the order of the Holder a new Note of like tenor, registered as the Holder may request, representing in the aggregate the remaining Principal represented by this Note. The Holder and any assignee, by acceptance of this Note, acknowledge and agree that, by reason of the provisions of this paragraph, following conversion or redemption of any portion of this Note, the Principal of this Note may be less than the principal amount stated on the face hereof.
Appears in 9 contracts
Sources: Facility Agreement (ADC Therapeutics SA), Security Agreement (Ocular Therapeutix, Inc), Note Purchase Agreement (Ocular Therapeutix, Inc)
Book Entry. Notwithstanding anything to the contrary set forth herein, upon conversion or redemption repayment of this Note in accordance with the terms hereof, the Holder shall not be required to physically surrender this Note to the Company unless all of the Principal is being converted or redeemedrepaid. The Holder and the Company shall maintain records showing the Principal converted or redeemed repaid and the dates of such conversions or redemptions repayments or shall use such other method, reasonably satisfactory to the Holder and the Company, so as not to require physical surrender of this Note upon any such partial conversion or redemptionrepayment. Notwithstanding the foregoing, if this Note is converted or redeemed repaid as aforesaid, the Holder may not transfer this Note unless the Holder first physically surrenders this Note to the Company, whereupon the Company will forthwith issue and deliver upon the order of the Holder a new Note of like tenor, registered as the Holder may request, representing in the aggregate the remaining Principal represented by this Note. The Holder and any assignee, by acceptance of this Note, acknowledge and agree that, by reason of the provisions of this paragraph, following conversion or redemption repayment of any portion of this Note, the Principal of this Note may be less than the principal amount stated on the face hereof.
Appears in 3 contracts
Sources: Facility Agreement, Facility Agreement (Mannkind Corp), Facility Agreement and Registration Rights Agreement (Mannkind Corp)
Book Entry. Notwithstanding anything to the contrary set forth herein, upon conversion or redemption purchase by the Company of any portion of this Note in accordance with the terms hereof, the Holder shall not be required to physically surrender this Note to the Company unless all of (i) the Principal full Conversion Amount represented by this Note is being converted converted, (ii) the full Put Price represented by this Note is being put to the Company pursuant to the Put Option or redeemed(iii) the Holder has provided the Company with prior written notice (which notice may be included in a Conversion Notice) requesting reissuance of this Note upon physical surrender. The Holder and the Company shall maintain records showing the Principal and Late Charges converted or redeemed and the dates of such conversions or redemptions purchase or shall use such other method, reasonably satisfactory to the Holder and the Company, so as not to require physical surrender of this Note upon any such partial conversion or redemptionconversion. Notwithstanding If the foregoing, if outstanding Principal of this Note is greater than the Principal portion being converted or redeemed as aforesaidrepurchased, and the Holder may not transfer hereof shall request in writing, then the Company shall as soon as practicable, and in no event later than fifth (5th) Business Days after, such request and receipt of this Note unless the Holder first physically surrenders this Note to the Companyand at its own expense, whereupon the Company will forthwith issue and deliver upon the order of to the Holder a new Note of like tenor, registered as (in accordance with Section 14) representing the Holder may request, representing outstanding Principal not converted or purchased. The Person or Persons specified in the aggregate Conversion Notice as entitled to receive the remaining Principal represented by this Note. The Holder and any assignee, by acceptance shares of this Note, acknowledge and agree that, by reason of the provisions of this paragraph, following Common Stock issuable upon a conversion or redemption of any portion of this Note, the Principal of this Note may shall be less than treated for all purposes as the principal amount stated record holder or holders of such shares of Common Stock on the face hereofConversion Date.
Appears in 2 contracts
Sources: Note Purchase Agreement (Blue Coat Systems Inc), Note Purchase Agreement (Blue Coat Systems Inc)
Book Entry. Notwithstanding anything to the contrary set forth herein, upon conversion Conversion or redemption repayment of this Note in accordance with the terms hereof, the Holder shall not be required to physically surrender this Note to the Company unless all of the Principal is being converted or redeemedrepaid. The Holder and the Company shall maintain records showing the Principal converted or redeemed repaid and the dates of such conversions or redemptions repayments or shall use such other method, reasonably satisfactory to the Holder and the Company, so as not to require physical surrender of this Note upon any such partial conversion or redemptionrepayment. Notwithstanding the foregoing, if this Note is converted or redeemed repaid as aforesaid, the Holder may not transfer this Note unless the Holder first physically surrenders this Note to the Company, whereupon the Company will forthwith issue and deliver upon the order of the Holder a new Note of like tenor, registered as the Holder may request, representing in the aggregate the remaining Principal represented by this Note. The Holder and any assignee, by acceptance of this Note, acknowledge and agree that, by reason of the provisions of this paragraph, following conversion or redemption repayment of any portion of this Note, the Principal of this Note may be less than the principal amount stated on the face hereof.
Appears in 2 contracts
Sources: Facility Agreement, Facility Agreement (Neos Therapeutics, Inc.)
Book Entry. Notwithstanding anything to the contrary set forth herein, upon conversion or redemption repayment of this Note in accordance with the terms hereof, the Holder Lender shall not be required to physically surrender this Note to the Company Borrower unless all of the Principal is being converted or redeemedrepaid. The Holder Lender and the Company Borrower shall maintain records showing the Principal converted or redeemed repaid and the dates of such conversions or redemptions repayments or shall use such other method, reasonably satisfactory to the Holder Lender and the CompanyBorrower, so as not to require physical surrender of this Note upon any such partial conversion or redemptionrepayment. Notwithstanding the foregoing, if this Note is converted or redeemed repaid as aforesaid, the Holder Lender may not transfer this Note unless the Holder Lender first physically surrenders this Note to the CompanyBorrower, whereupon the Company Borrower will forthwith issue and deliver upon the order of the Holder Lender a new Note of like tenor, registered as the Holder Lender may request, representing in the aggregate the remaining Principal represented by this Note. The Holder Lender and any assignee, by acceptance of this Note, acknowledge and agree that, by reason of the provisions of this paragraph, following conversion or redemption repayment of any portion of this Note, the Principal of this Note may be less than the principal amount “Principal Amount” stated on the face hereof.
Appears in 2 contracts
Sources: Facility Agreement (Endologix Inc /De/), Facility Agreement (Endologix Inc /De/)
Book Entry. Notwithstanding anything to the contrary set forth herein, upon conversion or redemption of this Note in accordance with the terms hereof, the The Holder shall not be required to physically surrender this Note Debenture to the Company unless all of the full Outstanding Principal Amount represented by this Debenture is being converted or redeemed. The Holder and the Company shall maintain records showing the Outstanding Principal Amount so converted or redeemed and the dates of such conversions or and/or redemptions or shall use such other method, reasonably satisfactory to the Holder and the Company, so as not to require physical surrender of this Note Debenture upon any each such partial conversion or redemption. Notwithstanding the foregoing, if this Note Debenture is converted or redeemed as aforesaid, the Holder may not transfer this Note Debenture unless the Holder first physically surrenders this Note Debenture to the Company, whereupon the Company will forthwith issue and deliver upon the order of the Holder a new Note Debenture of like tenor, registered as the Holder may request, representing in the aggregate the remaining Outstanding Principal Amount represented by this NoteDebenture and reflecting the use of the book entry provisions set forth herein. The Holder and any assignee, by acceptance of this NoteDebenture or a new Debenture, acknowledge and agree that, by reason of the provisions of this paragraph, following conversion or redemption of any portion of this NoteDebenture, the Outstanding Principal of Amount represented by this Note Debenture may be less than the principal amount stated and the accrued interest set forth on the face hereof.. 11
Appears in 1 contract
Book Entry. Notwithstanding anything to the contrary set forth herein, upon conversion or redemption of any portion of this Note in accordance with the terms hereof, the Holder thereof shall not be required to physically surrender this Note to the Company unless all of the Principal full Conversion Amount then outstanding is being converted or redeemedconverted. The Holder and the Company shall maintain records showing the Principal Conversion Amount so converted or redeemed and the dates of such conversions or redemptions or shall use such other method, reasonably satisfactory to the Holder and the CompanyHolder, so as not to require physical surrender of this Note upon any each such partial conversion or redemptionconversion. Notwithstanding the foregoing, if any portion of this Note is converted or redeemed as aforesaid, thereafter, the Holder may not transfer this Note unless the Holder first physically surrenders this Note to the Company, whereupon the Company will forthwith issue and deliver upon the order of the Holder a new Note of like tenor, registered as the Holder may request, representing in the aggregate the remaining Principal Conversion Amount represented by this Note. The Holder and any assignee, by acceptance of this Note or such new Note, acknowledge and agree that, by reason of the provisions of this paragraph, following conversion or redemption of any portion of this Note, the Principal of Conversion Amount represented by this Note may be less than the principal amount stated set forth on the face hereof.
Appears in 1 contract
Book Entry. Notwithstanding anything to the contrary set forth herein, upon conversion or redemption of this Note in accordance with the terms hereof, the The Holder shall not be required to physically surrender this Note Debenture to the Company unless all of the full Outstanding Principal Amount represented by this Debenture is being converted or redeemed. The Holder and the Company shall maintain records showing the Outstanding Principal Amount so converted or redeemed and the dates of such conversions or and/or redemptions or shall use such other method, reasonably satisfactory to the Holder and the Company, so as not to require physical surrender of this Note Debenture upon any each such partial conversion or redemption. Notwithstanding the foregoing, if this Note Debenture is converted or redeemed as aforesaid, the Holder may not transfer this Note Debenture unless the Holder first physically surrenders this Note Debenture to the Company, whereupon the Company will forthwith issue and deliver upon the order of the Holder a new Note Debenture of like tenor, registered as the Holder may request, representing in the aggregate the remaining Outstanding Principal Amount represented by this NoteDebenture and reflecting the use of the book entry provisions set forth herein. The Holder and any assignee, by acceptance of this NoteDebenture or a new Debenture, acknowledge and agree that, by reason of the provisions of this paragraph, following conversion or redemption of any portion of this NoteDebenture, the Outstanding Principal of Amount represented by this Note Debenture may be less than the principal amount stated and the accrued interest set forth on the face hereof.
Appears in 1 contract
Book Entry. Notwithstanding anything to the contrary set forth herein, upon conversion exchange or redemption of this Note in accordance with the terms hereof, the Holder shall not be required to physically surrender this Note to the Company unless all of the Principal is being converted exchanged or redeemed. The Holder and the Company shall maintain records showing the Principal converted exchanged or redeemed and the dates of such conversions exchanges or redemptions or shall use such other method, reasonably satisfactory to the Holder and the Company, so as not to require physical surrender of this Note upon any such partial conversion exchange or redemption. Notwithstanding the foregoing, if this Note is converted exchanged or redeemed as aforesaid, the Holder may not transfer this Note unless the Holder first physically surrenders this Note to the Company, whereupon the Company will forthwith issue and deliver upon the order of the Holder a new Note of like tenor, registered as the Holder may request, representing in the aggregate the remaining Principal represented by this Note. The Holder and any assignee, by acceptance of this Note, acknowledge and agree that, by reason of the provisions of this paragraph, following conversion exchange or redemption of any portion of this Note, the Principal of this Note may be less than the principal amount stated on the face hereof.
Appears in 1 contract
Sources: Facility Agreement (Pozen Inc /Nc)