Examples of Note Exchange Agreement in a sentence
Except as otherwise provided herein, if at any time the Company pays interest partially in cash and partially in shares of Common Stock to the holders of the Notes, then such payment of cash shall be distributed ratably among the holders of the then-outstanding Notes based on their (or their predecessor’s) initial purchases of Notes pursuant to the Note Exchange Agreement.
The Replacement Notes shall have been issued and delivered to applicable recipients pursuant to the terms and conditions of the Note Exchange Agreement.
This Note and the documents or instruments referred to herein, including any exhibits and schedules attached hereto, which exhibits and schedules are incorporated herein by reference, together with the Note Exchange Agreement, embody the entire agreement and understanding of the Parties hereto in respect of the subject matter contained herein.
Any Call shall be applied ratably to all Holders based on their initial purchases of Notes pursuant to the Note Exchange Agreement, provided that any voluntary conversions by a Holder shall be applied against the Holder’s pro rata allocation, thereby decreasing the aggregate amount forcibly called hereunder if only a portion of this Note is forcibly called.
This Note has been issued subject to certain investment representations of the original Holder set forth in the Note Exchange Agreement and may be transferred or exchanged only in compliance with the Note Exchange Agreement and applicable federal and state securities laws and regulations.