Alternate Consideration definition

Alternate Consideration shall have the meaning set forth in Section 5(e).

Alternate Consideration shall have the meaning set forth in Section 7(e).

Alternate Consideration has the meaning set forth in Section 5.5 hereof.

Examples of Alternate Consideration in a sentence

• For purposes of any such exercise, the determination of the Exercise Price shall be appropriately adjusted to apply to such Alternate Consideration based on the amount of Alternate Consideration issuable in respect of one share of Common Stock in such Fundamental Transaction, and the Company shall apportion the Exercise Price among the Alternate Consideration in a reasonable manner reflecting the relative value of any different components of the Alternate Consideration.

• If holders of Common Stock are given any choice as to the securities, cash or property to be received in a Fundamental Transaction, then the Holder shall be given the same choice as to the Alternate Consideration it receives upon any exercise of this Warrant following such Fundamental Transaction.

• If holders of Common Stock are given any choice as to the securities, cash or property to be received in a Fundamental Transaction, then the Holder shall be given the same choice as to the Alternate Consideration the Holder receives upon any exercise of this Warrant following such Fundamental Transaction.

• If holders of Common Stock are given any choice as to the securities, cash or property to be received in a Fundamental Transaction, then the Holder shall be given the same choice as to the Alternate Consideration the Holder receives upon any conversion of this Debenture following such Fundamental Transaction.

• For purposes of any such conversion, the determination of the Conversion Price shall be appropriately adjusted to apply to such Alternate Consideration based on the amount of Alternate Consideration issuable in respect of one (1) share of Common Stock in such Fundamental Transaction, and the Company shall apportion the Conversion Price among the Alternate Consideration in a reasonable manner reflecting the relative value of any different components of the Alternate Consideration.

More Definitions of Alternate Consideration

Alternate Consideration shall have the meaning set forth in Section 3(c).

Alternate Consideration shall have the meaning ascribed to such term in Section 3(e).

Alternate Consideration has the meaning specified in Section 1.1 of the Arrangement Agreement.

Alternate Consideration shall have the meaning set forth in Section 9(b).

Alternate Consideration shall have the meaning set forth in Section 4(c).

Alternate Consideration shall have the meaning ascribed to such term in Section 4.

Alternate Consideration shall have the meaning set forth in Section 5(e). NEITHER THIS SECURITY NOR THE SECURITIES INTO WHICH THIS SECURITY IS CONVERTIBLE HAS NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS AS EVIDENCED BY A LEGAL OPINION OF COUNSEL TO THE TRANSFEROR TO SUCH EFFECT, THE SUBSTANCE OF WHICH SHALL BE REASONABLY ACCEPTABLE TO BORROWER. THIS SECURITY AND THE SECURITIES ISSUABLE UPON CONVERSION OF THIS SECURITY MAY BE PLEDGED IN CONNECTION WITH A BONA FIDE MARGIN ACCOUNT WITH A REGISTERED BROKER-DEALER OR OTHER LOAN WITH A FINANCIAL INSTITUTION THAT IS AN “ACCREDITED INVESTOR” AS DEFINED IN RULE 501(a) UNDER THE SECURITIES ACT OR OTHER LOAN SECURED BY SUCH SECURITIES. Original Issue Date: December 31, 2015 Original Conversion Price (subject to adjustment herein): $0.30 Principal Amount: $25,000.00 SECURED CONVERTIBLE NOTE DUE DECEMBER 31, 2016 THIS CONVERTIBLE NOTE is one of a series of duly authorized and validly issued Notes of BE ACTIVE HOLDINGS, INC., a Delaware corporation, (the “Borrower”), having its principal place of business at 0000 Xxxxxxxx Xxxx., Xxxxx Xxxx, XX 00000, due DECEMBER 31, 2016 (this note, the “Note” and, collectively with the other notes of such series, the “Notes”). FOR VALUE RECEIVED, Xxxxxxxx promises to pay to XXXXXX XXX. LLC or its registered assigns (the “Holder”), or shall have paid pursuant to the terms hereunder, the principal sum of Twenty-Five Thousand Dollars ($25,000.00) on DECEMBER 31, 2016 (the “Maturity Date”) or such earlier date as this Note is required or permitted to be repaid as provided hereunder, and to pay interest, if any, to the Holder on the aggregate unconverted and then outstanding principal amount of this Note in accordance with the provisions hereof. The Holder of this Note has been granted a security interest in assets of the Borrower. This Note is subject to the following additional provisions: