Cancellation of the Note. Holder hereby assigns, transfers and surrenders for cancellation the Note to the Company. Simultaneously with the execution of this Agreement, Holder shall deliver to the Company the Note, duly endorsed as terminated and cancelled. Holder acknowledges that upon Holder’s receipt of the Settlement Shares and the Penalty Shares pursuant to Section 2(b) above, Holder shall have no further rights to any payments under the Note.
Cancellation of the Note. Immediately upon the execution of this Agreement by the parties and the Closing of the Transaction under the SPA, the Note shall be deemed to be irrevocably cancelled and terminated and all indebtedness and obligations owing under the Note to be forgiven. Immediately thereafter, the Lender shall mxxx the Note as cancelled and shall surrender the cancelled Note to the Borrower. After giving effect to this Agreement, the Lender confirms that there are no obligations owing to the Lender by the Borrower. The Lender hereby releases the Borrower, effective as of the date hereof, from any claim, cause of action or liability at any time arising prior to the date hereof out of or with respect to the Note and the transactions contemplated thereby.
Cancellation of the Note. Pursuant to Section 21 of the Note, upon completion of the Final Share Conversion and delivery to the Holder of the 13,092,242 shares of the Company common stock to be issued pursuant to the Final Share Conversion, the Note shall be deemed cancelled.
Cancellation of the Note. Upon execution of this Agreement, the Plaintiffs shall cause the Note to be marked "CANCELLED" and returned to VSC, and the Note shall be of no further force or effect.
Cancellation of the Note. 658111 Ltd. hereby assigns, transfers and surrenders for cancellation the Note to the Company. Simultaneously with the execution of this Agreement, 658111 Ltd. shall deliver to the Company the Note, duly endorsed as terminated and cancelled. 658111 Ltd. acknowledges that upon its receipt of the Settlement Shares pursuant to Section 1(b) above and delivery of the Note pursuant to this Section, it shall have no further rights to any payments under the Note.
Cancellation of the Note. Holder agrees that, as of the Closing, Holder shall have no further rights under the Note and such Note shall be deemed cancelled and of no further force and effect. Prior to the Closing, Holder shall deliver the original Note to the Company (or its designee) duly endorsed for transfer to the Company. Promptly following the Closing, the Company shall deliver or cause its transfer agent to deliver to Holder, the number of Shares designated in accordance with Section 1.1(a) above; provided, however, that to the extent that Holder does not deliver the original Note prior to Closing, upon surrender of the duly endorsed original Note to the Company (or its designee), the Holder shall be entitled to receive (and the Company shall promptly issue or cause to be issued) in exchange therefor the number of Shares issuable pursuant to Section 1(a) above. From and after the Closing, Holder shall have no rights with respect to the Note other than to surrender the original Note and receive Shares in exchange therefor.
Cancellation of the Note. Upon receipt of confirmation of a wire transfer, Holder shall forward the original copy of the Note marked “PAID IN FULL” on the top of the Note. In the event Holder is unable to locate the original copy of the Note, of if Holder fails to forward the original copy of the Note, Holder hereby agrees that its receipt of funds representing the Amount Due shall be conclusive evidence of Maker’s full repayment of the Note and Holder’s rights thereunder shall cease.
Cancellation of the Note. Contemporaneously with the execution of this Agreement, Shareholders’ Representative shall cancel the Note by conspicuously marking each page of the Note with the word “CANCELLED” and deliver the cancelled Note to Maker. Shareholders’ Representative releases Maker of any and all claims, liabilities or obligations under the Note upon receipt of the Settlement Payment, and without the necessity of any further action.
Cancellation of the Note. Upon execution of this Agreement, Baron will immediately tender to the Corporation the cancelled Note and will do all that is necessary to ensure that the Note is cancelled in compliance will all applicable laws, covenants, and restrictions.
Cancellation of the Note. Concurrent with the payment in full of the Promissory Note provided for in paragraph 2.2 of this Agreement, Seller shall deliver to the Company the Promissory Note with a written notation, "This Promissory Note has been paid in full," affixed to the face of the Promissory Note and signed by an officer authorized by Seller. 4.
