Initial Note Sample Clauses

Initial Note. “Initial Note” shall mean collectively, (a) the third amended and restated promissory note dated the same date as this Agreement executed by Borrower evidencing the Line of Credit Loan in the form of Exhibit A hereto and all extensions, renewals, modifications and replacements of such promissory note (“Line of Credit Note”); and (b) the promissory note dated the same date as this Agreement executed by Borrower evidencing the 2017 Term Loan in the form of Exhibit B hereto and all extensions, renewals, modifications and replacements of such promissory note (“2017 Term Loan Note”).

Initial Note. Subject to the terms and conditions of this Agreement, at the Initial Closing (as defined below), the Borrower agrees to issue and sell a note (the “Initial Note”) in the principal amount of up to US$88,000,000 (the “Initial Principal Amount”) to the Lender against payment by the Lender to the Borrower of the Initial Principal Amount.

Initial Note. Subject to the satisfaction (or, where legally permissible, the waiver) of the conditions set forth in Section 6, the Company shall issue and sell to the Investor, and the Investor shall purchase from the Company on the Initial Closing Date (as defined below), the Initial Note (the “Initial Closing”).

Initial Note. Seller shall have duly executed and delivered to Buyer the Initial Note.

Initial Note. Collectively, (a) the amended and restated promissory note dated the same date as this Agreement executed by Borrower evidencing the Line of Credit Loan in the form of Exhibit A hereto and all extensions, renewals, modifications and replacements of such promissory note (“Line of Credit Note”); and (b) the promissory note dated the same date as this Agreement executed by Borrower evidencing the Term Loan in the form of Exhibit B hereto and all extensions, renewals, modifications and replacements of such promissory note (“Term Loan Note”).

Initial Note. See Exhibit 4.2 of the Company’s Current Report on Form 8-K filed with the SEC on October 19, 2021.

Initial Note. Notwithstanding the foregoing, the Parties acknowledge that on the date hereof, the Company has issued to Calavo a five year promissory note (“Initial Note”), in the form of Exhibit A, in a principal amount of $300,000.00 and bearing interest at the Interest Rate, payable quarterly. The Initial Note is to be secured by the assets of the Company in accordance with a security agreement in the form attached hereto as Exhibit B. Calavo shall be entitled to make additional loans to the Company on similar terms, or such other terms as the Executive Committee, after taking into account the Company’s reasonable working capital needs and overall financing condition, may approve in its sole discretion.

Initial Note. On the Funding Date, Agent shall execute and deliver a Note in the principal amount of $15,000,000 (the “Initial Note”).

Initial Note. Subject to satisfaction (or waiver) of the conditions set forth in Sections 5.1(a) and 5.2(a), the Company shall issue and sell to Purchaser, and Purchaser agrees to purchase from the Company on the Initial Closing Date (as defined below), a 15% Convertible Senior Secured Promissory Note (the “Initial Note”), in the form attached hereto as Exhibit B, in the principal amount of $1,000,000 for an aggregate purchase price of $1,000,000 (the “Initial Purchase Price”).