Cash Note definition
Examples of Cash Note in a sentence
If any such cash distributions are used to satisfy any of the Guaranteed Obligations under clause (a) above, then the amount so paid to the Lender by Guarantor shall be deemed to be an unsecured loan to the Borrower in default, payable only from surplus cash (as defined by Program Obligations), and shall be evidenced solely by a Surplus Cash Note (Form HUD-92223-ORCF or equivalent) with terms and an interest rate approved by HUD in accordance with Program Obligations.
In the event that any one or more Shareholder fails to make such an election timely, such Shareholder shall be deemed to have elected to receive such Shareholder's Cash Note in the form attached hereto as Exhibit D-1.
The Placement Agent agrees to use its best efforts to obtain purchases from the Holders for any or all of the additional Plus Cash Notes or to obtain purchases from current shareholders at a price of $1,000 per additional Plus Cash Note or any integral multiple of $1,000.
This Agreement and the Cash Note, the Stock Note and the New Notes constitute the complete and exclusive agreement between the parties concerning the subject matter of this Agreement and supersedes all proposals, oral or written, and all negotiations, conversations and other communications between the parties relating to the subject matter of this Agreement.
The Parties agree that (i) the terms of the Escrow Note, including the Guaranty with respect thereto executed by the Guarantor, shall be substantially in the form of Exhibit A attached hereto, and (ii) the terms of the Cash Note, including the Guaranty with respect thereto executed by the Guarantor, shall be substantially in the form of Exhibit B attached hereto.
Notwithstanding Section 6(a), no Accelerated DCA Payment shall be made to Executive pursuant to the preceding sentence at the time any Cash Note Payment shall be made from proceeds of an initial public offering of Company equity securities registered under the Securities Act (an "IPO") or during the period of not less than six nor more than 12 months following an IPO during which Executive shall, pursuant to the Stockholders Agreement between Executive, ▇▇▇▇▇▇▇▇▇▇▇ ▇.
In the event that the Obligor does not issue a Convertible Cash Note on the Closing Date (as defined in the Purchase Agreement) pursuant to the terms of the Purchase Agreement, all references to "Notes" herein shall be deemed to refer to the Convertible Stock Note.
Buyer shall deliver to Seller, a Guaranty or Guarantees (in form and substance agreed upon in writing by the Parties) executed by [****] (the “Guarantor”) in which the Guarantor has unconditionally guaranteed all obligations of Buyer under this Agreement with respect to each of the Escrow Note and the Cash Note.
Upon delivery at the Closing of the Convertible Cash Note, if any, to which Buyer is a party, such Convertible Cash Note will have been duly executed and delivered by Buyer and will constitute the valid and binding obligation of Buyer, enforceable against Buyer in accordance with its terms, subject to the laws of general application relating to bankruptcy, insolvency and the relief of debtors and to rules of law governing specific performance, injunctive relief and other equitable remedies.
The Borrower shall not, and shall not suffer or permit any Subsidiary to, make any payments (scheduled or otherwise) of interest or principal on the AMD Asset Note, the AMD Cash Note or the Fujitsu Cash Note other than the Permitted Affiliate Payment.