Common use of Equity Security Clause in Contracts

Equity Security. As security for the indebtedness, liabilities and obligations of the Borrower to the Lender under this Agreement, upon the Lender delivering the Loan funds to the Borrower, the Borrower shall issue and deliver to the Lender 7,500,000 shares of restricted common stock in its capital (the “Shares” or “Share Collateral”), deliverable proportionately to delivery of funds (i.e. 1,250,000 shares when the first $500,000 of the Loan is advanced, and a further 6,250,000 shares upon delivery of the balance of the Loan at the rate of 2.5 shares for each dollar advanced); provided, that, upon the initial delivery of funds totaling $1,000,000 by Lender, Borrower shall deliver to Lender, in addition to the certificate or certificates representing the 2,500,000 Shares that collateralize such $1,000,000, a certificate or certificates representing the additional 5,000,000 Shares (the “Advance Collateral Shares”) that are to collateralize the additional $2,000,000 principal amount of Installments of the Loan and that will bear an appropriate legend to the effect that such Shares are issued subject to the terms of this Agreement. To the extent the Advance Collateral Shares held by the Lender are not allocated to collateralize further Installments of the Loan pursuant to this Agreement, the Lender hereby agrees that the Borrower, without any further consent of the Lender, may cancel, pursuant to Nevada Revised Statutes 78.250, the certificate or certificates representing such outstanding Advance Collateral Shares that are not so allocated to collateralize the Loan hereunder and the Lender will forthwith redeliver the certificates representing such Advance Collateral Shares to Borrower or Borrower’s transfer agent, as requested. The Shares shall be represented by stock certificates issued by the Borrower’s registrar and transfer agent in the name of the Lender, to be held in escrow by the Lender.

Appears in 1 contract

Samples: Loan Agreement (Hybrid Technologies Inc.)

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Equity Security. As security for the indebtedness, liabilities and obligations of the Borrower to the Lender under this Agreement, upon the Lender delivering the Loan funds to the Borrower, the Borrower shall issue and deliver to the Lender 7,500,000 10,000,000 shares of restricted common stock in its capital (the "Shares" or "Share Collateral"), deliverable proportionately to delivery of funds (i.e. 1,250,000 shares when the first $500,000 of the Loan is advanced, and a further 6,250,000 8,750,000 shares upon delivery of the balance of the Loan at the rate of 2.5 shares for each dollar advanced); provided, that, upon the initial delivery of funds totaling $1,000,000 by Lender, Borrower shall deliver to Lender, in addition to the certificate or certificates representing the 2,500,000 Shares that collateralize such $1,000,000, a certificate or certificates representing the additional 5,000,000 7,500,000 Shares (the "Advance Collateral Shares") that are to collateralize the additional $2,000,000 3,000,000 principal amount of Installments of the Loan and that will bear an appropriate legend to the effect that such Shares are issued subject to the terms of this Agreement. To the extent the Advance Collateral Shares held by the Lender are not allocated to collateralize further Installments of the Loan pursuant to this Agreement, the Lender hereby agrees that the Borrower, without any further consent of the Lender, may cancel, pursuant to Nevada Revised Statutes 78.250, the certificate or certificates representing such outstanding Advance Collateral Shares that are not so allocated to collateralize the Loan hereunder and the Lender will forthwith redeliver the certificates representing such Advance Collateral Shares to Borrower or Borrower’s 's transfer agent, as requested. The Shares shall be represented by stock certificates issued by the Borrower’s 's registrar and transfer agent in the name of the Lender, to be held in escrow by the Lender.

Appears in 1 contract

Samples: Loan Agreement (Hybrid Technologies Inc.)

Equity Security. As security for the indebtedness, liabilities and obligations of the Borrower to the Lender under this Agreement, upon the Lender delivering the Loan funds to the Borrower, the Borrower shall issue and deliver to the Lender 7,500,000 20,000,000 shares of restricted common stock in its capital (the “Shares” or “Share Collateral”)Collateral”),Borrower shall caused the entire 20,000,0000 shares to be issued upon execution of note, deliverable proportionately to delivery of funds (i.e. 1,250,000 shares when the first $500,000 of the Loan is advanced, and a further 6,250,000 shares upon delivery of the balance of the Loan at the rate of 2.5 shares for each dollar advanced); provided, that, upon the initial delivery of funds totaling $1,000,000 by Lender, Borrower shall deliver to Lender, in addition to the as certificate or certificates representing the 2,500,000 Shares that collateralize such $1,000,000, a certificate or certificates representing the additional 5,000,000 20,000,000 Shares (the “Advance Collateral Shares”) that are to collateralize the additional $2,000,000 2,000,000.00 principal amount of Installments of the Loan and that will bear an appropriate legend to the effect that such Shares are issued subject to the terms of this Agreement. To the extent the Advance Collateral Shares held by the Lender are not allocated to collateralize further Installments of the Loan pursuant to this Agreement, the Lender hereby agrees that the Borrower, without any further consent of the Lender, may cancel, pursuant to Nevada Revised Statutes 78.250, the certificate or certificates representing such outstanding Advance Collateral Shares that are not so allocated to collateralize the Loan hereunder and the Lender will forthwith redeliver the certificates representing such Advance Collateral Shares to Borrower or Borrower’s transfer agent, as requested. The Shares shall be represented by stock certificates issued by the Borrower’s registrar and transfer agent in the name of the Lender, to be held in escrow by the Lender.

Appears in 1 contract

Samples: Loan Agreement (Li-Ion Motors Corp.)

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Equity Security. As security for the indebtedness, liabilities and obligations of the Borrower to the Lender under this Agreement, upon the Lender delivering the Loan funds to the Borrower, the Borrower shall issue and deliver to the Lender 7,500,000 10,000,000 shares of restricted common stock in its capital (the “Shares” or “Share Collateral”), deliverable proportionately to delivery of funds (i.e. 1,250,000 shares when the first $500,000 250,000.00 of the Loan is advanced, and a further 6,250,000 8,750,000 shares upon delivery of the balance of the Loan at the rate of 2.5 5 shares for each dollar advanced); provided, that, upon the initial delivery of funds totaling $1,000,000 by Lender, Borrower shall deliver to Lender, in addition to the certificate or certificates representing the 2,500,000 Shares that collateralize such $1,000,000, a certificate or certificates representing the additional 5,000,000 7,500,000 Shares (the “Advance Collateral Shares”) that are to collateralize the additional $2,000,000 1,750,000.00 principal amount of Installments of the Loan and that will bear an appropriate legend to the effect that such Shares are issued subject to the terms of this Agreement. To the extent the Advance Collateral Shares held by the Lender are not allocated to collateralize further Installments of the Loan pursuant to this Agreement, the Lender hereby agrees that the Borrower, without any further consent of the Lender, may cancel, pursuant to Nevada Revised Statutes 78.250, the certificate or certificates representing such outstanding Advance Collateral Shares that are not so allocated to collateralize the Loan hereunder and the Lender will forthwith redeliver the certificates representing such Advance Collateral Shares to Borrower or Borrower’s transfer agent, as requested. The Shares shall be represented by stock certificates issued by the Borrower’s registrar and transfer agent in the name of the Lender, to be held in escrow by the Lender.

Appears in 1 contract

Samples: Loan Agreement (Li-on Motors Corp.)

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