Common use of Replacement of Note Clause in Contracts

Replacement of Note. If there has been loss, theft, destruction or mutilation of the Note and (a) in the case of loss, theft or destruction, upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of the Note and of indemnity reasonably satisfactory to it, or (b) in the case of mutilation, upon surrender thereof, the Company, at its expense, will execute and deliver in lieu thereof a new Note executed in the same manner as the Note being replaced, in the same principal amount as the unpaid principal amount of the Note being replaced.

Appears in 7 contracts

Samples: Convertible Promissory Note Purchase Agreement (SPI Energy Co., Ltd.), Convertible Promissory Note Purchase Agreement (SPI Energy Co., Ltd.), Convertible Promissory Note Purchase Agreement (SPI Energy Co., Ltd.)

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Replacement of Note. If there has been Upon receipt of evidence satisfactory to the Corporation of the loss, theft, destruction or mutilation of the Note, the Corporation will issue a new Note, of identical tenor and amount and dated the date to which interest has been paid, in lieu of such lost, stolen, destroyed or mutilated Note and (a) in the case affidavit of the Purchaser setting forth the circumstances with respect to such loss, theft or destruction, upon receipt by the Company of destruction shall be accepted as satisfactory evidence reasonably satisfactory to it of the ownership loss, theft, destruction or mutilation of the Note and of indemnity reasonably satisfactory to it, or (b) in the case of mutilation, upon surrender thereof, the Company, at its expense, will execute and deliver in lieu thereof a new Note executed in the same manner as the Note being replaced, in the same principal amount as the unpaid principal amount of the Note being replacedsuch Note.

Appears in 5 contracts

Samples: Note Purchase Agreement (Borealis Foods Inc.), Note Purchase Agreement (Borealis Foods Inc.), Note Purchase Agreement (Borealis Foods Inc.)

Replacement of Note. If there has been loss, theft, destruction or mutilation of the Note purchase hereby is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (a) in the case of mutilation), or in lieu of and substitution therefor, a new Note, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction, upon receipt by . The applicant for a Note under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the Company issuance of evidence reasonably satisfactory to it of the ownership of the Note and of indemnity reasonably satisfactory to it, or (b) in the case of mutilation, upon surrender thereof, the Company, at its expense, will execute and deliver in lieu thereof a new Note executed in the same manner as the Note being replaced, in the same principal amount as the unpaid principal amount of the Note being replacedsuch replacement Note.

Appears in 5 contracts

Samples: Note Purchase Agreement (Netcapital Inc.), Note Purchase Agreement (Netcapital Inc.), Note Purchase Agreement (Amesite Operating Co)

Replacement of Note. If there has been loss, theft, destruction or mutilation of the Note and (a) in the case of loss, theft or destruction, upon Upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of this Note and (i) in the case of loss, theft, or destruction, of indemnity from the Holder reasonably satisfactory in form to it, the Company (and without the requirement to post any bond or other security) or (bii) in the case of mutilation, upon surrender thereofand cancellation of this Note, the Company, at its expense, Company will execute and deliver in lieu thereof to the Holder a new Note executed in the same manner as the Note being replaced, in the same principal amount as the unpaid principal amount of the Note being replacedlike tenor.

Appears in 1 contract

Samples: Zix Corp

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Replacement of Note. If there has been At the request of Holder and upon receipt by Borrower of evidence satisfactory to it of the loss, theft, destruction or mutilation of the this Note and (a) and, in the case of loss, theft or destruction, upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of the Note and of indemnity reasonably satisfactory to it, or (b) or, in the case of mutilation, upon surrender thereofand cancellation of this Note, the Companyand in all cases upon reimbursement to Borrower of all reasonable expenses incidental thereto, at its expense, will execute Borrower shall make and deliver to Holder a replacement Note of like tenor in lieu thereof a new Note executed in the same manner as the Note being replaced, in the same principal amount as the unpaid principal amount of the Note being replacedthis Note.

Appears in 1 contract

Samples: Asset Purchase Agreement (Superior Industries International Inc)

Replacement of Note. If there has been Upon receipt by the Obligor of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of the any Note and (a) in the case of loss, theft or destruction, upon receipt by the Company of evidence reasonably satisfactory to it of the ownership of the Note and of indemnity reasonably satisfactory to it, ; or (b) in the case of mutilation, upon surrender thereof, the CompanyObligor, at its expense, will execute and deliver in lieu thereof a new Note executed in the same manner as the Note being replaced, in the same principal amount as the unpaid principal amount of the Note being replacedsuch Note.

Appears in 1 contract

Samples: Genius Products Inc

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