Minimum Borrowing Amount. After a registration statement registering the Registrable Securities (as defined in the Registration rights Agreement) has been declared effective by the SEC, conversions of the Minimum Borrowing Amount into the Common Stock of the Company may be initiated as set forth in the Notes. From and after the date upon which the entire outstanding principal of the Minimum Borrowing Amount (as evidenced by the first Minimum Borrowing Note) is converted into Common Stock (the “First Conversion Date”), (i) corresponding amounts of all outstanding Loans (not attributable to the then outstanding Minimum Borrowing Amount) existing on or made after the First Conversion Date will be aggregated (and the corresponding amount shall be deducted from Loans under the Revolving Note) until they reach the sum of $1,500,000 and (ii) the Company will issue a new (serialized) Minimum Borrowing Note to Laurus in respect of such $1,500,000 aggregation, and (iii) the Company shall prepare and file a subsequent registration statement with the SEC to register such subsequent Minimum Borrowing Note as set forth in the Registration Rights Agreement. Any such new Minimum Borrowing Note shall be subject to the parties agreeing to an adjusted Fixed Conversion Price, per Section 2.2 of the Secured Convertible Minimum Borrowing Note, executed contemporaneously herewith.”
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Sources: Security Agreement (Artemis International Solutions Corp)
Minimum Borrowing Amount. After a registration statement registering the resale of the Registrable Securities (as defined in the Registration rights Rights Agreement) has been declared effective by the SEC, conversions of the Minimum Borrowing Amount into the Common Stock of the Company may be initiated as set forth in the Notesrespective Minimum Borrowing Note. From and after the date upon which the entire outstanding principal of the Minimum Borrowing Amount (as evidenced by the first Minimum Borrowing Note) is converted into Common Stock (the “"First Conversion Date”"), (i) corresponding amounts of all outstanding Loans (not attributable to the then outstanding Minimum Borrowing AmountNote) existing on or made after the First Conversion Date corresponding to, and in amounts equal to, the principal amounts of the Minimum Borrowing Note that have been converted will be aggregated (aggregated, as described in Section 2(a)(i) and subject to the corresponding condition that no transfers or aggregations may be made out of the Revolving Note in any amount shall be deducted from Loans that would cause the outstanding balance under the Revolving Note) Note to be less that $1,500,000, until they reach the sum of $1,500,000 2,750,000 and (ii) Company will, at the Company will time of such aggregation reaches the sum of $2,750,000, issue a new (serialized) Minimum Borrowing Note to Laurus in respect of such $1,500,000 2,750,000 aggregation, and (iii) the Company shall prepare and file a subsequent registration statement with the SEC to register such subsequent Minimum Borrowing Note as set forth in the Registration Rights Agreement. Any such new Notwithstanding the immediately foregoing, in no event shall the Company be required to issue more than two serialized Minimum Borrowing Note shall be subject to Notes without the parties agreeing to an adjusted Fixed Conversion Price, per Section 2.2 of the Secured Convertible Minimum Borrowing Note, executed contemporaneously herewithCompany's prior written consent.”
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Minimum Borrowing Amount. After a registration statement registering the resale of the Registrable Securities (as defined in the Registration rights Rights Agreement) has been declared effective by the SEC, conversions of the Minimum Borrowing Amount into the Common Stock of the Company may be initiated as set forth in the Notesrespective Minimum Borrowing Note. From and after the date upon which the entire outstanding principal of the Minimum Borrowing Amount (as evidenced by the first Minimum Borrowing Note) is converted into Common Stock (the “First Conversion Date”), (i) corresponding amounts of all outstanding Loans (not attributable to the then outstanding Minimum Borrowing AmountNote) existing on or made after the First Conversion Date corresponding to, and in amounts equal to, the principal amounts of the Minimum Borrowing Note that have been converted will be aggregated (aggregated, as described in Section 2(a)(i) and subject to the corresponding condition that no transfers or aggregations may be made out of the Revolving Note in any amount shall be deducted from Loans that would cause the outstanding balance under the Revolving Note) Note to be less that $1,500,000, until they reach the sum of $1,500,000 2,750,000 and (ii) Company will, at the Company will time of such aggregation reaches the sum of $2,750,000, issue a new (serialized) Minimum Borrowing Note to Laurus in respect of such $1,500,000 2,750,000 aggregation, and (iii) the Company shall prepare and file a subsequent registration statement with the SEC to register such subsequent Minimum Borrowing Note as set forth in the Registration Rights Agreement. Any such new Notwithstanding the immediately foregoing, in no event shall the Company be required to issue more than two serialized Minimum Borrowing Note shall be subject to Notes without the parties agreeing to an adjusted Fixed Conversion Price, per Section 2.2 of the Secured Convertible Minimum Borrowing Note, executed contemporaneously herewithCompany’s prior written consent.”
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Minimum Borrowing Amount. After a registration statement ------------------------ registering the Registrable Securities (as defined in the Registration rights Rights Agreement) has been declared effective by the SECSecurities and Exchange Commission, conversions of the Minimum Borrowing Amount into the Common Stock of the Company eLinear may be initiated as set forth in the Notesapplicable Minimum Borrowing Note. From and after the date upon which the entire any outstanding principal of the Minimum Borrowing Amount (as evidenced by the first Minimum Borrowing Note) is converted into Common Stock (the “"First Conversion Date”"), (i) corresponding amounts of all outstanding Loans (not attributable to the then outstanding Minimum Borrowing Amount) existing on or made after the First Conversion Date will be aggregated (and the corresponding amount shall be deducted from Loans under the Revolving Note) until they reach the sum of $1,500,000 2,000,000 and (ii) the Company will issue a new (serialized) Minimum Borrowing Note to Laurus in respect of such $1,500,000 2,000,000 aggregation, and (iii) the Company eLinear shall prepare and file a subsequent registration statement with the SEC Securities and Exchange Commission to register such subsequent Minimum Borrowing Note as set forth in the Registration Rights Agreement. Any such new Minimum Borrowing Note shall be subject to the parties agreeing to an adjusted Fixed Conversion Price, per Section 2.2 of the Secured Convertible Minimum Borrowing Note, executed contemporaneously herewith.”
Appears in 1 contract
Sources: Security Agreement (Elinear Inc)
Minimum Borrowing Amount. After a registration statement registering the Registrable Securities (as defined in the Registration rights Agreement) has been declared effective by the SEC, conversions of the Minimum Borrowing Amount into the Common Stock of the Company may be initiated as set forth in the Notesrespective Minimum Borrowing Note. From and after the date upon which the entire any outstanding principal of the Minimum Borrowing Amount (as evidenced by the first Minimum Borrowing Note) is converted into Common Stock (the “First Conversion Date”), (i) corresponding amounts of all outstanding Loans (not attributable to the then outstanding Minimum Borrowing Amount) existing on or made after the First Conversion Date will be aggregated (and the corresponding amount shall be deducted from Loans under the Revolving Note) until they reach the sum of $1,500,000 1,000,000 and (ii) the Company will issue a new (serialized) Minimum Borrowing Note to Laurus in respect of such $1,500,000 1,000,000 aggregation, and (iii) the Company shall prepare and file a subsequent registration statement with the SEC to register shares of its common stock issuable upon conversion of such subsequent Minimum Borrowing Note as set forth in the Registration Rights Agreement. Any such new .”
(C) The definition of “Minimum Borrowing Note shall be subject Amount” set forth in Annex A to the parties agreeing to an adjusted Fixed Conversion Price, per Section 2.2 of Security Agreement is hereby deleted in its entirety and the Secured Convertible Minimum Borrowing Note, executed contemporaneously herewith.”following new definition is hereby inserted in lieu thereof:
Appears in 1 contract
Sources: Security Agreement and Registration Rights Agreement (Electric City Corp)