Series of Notes. This convertible promissory note (the “Note”) is issued as part of a series of notes designated by the Note Series above (collectively, the “Notes”), and having an aggregate principal amount not to exceed $500,000 and issued on or before December 31, 2018 in a series of multiple closings to certain persons and entities (collectively, the “Holders”). The Company shall maintain a ledger of all Holders.
Series of Notes. The aggregate principal amount of Notes of any series that may be authenticated and delivered under this Indenture is unlimited. The Notes may be issued in one or more series. All Notes of a series shall be identical except with respect to the date of issuance, issue price and, if applicable, the first payment of interest and the first date from which interest will accrue with respect to any Additional Notes of such series. Notes may differ between series in respect of any matters; provided that all series of Notes shall be equally and ratably entitled to the benefits of this Indenture. There shall be set forth in one or more Officer’s Certificate, supplemental indentures hereto and/or Officer’s Certificate detailing the adoption of the terms thereof pursuant to the authority granted pursuant to the resolutions of the Issuers’ Boards, prior to the issuance of Notes of any series:
Series of Notes. This, Note is one of a series of notes executed by the Borrower in connection with the extension of credit made by various creditors (together the "Creditor") in the aggregate principal amount up to $750,000 (the "Credit~). In consideration of the extension of the Credit, each Creditor shall receive shares of the Common stock in proportion to the amount of the Credit which is extended by such Creditor; the aggregate number of shares of Common Stock of the Borrower shall be up to 150,000 shares.
Series of Notes. This Unsecured Convertible Promissory Note (this “Note”) is issued as part of a series of notes (collectively, the “Notes”) in a series of multiple closings to certain persons and entities.
Series of Notes. This Note is one of a series of Subordinated Convertible Promissory Notes containing substantially identical terms and conditions issued pursuant to that certain Subordinated Convertible Note Purchase Agreement, dated as of May [ ], 2022 and amended thereafter (as amended the “Purchase Agreement”). Such Notes are referred to herein as the “Notes,” the holders thereof are referred to herein as the “Holders,” and the Holders of a majority of the aggregate unpaid principal amount of the Notes are referred to herein as the “Requisite Holders.” The Company shall maintain a ledger of all Holders. Capitalized terms not otherwise defined herein have the meaning given them in the Purchase Agreement. All Notes shall rank pari passu in right of repayment.
Series of Notes. This Note is one of a series of Notes of the Company in the aggregate principal amount of up to Five Million Dollars as described in that certain Confidential Private Placement Memorandum, dated January 2019, delivered to the Holder in connection with the transactions contemplated by the Transaction Documents. All Notes in such series shall rank equally and ratably without preference or priority of any said Notes over any others thereof.
Series of Notes. This Note has been issued as an amendment of the Prior Notes and Allonge issued to the Holder. This Note is one of a series of Notes issued by the Company as of the date hereof (the “Amended Notes”) as amendments of prior notes held by their respective Holders.
Series of Notes. This subordinated convertible promissory note (this “Note”) is issued as part of a series of notes designated by the Note Series above (collectively, the “Notes”) and issued in a series of multiple closings to the persons and entities set forth on Exhibit A hereto (collectively, the “Holders”). The initial sale and purchase of Notes shall take place at a closing (the “Initial Closing”) to be held at such place and time as the Company and the Holders participating at the Initial Closing may determine. The Company shall issue to the Holders who are Lead Investors and the Holders who are Lead Investors shall purchase from the Company at least $2,500,000 in Notes at the Initial Closing; provided that the Company must have raised, as of the date of the Initial Closing, an aggregate of at least $2,500,000 through (i) the Odyssey Bridge Loan Agreement, (ii) funding or access to funding (including through financial covenant relief) in connection with the Senior Debt Facilities, and (iii) Notes sold to Holders other than the Lead Investors. After the Initial Closing, subject to the terms and conditions of this Note, the Company may conduct one or more additional closings (each, an “Additional Closing”) and issue additional Notes to Holders or other persons or entities identified by the Company at such place and time as the Company and the Holders participating in such Additional Closing may determine on or before April 30, 2023; provided that the deadline for holding Additional Closings may be extended upon the mutual agreement of the Company and the Majority Holders (as defined below). The issuance of the Notes by the Company and the transactions contemplated thereby are referred to herein as the “Note Financing.” The aggregate principal amount for all Notes issued through the Note Financing shall not exceed $15,000,000; provided however, that the Company may, in its sole discretion, increase such amount up to $30,000,000 (the “Aggregate Cap”) at any time with the approval of the Company’s Board of Directors (the “Board”).
Series of Notes. The Issuer may, subject to Section 4.06 of this Indenture, issue Additional Notes under this Indenture from timeto time in accordance with the procedures of Section 2.02. Such Additional Notes shall rank pari passu with the Notes and with the same terms as to status, redemption and otherwise as such Notes (except for the date of issuance).The Notes issued on the date of this Indenture and any Additional Notes subsequently issued shall be treated as a single class for all purposes under this Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase.
Series of Notes. Subject to the satisfaction or waiver of the requirements of Sections 2 and 15 of the Participation Agreement, as applicable, and except as otherwise provided in any Supplemental Indenture, the Lessor shall have the right from time to time to issue Notes to provide (a) a portion of the Lessor's Purchase Price of the Leased Property, (b) sufficient funds to redeem all or a portion of the principal of Notes of any series theretofore authenticated and delivered hereunder which are to be redeemed, or (c) for all or a portion of the amount of any Supplemental Financing of any Alteration in excess of the corresponding Additional Equity Investment. The terms, conditions, designations and maximum aggregate principal amount of each series of such Notes (to the extent not inconsistent with this Indenture) shall be set forth in a Supplemental Indenture executed by the Lessor and the Indenture Trustee; provided that (i) no Premium or penalty shall be payable as a result of (a) the redemption of such Notes occurring as a result of an Event of Loss or a Total Taking or (b) the payment of such Notes after the declaration of acceleration of such Notes or in connection with the occurrence of an Indenture Event of Default other than as provided in Section 7.2(a) and (ii) the Interest Payment Dates for all Notes and the regular Record Dates for all Notes shall not differ. The Indenture Trustee shall authenticate and deliver Notes in accordance with the provisions of such Supplemental Indenture upon receipt by the Indenture Trustee of the following documents:
