Terms of Note. This Note is issued pursuant to, and is subject to the terms, and entitled to the benefits of, the Asset Purchase Agreement, dated as of February 9, 2009, as amended, modified or supplemented from time to time, including, without limitation, by Amendment No. One dated December , 2012 (the “Asset Purchase Agreement”), between the Borrower as successor-in-interest to Cypress Bioscience, Inc. and, the Lender (as successor-in-interest of Cellatope Corporation). Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Asset Purchase Agreement.
Terms of Note. The Loan shall be evidenced by a promissory note substantially in the form attached as EXHIBIT B (the "note), the terms of which are herein incorporated by reference as if fully set forth in this Agreement. The Note shall bear interest at the rates described hereinbelow on the principal amount outstanding thereunder from time to time from the date of the initial advance thereunder until payment in full. Advances shall be deemed to have been made under the Note on the dates and in amounts corresponding to advances under the Air South HUD-Guaranteed Note regardless of whether disbursed to the Borrower on such date. Interest shall be payable on the first day of each month commencing February 1, 1996 through the date of maturity on August 1, 2014 or earlier prepayment. The Note shall initially bear interest at the rate per annum equal to four percent (4%) through July 31, 1997. Effective August 1, 1997 and as of any Public Offering Date after August 1, 1997, the interest rate on the Note shall be adjusted to the rate or rates per annum sufficient to enable JEDA and the County to recoup interest and other reasonable costs associated with the Air South HUD-Guaranteed Note. Principal on the Note shall be payable on the first day of each month commencing September 1, 1997, in equal installments sufficient to pay the then outstanding principal balance of the Note over the remaining term of the Note. There shall be due and owing by the Borrower a late charge of five percent (5%) of any monthly payment on any such payment which is fifteen (15) days or more past due. Upon an Event of Default hereunder followed by a declaration of acceleration of amounts due with respect to the Note, the interest rate on the Note shall be increased to the Default Rate. The note shall be subject to the other terms and conditions as provided in the Note. The Borrower may prepay the Note in whole or in part at a price equal to the principal amount thereof to be prepaid together with interest thereon to the date of prepayment at any time. The Note shall be subject to mandatory prepayment of one-half of the then outstanding
Terms of Note. The obligation to repay the loan made pursuant to Section 3.03 shall be evidenced by a Note in the form attached hereto as Exhibit B, which shall, subject to Subdivisions F and G of this Section:
Terms of Note. This Note is issued pursuant to, and is subject to the terms and entitled to the benefits of, the Asset Purchase Agreement, dated as of October 8, 2010, as amended, modified or supplemented from time to time (the “Asset Purchase Agreement”), among the Borrower, the Lender (as assignee of Seller) and Subsidiary. Terms used herein and not otherwise defined shall have the meanings set forth in the Asset Purchase Agreement.
Terms of Note. (a) The obligation of the BORROWER to repay the indebtedness is evidenced by the Note. The Note bears interest at a rate per annum equal to three-quarters of one percent (.75%) in excess of the Prime Rate. All interest calculations are made on a daily moving basis, computed on a 360-day year.
Terms of Note. Each Note shall be in substantially the form of Exhibit 1 hereto, with such variations conforming to this paragraph as shall be appropriate under the circumstances. Each Note shall be executed and delivered by the Participant and the Participant's spouse, if any; shall be due and payable seven years after the date of purchase; shall bear interest payable quarterly on the first day of each February, May, August and November; and shall be secured by a pledge of all Common Stock purchased by the Participant pursuant to the Plan. In the discretion of the Committee and on such terms and conditions as it may specify, Pledged Shares may be released from such pledge, provided that such release shall not cause the principal amount of the Note then outstanding to exceed the Good Faith Loan Value of the remaining Pledged Shares.
Terms of Note. Except as expressly modified hereby, all terms, conditions and provisions of the Note shall continue in full force and effect. In the event of any inconsistency or conflict between the Note and this Amendment, the terms, conditions and provisions of this Amendment shall govern and control. This Amendment shall be governed by, and construed in accordance with, the laws of the State of Delaware (without reference to the conflicts of law provisions thereof).
Terms of Note. The following is a statement of the rights of the Holder of this Note and the conditions to which this Note is subject, and to which the Holder and Borrower hereof, by the acceptance of this Note, agree:
Terms of Note. The Note Amount shall not accrue interest and shall be due and payable in two installments (the "First Installment" and the "Second Installment," respectively), payable in the amounts and on the dates as follows: PAYMENT DATE PRINCIPAL PAYMENT ------------ ----------------- First Installment: October 31, 1997 $250,000 Second Installment: February 28, 1998 $700,000 ;provided, however, that:
Terms of Note. WARRANT. ----------------------
