Payment of the Notes Clause Samples

Payment of the Notes. (a) The principal of, premium, if any, and interest on the Notes shall be payable at the principal office of the Indenture Trustee, or such other office of the Indenture Trustee as the Indenture Trustee may specify in writing to the holders of the Notes, in lawful money of the United States of America. Payment of principal, premium, if any, and interest on the Notes shall be made only upon presentation of such Notes to the Indenture Trustee for notation thereon of the amount of such payment. Any payment or prepayment of amounts due on the Notes in accordance with the terms thereof and hereof which is due on a date which is not a Business Day shall be payable on the next following Business Day without penalty or interest. (b) Notwithstanding the provisions of the preceding paragraph (a), if any Note is held by an Institutional Holder or its nominee and if such Institutional Holder shall furnish written notice to the Indenture Trustee requesting that the provisions of this Section 2.3(b) apply (and Section 6 of the Note Purchase Agreement shall constitute such written request in the case of the original Note Purchaser), the Indenture Trustee will cause all payments and prepayments of the principal of, and interest and premium, if any, on the Notes held by such Institutional Holder or its nominee to be made when due without surrender or presentation of such Note and without any notation of such payment or prepayment being made thereon, either (i) directly to such Holder by check, duly mailed, by first-class mail, postage prepaid, at its address appearing on the Note Register (defined in Section 2.4) or (ii) if a bank account in any bank in the continental United States shall be specified in such notice and if such notice shall have been given at least 15 days prior to the payment or prepayment date, by wire transfer of immediately available Federal Reserve funds to such bank account, on each such date such payment or prepayment is due, provided that such bank has facilities for the receipt of a wire transfer. The Indenture Trustee will deliver instructions for any such wire transfer from its office not later than 12:00 noon, Hartford, Connecticut time on each SUCH DATE payment or prepayment is due provided that no later than 10:00 a.m., Hartford, Connecticut time on the date such payment or prepayment is due either (i) the Issuer has deposited sufficient funds with the Indenture Trustee, or (ii) the Indenture Trustee has received the Issuer's check in clearin...

Payment of the Notes. Each Underwriter, severally and not jointly, agrees to purchase at a price equal to [ ]% of the aggregate principal amount of the Notes, plus accrued interest, if any, from [ ], [ ] to the Closing Date (the aggregate amount of the purchase price paid by the Underwriters being the “Purchase Price”), subject to the adjustments referred to in Section 9(c), the principal amount of the Notes set forth opposite its name on Schedule II, as such amount may be adjusted pursuant to Section 11.

Payment of the Notes. Issuer shall repay the Notes pursuant to and in accordance with the terms of this Agreement and the Notes. The outstanding principal balance of all of the outstanding Note Fundings shall be due and payable in full, if not earlier in accordance with this Agreement, on the Final Maturity Date. All other amounts outstanding under the Notes and all other Obligations under the Notes shall be due and payable in full, if not earlier in accordance with this Agreement, on the Final Maturity Date.

Payment of the Notes. Borrower shall punctually pay, or cause to be paid, the principal, interest and all other sums to become due in respect of the Notes and the other Loan Documents in accordance with the Notes and the other Loan Documents.

Payment of the Notes. The Borrower shall promptly pay the principal and interest on the Notes when due and punctually perform and observe all of the covenants, agreements and provisions contained herein, in the Notes and in any other instrument given as security for the Notes.

Payment of the Notes. Subject to the requirements of Article VIII below, interest on the unpaid principal balance of the Notes shall be payable on each Interest Payment Date and on the Termination Date. Subject to the requirements of Article VIII below, the outstanding principal due under the Notes shall be due and payable on the Termination Date.

Payment of the Notes. (a) The Company shall promptly make all payments on the Notes on the dates, in the manner and as otherwise required under the Notes or this Indenture. If the Company is required to pay any amounts of cash to the Trustee, the Paying Agent or the Conversion Agent, such amounts of cash shall be deposited by the Company with the Trustee, the Paying Agent or the Conversion Agent by 11:00 a.m., New York City time, on the required date. Interest on Certificated Notes shall be payable (i) to a Holder of a Certificated Note having an aggregate principal amount of $2,000,000 or less, by check mailed to such Holder at its address as it appears in the Register and (ii) to a Holder of a Certificated Note having an aggregate principal amount of more than $2,000,000, either by check mailed to such Holder or, upon written application by such Holder to the Registrar before the fifth Business Day prior to the relevant Record Date, by wire transfer in immediately available funds to such Holder’s account within the United States, which application shall remain in effect until the Holder notifies, in writing, the Registrar to the contrary. The Company shall make, or cause the Paying Agent to make, all payments of principal and interest on Global Notes in immediately available funds to the Depositary or its nominee, in accordance with Applicable Procedures. (b) The Company shall make any required interest payments, if any, to the Person in whose name each Note is registered at the Close of Business on the Record Date for such interest payment. The principal, accrued and unpaid interest, if any, or payment of the Fundamental Change Purchase Price shall be considered paid on the applicable date due if on such date the Trustee or the Paying Agent holds, in accordance with this Indenture, cash sufficient to pay all such amounts then due.

Payment of the Notes. The Units, Notes, Warrants, and the common stock (including the common stock which may be issued in payment of interest due under the Notes and into which the Notes may be converted or issuable upon exercise of the Warrants) are and will be “restricted securities.” As restricted securities they may be sold only upon registration under the Securities Act and applicable state securities laws, or upon reliance on an exemption from the registration requirements. Offerees should consider purchasing the Units only as a long-term investment. Offerees may not be able to promptly liquidate their investment at a reasonable price, or for any price, in the event of a personal financial emergency or otherwise. We may not be able to obtain the significant financing that we need to continue to operate and any additional financing may be on terms adverse to your interests. We have recently entered into a number of financing transactions. We are continuing to seek other financing initiatives. We need to raise additional capital to meet our working capital needs, for the repayment of debt and for capital expenditures. Such capital is expected to come from the sale of debt and/or equity securities through private placement offerings and/or the sale of common stock. We believe that if we raise approximately $5.6 million in debt and equity financings we would have sufficient funds to meet our needs for working capital ($1.2 million), repayment of debt (approximately $2.6 million expected to mature from September 30, 2007 to September 30, 2008), accounts payable, accrued expenses and marketing and development (approximately $1.8 million) and for capital expenditures (approximately $0.1 million) over the next twelve months. As of September 30, 2007, we have cash balances in excess of $0.1 million. No assurance can be given that we will be successful in completing any financings at the minimum level necessary to fund our capital equipment, debt repayment or working capital requirements, or at all. If we are unsuccessful in completing these financings, we will not be able to meet our working capital, debt repayment or capital equipment needs or execute our business plan. In such case we will assess all available alternatives including a sale of our assets or merger, the suspension of operations and possibly liquidation, auction, bankruptcy, or other measures. For this and other reasons, there is substantial risk of non-payment of the Notes. We have had limited product sales, a his...

Payment of the Notes. Mortgagor shall duly and punctually pay or cause to be paid, the principal of and the interest and premium, if any, on the Note in accordance with the respective terms hereof and thereof, without demand therefor or presentation of the Note, in lawful money of the United States of America.