Common Contracts
2 similar null contracts by Wits Basin Precious Minerals Inc
THIRD AMENDED AND RESTATED PROMISSORY NOTEWits Basin Precious Minerals Inc • April 15th, 2010 • Gold and silver ores • Kansas
This Third Amended and Restated Promissory Note (the “Note”) is issued pursuant to that certain Notes Purchase Agreement dated as of April 10, 2007, as previously amended by that certain Amendment to Notes Purchase Agreement dated June 19, 2007, and as further amended on November 10, 2008, December 22, 2008 and on the date hereof (as amended, modified, or replace from time to time, the “Notes Purchase Agreement”). Pursuant to that certain Amended and Restated Promissory Note dated November 11, 2008 (the “First Amended Note”), the Issuer and Holder amended and consolidated the following notes issued pursuant to the Notes Purchase Agreement: (i) Convertible Promissory Note issued on April 10, 2007 in the principal amount of $3,000,000; (ii) Convertible Promissory Note issued on May 7, 2007 in the principal amount of $2,000,000; (iii) Convertible Promissory Note issued on June 19, 2007 in the principal amount of $4,000,000; and (iv) Convertible Promissory Note issued on July 9, 2007 in th
ContractWits Basin Precious Minerals Inc • December 29th, 2008 • Gold and silver ores • Kansas
NEITHER THIS CONVERTIBLE NOTE NOR THE SHARES OF COMMON STOCK ISSUABLE UPON CONVERSION HEREOF HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 OR UNDER THE SECURITIES LAWS OF ANY STATE OR OTHER JURISDICTION (TOGETHER, THE “SECURITIES LAWS”) AND MAY NOT BE OFFERED FOR SALE, SOLD OR OTHERWISE TRANSFERRED OR ENCUMBERED IN THE ABSENCE OF COMPLIANCE WITH SUCH SECURITIES LAWS AND UNTIL THE ISSUER THEREOF SHALL HAVE RECEIVED AN OPINION FROM COUNSEL ACCEPTABLE TO IT THAT THE PROPOSED DISPOSITION WILL NOT VIOLATE ANY APPLICABLE SECURITIES LAWS. TRANSFER OF THIS CONVERTIBLE NOTE IS ALSO RESTRICTED BY THE CONVERTIBLE NOTES PURCHASE AGREEMENT REFERRED TO HEREIN.
