Convertible Secured Promissory Note Sample Contracts

MassRoots, Inc. – Convertible Secured Promissory Note Due July 5, 2018 (July 9th, 2018)

THIS CONVERTIBLE SECURED PROMISSORY NOTE is one of a series of duly authorized and validly issued Convertible Secured Promissory Notes of MassRoots, Inc., a Delaware corporation, (the "Company"), having its principal place of business at 2420 17th Street, Office 3118, Denver, Colorado 80202, designated as its Convertible Secured Promissory Note due January 5, 2019 (this Note, the "Note" and, collectively with the other Notes of such series, the "Notes").

Innovative Product Opportunities Inc. – April 12, 2018 Re: Side Letter Agreement Regarding the Promissory Notes by and Between Two Hands Corporation (Hereinafter the "Company") and Jordan Turk. Dear Sirs: This Side Letter Agreement ("Agreement") Entered Into on the Date of This Letter, by and Between the Company and Jordan Turk Will Serve to Amend and Add Certain Terms to the Promissory Notes Issued by Two Hands Corporation (The "Note) for Cash Advanced to the Company of $20,000 and $25,000 by Jordan Turk on March 19, 2018 and April 12, 2018, Respectively. Totalling ($45,000). Capitalized Terms Used Herein Which Are Not Otherwise De (May 21st, 2018)
Innovative Product Opportunities Inc. – May 10, 2018 Re: Side Letter Agreement Regarding the Promissory Notes by and Between Two Hands Corporation (Hereinafter the "Company") and Jordan Turk. Dear Sirs: This Side Letter Agreement ("Agreement") Entered Into on the Date of This Letter, by and Between the Company and Jordan Turk Will Serve to Amend and Add Certain Terms to the Promissory Note Issued by Two Hands Corporation (The "Note") for Cash Advanced to the Company of $35,000 by Jordan Turk on May 9, 2018. Totalling Capitalized Terms Used Herein Which Are Not Otherwise Defined Shall Have the Same Meaning as Those Given to Them in t (May 21st, 2018)
Siclone Industries – Convertible Secured Promissory Note (April 2nd, 2018)

FOR VALUE RECEIVED, the undersigned ("Maker") hereby promises to pay jointly to NETWORK MEDICAL MANAGEMENT, INC., a California corporation ("NMM"), and ALLIED PHYSICIANS OF CALIFORNIA, A PROFESSIONAL MEDICAL CORPORATION, a California corporation ("APC," which together with NMM and their respective successors and assigns who become holders of this Convertible Secured Promissory Note (this "Note"), are collectively referred to as "Holder"), or order, at such place as Holder may designate, the principal sum of Ten Million Dollars ($10,000,000), plus interest as set forth below. All payments of principal, interest and other costs and fees payable hereunder shall be allocated between NMM and APC as they shall determine in their sole and absolute discretion, and Maker shall comply with any payment instructions regarding such allocation.

Envision Solar International, Inc. – Security Agreement - Convertible Secured Promissory Note (September 22nd, 2017)

THIS SECURITY AGREEMENT (this "Agreement") is made and entered into this 18th day of September 2017, by and between SFE VCF, LLC, a California limited liability company (the "Secured Party") and Envision Solar International, Inc., a Nevada corporation ("Debtor").

Envision Solar International, Inc. – Convertible Secured Promissory Note (September 22nd, 2017)

FOR VALUE RECEIVED, Envision Solar International, Inc., a Nevada corporation ("Borrower"), hereby promises to pay to the order of SFE VCF, LLC, a California limited liability company ("Lender") at P.O. Box 5005 PMB 134, Rancho Santa Fe, CA 92067, pursuant to the terms of this convertible secured promissory note (the "Note"), the principal sum of One Million Five Hundred Thousand Dollars U.S. ($1,500,000) plus simple interest at the floating rate per annum equal to the 12 month USD LIBOR index rate quoted from time to time in New York, New York by the Bloomberg Service plus 400 basis points (the "Interest Rate"). The Interest Rate will be adjusted on the first day of each calendar month during the term of this Note to reflect any changes in the 12 month LIBOR rate as quoted at 1:00 pm Eastern Time in New York, New York on that day, or if that day is not a business day, on the next business day thereafter. Interest will only accrue on outstanding principal. Accrued unpaid interest is pay

art+design – Amendment to Rockdale Resources Corporation Convertible Secured Promissory Notes (July 24th, 2017)

This Amendment to Rockdale Resources Corporation Convertible Secured Promissory Notes (the "Amendment") is entered by and between Petrolia Energy Corporation, formerly Rockdale Resources Corporation, a Texas corporation (the "Company') and Rick Wilber ("Holder"), effective for all purposes as of July 6, 2017 (the "Effective Date").

Biotech Products Services & Research, Inc. – 10% Original Issue Discount Convertible Secured Promissory Note and Guarantee (April 3rd, 2017)

FOR VALUE RECEIVED, Biotech Products Services and Research, Inc., a Nevada corporation (the "Maker"), with principal executive offices located at 4045 Sheridan Avenue, Suite 239 Miami, FL33140, hereby promises to pay to the order of Agent (the "Agent" and the "Payee") for and on behalf of the Lenders (as defined below), the principal amount set out on the grid attached to this 10% Original Issue Discount Convertible Secure Promissory Note and Guarantee Note the ("Note"), not to exceed ONE MILLION SIX HUNDRED SIXTY-SIX THOUSAND SIX HUNDRED SIXTY-SEVEN DOLLARS ($1,666,667), or, if less, the aggregate unpaid principal amount corresponding to all tranche payments (the "Tranche Payments" and each a "Tranche Payment") made to the Maker by Payee (each a "Tranche") together with interest, in each case in the manner described herein (as further described in that certain Securities Purchase Agreement, dated March 29, 2017 (the "SPA"), by and among Maker, Agent, Ian Bothwell ("Bothwell"), and Dr.

MusclePharm Corp – First Amendment to Convertible Secured Promissory Note (March 15th, 2017)

This First Amendment to the Convertible Secured Promissory Note dated December 7, 2015 (the "First Amendment") is made as of January 14, 2017 (the "First Amendment Effective Date"), by and between MusclePharm Corporation (the "Company") and Ryan Drexler (the "Holder").

HealthLynked Corp – 6% Fixed Convertible Secured Promissory Note of Healthlynked Corp. (January 9th, 2017)

This Note is a duly authorized Fixed Convertible Secured Promissory Note of HealthLynked Corp., a corporation duly organized and existing under the laws of the State of Nevada (the "Company"), designated as the Company's 6% Fixed Convertible Secured Promissory Note due April 7, 2017 ("Maturity Date") in the principal amount of $550,000 (the "Note").

Convertible Secured Promissory Note (November 9th, 2016)

Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in that certain Credit Facility Agreement, dated as of September 14, 2016, by and among Fortress Biotech, Inc. (the "Company"), Opus Point Healthcare Innovations Fund, LP and other lenders (if any) listed on the signature pages thereto (the "Facility Agreement").

MusclePharm Corp – Convertible Secured Promissory Note (November 9th, 2016)

This Note is secured by a lien on and security interest in all of the assets and properties of the Company, as described in the Amended and Restated Security Agreement of even date herewith by and between the Company and the Holder (the "Security Agreement").

MassRoots, Inc. – CONVERTIBLE SECURED PROMISSORY NOTE DUE September[__], 2016 (March 18th, 2016)

THIS CONVERTIBLE SECURED PROMISSORY NOTE is one of a series of duly authorized and validly issued Convertible Secured Promissory Notes of MassRoots, Inc., a Delaware corporation, (the "Company"), having its principal place of business at 1624 Market Street, Suite 201, Denver, Colorado 80202, designated as its Convertible Secured Promissory Note due September [__], 2016 (this Note, the "Note" and, collectively with the other Notes of such series, the "Notes").

Positiveid Corporation Convertible Secured Promissory Note (December 29th, 2015)

This convertible secured promissory note (the "Note") is being issued pursuant to that certain Stock Purchase Agreement between the Company and Holder (the "Agreement"), dated as of December 22, 2015. Notwithstanding anything in this Note to contrary, this Note shall not be in effect unless and until the transaction contemplated by the Agreement has closed.

Third Amendment to 20% Convertible Secured Promissory Note (September 17th, 2015)

This Third Amendment to 20% Convertible Secured Promissory Note (this "Amendment") is entered into and effective on July 24, 2015 (the "Effective Date") by and between Wisdom Homes of America, Inc. (f/k/a SearchCore, Inc.), a Nevada corporation (the "Company") and Equity Trust Co. Custodian f/b/o David E. Backman IRA #T050826 (the "Holder").

Second Amendment to 20% Convertible Secured Promissory Note (September 17th, 2015)

This Second Amendment to 20% Convertible Secured Promissory Note (this "Amendment") is entered into and effective on July 24, 2015 (the "Effective Date") by and between Wisdom Homes of America, Inc. (f/k/a SearchCore, Inc.), a Nevada corporation (the "Company") and Robert S. and Rita DeLue, Trustees of the Robert S. and Rita DeLue 1995 Revocable Family Trust (the "Holder").

Stationdigital Corp – StationDigital Corporation CONVERTIBLE SECURED PROMISSORY NOTE Due June 1, 2015 (June 8th, 2015)

THIS 15% NOTE is a duly authorized and validly issued Senior Note of StationDigital Corporation, a Delaware corporation (the "Borrower" or the "Company"), having its principal place of business at 5700 Oakland Avenue, #200 St. Louis, MO 63110 (the "Note").

Second Amendment to 20% Convertible Secured Promissory Note (May 21st, 2015)

This First Amendment to 20% Convertible Secured Promissory Note (this "Amendment") is entered into on May 19, 2015 (the "Effective Date"), by and between Wisdom Homes of America, Inc. (f/k/a SearchCore, Inc.), a Nevada corporation (the "Company") and Equity Trust Co. Custodian f/b/o David E. Backman IRA #T050826 (the "Holder").

First Amendment to 20% Convertible Secured Promissory Note (May 21st, 2015)

This First Amendment to 20% Convertible Secured Promissory Note (this "Amendment") is entered into on May 5, 2015, and effective April 26, 2015 (the "Effective Date") by and between Wisdom Homes of America, Inc. (f/k/a SearchCore, Inc.), a Nevada corporation (the "Company") and Robert S. and Rita DeLue, Trustees of the Robert S. and Rita DeLue 1995 Revocable Family Trust (the "Holder").

First Amendment to 20% Convertible Secured Promissory Note (May 21st, 2015)

This First Amendment to 20% Convertible Secured Promissory Note (this "Amendment") is entered into on May 5, 2015, and effective April 28, 2015 (the "Effective Date") by and between Wisdom Homes of America, Inc. (f/k/a SearchCore, Inc.), a Nevada corporation (the "Company") and Equity Trust Co. Custodian f/b/o David E. Backman IRA #T050826 (the "Holder").

Clean Coal Technologies Inc. – This Convertible Secured Promissory Note and the Securities That May Be Issued Upon Conversion Hereof Have Not Been Registered Under the Securities Act of 1933, as Amended ("Securities Act"), or Any State Securities Laws or "Blue Sky" Laws (Collectively, the "Acts"), and May Not Be Offered, Sold or Otherwise Transferred, Assigned, Pledged or Otherwise Disposed of Less in Compliance With Rule 144 Under the Securities Act or a Effective Registration Statement Related Thereto or an Opinion of Counsel for the Lender Satisfactory to Payor That Such Registration Is Not Required Under the Acts or Rec (May 14th, 2015)

THIS PROMISSORY NOTE ("Note") is entered into as of May 12, 2015 (the "Effective Date") by and between Clean Coal Technologies Inc., a Nevada corporation ("Payor"), and CCTC Acquisition Partners LLC, a Colorado limited liability company ("Lender"). Payor and Lender are hereafter sometimes referred to individually as "Party" or collectively as "Parties."

Innovative Product Opportunities Inc. – Contract (June 13th, 2014)

June 10, 2014 Doug Clark 793 Center St. Unit 414 Lewiston, New York 14092 Re: Side Letter Agreement regarding the Related Party Advances by and between Innovative Product Opportunities Inc. (hereinafter the "Company") and Doug Clark Dear Sirs: This Side Letter Agreement ("Agreement") entered into on the date of this letter, by and between the Company and Doug Clark will serve to amend and add certain terms to the Related Party Advances and now "Promissory Note" issued by Innovative Product Opportunities Inc.(the "Note"). Between March 2009 and December 31, 2013, advances were made as follows; March 2009 through December 2010 ($33,201.56) and in 2011 ($28,447.86) and 2012 ($11,952.85) 2013 ($1,134.25) and June 5, 2014 ($2,600) totalling ($77,336.52). Officer & Directors pay issued April 18, 2011 ($5,000) and November 7, 2013 ($13,000). Between October 1, 2013 and June 13, 2014, weekly pay was made at $1,000 per week, 37 weeks totalling ($37,000). May 19, 2014 years of service payme

Innovative Product Opportunities Inc. – Contract (June 13th, 2014)

June 10, 2014 The Cellular Connection Ltd. (TCCL) PO Box 562 Richmond Hill Ont. Canada L4B 4R6 Re: Side Letter Agreement regarding the Promissory Note by and between Innovative Product Opportunities, Inc. (hereinafter the "Company") and you Dear Sirs: This Side Letter Agreement ("Agreement") entered into on the date of this letter, by and between the Company and you will serve to amend and add certain terms to the Promissory Notes issued by Innovative Product Opportunities, Inc. on June 10, 2014 (the "Note"). Between February 2013 and March 28, 2014, Notes were issued as follows; February 22, 2013 ($6,000) June 6, 2013 ($4,728)* December 16, 2013 (1,889)* January 17, 2014 ($2,743)* January 20, 2014 ($2,737)* January 31, 2014 ($2,684)* February 20, 2014 ($1,822)* March 25, 2014 ($1,325)* March 28, 2014 ($2,000) April 14, 2014 ($11,500) May 27, 2014 ($2,760)* June 5, 2014 ($2,000) Totalling ($41,687). Capitalized terms used herein which are not otherwise defined shall have the sam

Innovative Product Opportunities Inc. – Contract (June 13th, 2014)

June 10, 2014 Dorset Solutions/Phil Clark 1246 Upper Village Drive Mississauga, Ontario, Canada L5E 3H6 Re: Side Letter Agreement regarding the Related Party Advances by and between Innovative Product Opportunities Inc. (hereinafter the "Company") and you. Dear Sirs: This Side Letter Agreement ("Agreement") entered into on the date of this letter, by and between the Company and Dorset Solutions will serve to amend and add certain terms to the Invoices and now "Promissory Note" issued by Innovative Product Opportunities Inc.(the "Note"). Between August 2012 and May 17, 2014, invoices were payable as follows; August 21, 2012 through August 21, 2013 (5 invoices @ $1,500), November 24, 2013 ($3,000), April 19, 2014, ($3,800) and May 17, 2014 ($2,850) totalling ($17,150). Capitalized terms used herein which are not otherwise defined shall have the same meaning as those given to them in the Note. For good and valuable consideration, both parties agree that the Related Party Advances wil

Searchcore, Inc. 20% Convertible Secured Promissory Note (April 2nd, 2014)

This Note is being issued pursuant to a Note Purchase Agreement by and between the Company and Holder dated of even date herewith (the "Agreement").

art+design – Contract (January 3rd, 2014)

THIS NOTE AND THE SECURITIES ISSUABLE UPON CONVERSION HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR REGISTERED OR QUALIFIED UNDER ANY APPLICABLE STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF (A) AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND REGISTRATION OR QUALIFICATION UNDER ANY APPLICABLE STATE SECURITIES LAWS OR (B) AN OPINION OF COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION AND QUALIFICATION ARE NOT REQUIRED PURSUANT TO AN EXEMPTION UNDER SUCH ACT AND SECURITIES LAWS.

Crowd Shares Aftermarket, Inc. – Convertible Secured Promissory Note (September 5th, 2013)

THIS SECURED CONVERTIBLE PROMISSORY NOTE AND ANY SECURITIES INTO WHICH THIS SECURED CONVERTIBLE PROMISSORY NOTE IS CONVERTIBLE HAVE BEEN ACQUIRED FOR INVESTMENT AND NOT WITH A VIEW TO DISTRIBUTION OR RESALE AND HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR QUALIFIED UNDER ANY STATE SECURITIES LAWS. SUCH SECURITIES MAY NOT BE SOLD OR TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION OR QUALIFICATION OR AN EXEMPTION THEREFROM UNDER SUCH ACT AND ANY APPLICABLE STATE SECURITIES LAWS.

Strategic Environmental & Energy Resources, Inc. – Form of Convertible Secured Promissory Note (July 23rd, 2013)
Quest Resource Holding Corp – Contract (July 22nd, 2013)

THE OFFER AND SALE OF THIS NOTE AND THE SECURITIES ISSUABLE UPON CONVERSION HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ACT), OR THE SECURITIES LAWS OF ANY STATE. THIS NOTE AND ANY SECURITIES ISSUABLE UPON THE CONVERSION HEREOF MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED OR TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE ACT AND APPLICABLE STATE SECURITIES LAWS OR PURSUANT TO AN APPLICABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE ACT AND SUCH LAWS OR AN OPINION OF COUNSEL IN FORM AND SUBSTANCE REASONABLY SATISFACTORY TO INFINITY RESOURCES HOLDINGS CORP. THAT SUCH REGISTRATION IS NOT REQUIRED. CERTIFICATES REPRESENTING ANY SECURITIES ISSUABLE UPON CONVERSION OF THIS NOTE SHALL INCLUDE A LEGEND TO SIMILAR EFFECT AS THE FOREGOING.

Quest Resource Holding Corp – Contract (July 22nd, 2013)

THE OFFER AND SALE OF THIS NOTE AND THE SECURITIES ISSUABLE UPON CONVERSION HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ACT), OR THE SECURITIES LAWS OF ANY STATE. THIS NOTE AND ANY SECURITIES ISSUABLE UPON THE CONVERSION HEREOF MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED OR TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE ACT AND APPLICABLE STATE SECURITIES LAWS OR PURSUANT TO AN APPLICABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE ACT AND SUCH LAWS OR AN OPINION OF COUNSEL IN FORM AND SUBSTANCE REASONABLY SATISFACTORY TO INFINITY RESOURCES HOLDINGS CORP. THAT SUCH REGISTRATION IS NOT REQUIRED. CERTIFICATES REPRESENTING ANY SECURITIES ISSUABLE UPON CONVERSION OF THIS NOTE SHALL INCLUDE A LEGEND TO SIMILAR EFFECT AS THE FOREGOING.

Strategic Environmental & Energy Resources, Inc. – Form of Convertible Secured Promissory Note (June 28th, 2013)

FOR VALUE RECEIVED, Strategic Environmental & Energy Resources, Inc., a Nevada corporation with offices at 7801 Brighton Road, Commerce City, Colorado 80022 ("SEER"), and MV, LLC a Colorado limited liability company and wholly owned subsidiary of SEER with offices at 701 Pine Ridge Road, Suite 5, Golden, Colorado 80403 ("MV", and together with SEER, the "Makers"), hereby promise, jointly and severally, to pay to the order of Advanced Technology Materials, Inc., a Delaware corporation with offices at 7 Commerce Drive, Danbury, Connecticut 06810 (the "Holder"), the principal sum of TWO HUNDRED TWENTY-FIVE THOUSAND AND 00/100 UNITED STATES DOLLARS (US$225,000), plus interest thereon as hereinafter provided, in immediately available funds. The principal sum and interest thereon under this Convertible Secured Promissory Note (this "Note") shall be payable as described below. This Note is issued pursuant to that certain Loan Agreement dated as of February 14, 2012 by and among the Makers and

art+design – Contract (June 20th, 2013)

THIS NOTE AND THE SECURITIES ISSUABLE UPON CONVERSION HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR REGISTERED OR QUALIFIED UNDER ANY APPLICABLE STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF (A) AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND REGISTRATION OR QUALIFICATION UNDER ANY APPLICABLE STATE SECURITIES LAWS OR (B) AN OPINION OF COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION AND QUALIFICATION ARE NOT REQUIRED PURSUANT TO AN EXEMPTION UNDER SUCH ACT AND SECURITIES LAWS.

Strategic Environmental & Energy Resources, Inc. – Form of Convertible Secured Promissory Note (May 21st, 2013)

FOR VALUE RECEIVED, Strategic Environmental & Energy Resources, Inc., a Nevada corporation with offices at 7801 Brighton Road, Commerce City, Colorado 80022 ("SEER"), and MV, LLC a Colorado limited liability company and wholly owned subsidiary of SEER with offices at 701 Pine Ridge Road, Suite 5, Golden, Colorado 80403 ("MV", and together with SEER, the "Makers"), hereby promise, jointly and severally, to pay to the order of Advanced Technology Materials, Inc., a Delaware corporation with offices at 7 Commerce Drive, Danbury, Connecticut 06810 (the "Holder"), the principal sum of TWO HUNDRED TWENTY-FIVE THOUSAND AND 00/100 UNITED STATES DOLLARS (US$225,000), plus interest thereon as hereinafter provided, in immediately available funds. The principal sum and interest thereon under this Convertible Secured Promissory Note (this "Note") shall be payable as described below. This Note is issued pursuant to that certain Loan Agreement dated as of February 14, 2012 by and among the Makers a

Dii Group Inc – Convertible Secured Promissory Note (April 1st, 2013)

Pursuant to the terms of the Securities Purchase Agreement, dated ____________, 2013 (the Agreement), Diagnostic Imaging International Corporation, a Nevada corporation (the Company), HEREBY UNCONDITIONALLY PROMISES TO PAY to _______________ (the Holder), or its permitted assigns, the principal sum of __________ ($_______), together with interest, in arrears, from the date of this Note on the unpaid principal balance at a rate equal to twelve percent (12%) simple interest per annum, or the maximum amount permitted by law, whichever is less. The simple interest rate shall be computed on the basis of the actual number of days elapsed and a year of 365 days.

Opexa Therapeutics, Inc. 12% Convertible Secured Promissory Note (July 26th, 2012)

OPEXA THERAPEUTICS, INC., a Texas corporation (the "Company"), for value received, hereby promises to pay to the order of ______________________ ("Investor"), whose address is ______________________________, at said address or such other addresses as may be designated in writing by Investor from time to time, or Investor's registered assigns, the principal amount of __________________________ and No/100 Dollars ($_____________), together with interest thereon from the date of issuance of this 12% Convertible Secured Promissory Note (the "Note") on the unpaid principal balance at an annual rate of interest equal to twelve percent (12%) per annum, compounded annually (on the basis of a 360-day year) until converted or paid in full, such principal (to the extent unpaid or unconverted as provided herein) and any accrued and unpaid interest to be payable as provided below on July 25, 2014 (the "Maturity Date"). This Note is one of a series of Notes of like tenor issued by the Company pursua