Hereinafter the Security Documents, together with all other documents evidencing or securing the Obligations shall be referred to as the "Existing Loan Documents".
Hereinafter. (i) the Ordinary Shares purchasable hereunder or any other securities which may be issued by the Company in substitution therefor, are referred to as the "Warrant Shares"; (ii) the price of sixty two cents ($0.62) payable hereunder for each of the Warrant Shares, as adjusted in the manner set forth hereinafter, is referred to as the "Exercise Price" and (iii) this Warrant and all warrants hereafter issued in exchange or substitution for this Warrant are referred to as the "Warrants". The Exercise Price and the number of Warrant Shares are subject to adjustment as hereinafter provided.
Hereinafter the Loan Agreement and the IP Agreement, together with all other documents executed in connection therewith evidencing, securing or otherwise relating to the Obligations (other than this Loan Modification Agreement) shall be referred to as the “Existing Loan Documents”.
Hereinafter all indebtedness owing by Borrower to Bank under the Revolving Note, the Term Note and the Loan Agreement shall be referred to as the "Indebtedness."
Hereinafter. If Tenant fails to pay the Base Rent to Landlord prior to the fifth (5th) calendar day of any month during the Term, Tenant shall pay to Landlord as a late charge to defray the administrative costs and expenses of handling late payments, a sum equal to the greater of $50.00 or 5% of such late payments.
Hereinafter all indebtedness owing by Borrower to Lender shall be referred to as the "Indebtedness." Hereinafter, all other documents evidencing or securing the Indebtedness shall be referred to as the "Existing Loan Documents."
Hereinafter. (i) said common stock, together with any other equity securities which may be issued by the Company with respect thereto or in substitution therefor, is referred to as the "Common Stock," (ii) the shares of the Common Stock purchasable hereunder or under any other Warrant (as hereinafter defined) are referred to individually as a "Warrant Share" and collectively as the "Warrant Shares," (iii) the aggregate purchase price payable for the Warrant Shares hereunder is referred to as the "Aggregate Warrant Price," (iv) the price payable for each of the Warrant Shares hereunder is referred to as the "Per Share Warrant Price," (v) this Warrant, all similar Warrants issued on the date hereof and all Warrants hereafter issued in exchange or substitution for this Warrant or such similar Warrants are referred to as the "Warrants" and (vi) the holder of this Warrant is referred to as the "Holder" and the holder of this Warrant and all other Warrants or Warrant Shares issued upon the exercise of any Warrant are referred to as the "Holders." "Change of Control" shall mean (i) a consolidation or merger of the Company with or into any corporation or corporations that are unaffiliated with the Company on the date hereof, (ii) a sale, lease or transfer of all or substantially all of the assets of the Company, (iii) the sale of at least 51% of the outstanding equity of the Company in a single transaction or series of related transactions or (iv) the date on which Xxxx X. Xxxxx shall fail to own more than 51% of the Company's common equity on a fully diluted basis. The Per Share Warrant Price is also subject to adjustment as hereinafter provided in Section 3; in the event of any adjustment to the Per Share Warrant Price pursuant to the provisions of Section 3, the number of Warrant Shares shall be adjusted by dividing the Aggregate Warrant Price by the Per Share Warrant Price in effect immediately after such adjustment. The Aggregate Warrant Price shall not be adjusted as a result of the application of the provisions of Section 3.
Hereinafter. In case of disagreement on the rate revision terms, each Party may apply the provisions provided by Article 4 hereinafter. Cdiscount shall collect the monthly instalments due by the Customers on R2, R3 and R4 on behalf of Banque Casino, under a collection authorisation, respectively on D+31, D+61 and D+91. In the event the Customer misses a payment, Cdiscount shall initiate amicable recovery proceedings, for and on behalf of Banque Casino, by virtue of a recovery authorisation. Cdiscount shall pay back, in the form of bank transfers to Banque Casino, an amount equal to R2, R3 and R4 respectively on D+31, D+61 and D+91. Once one of the ranks due by the Customer is late by more than 7 days, BCA shall reimburse to Cdiscount, on the first next business day, the amount of the rank unpaid taken by BCA from Cdiscount and BCA shall determine the withdrawals of the following ranks. Cdiscount shall continue to pay back monthly to Banque Casino all of the payments collected thanks to its recovery proceedings. Cdiscount shall provide a daily report (every business day) and a monthly report, according to the format agreed between the Parties, with all the information related to the “Bank Card payment in 4 instalments” contracts subscribed by the Customers, collections and the unpaid instalments related thereto. The “Bank Card payment in 4 instalments” contracts which shall give rise to Cdiscount bearing the Cost of the Risk of Unpaid Instalments shall be specified in this report and the potential sums due in this respect shall be paid by Cdiscount to BCA on the business day following the observation of the unpaid instalment, 300 days after the due date of the payment and deducting a potential assignment of debt claims by BCA in favour of a third party.
Hereinafter. The aggregate principal amount of the Promissory Notes shall be reduced by the Loan Adjustment Calculation, which is equal to the product of nine hundred thousand (900,000) times the average closing bid price on Nasdaq (market price) of the Acquiror's Common Stock for a period of 60 trading days commencing the day following closing. Payments on the Note(s) may be offset to the extent of liabilities of Mediatech not disclosed in Mediatech's Financial Statements or in Schedule 3.1(2)(b).