Note and Warrant Purchase Agreement. This Note is issued pursuant to the terms of the Agreement.
Note and Warrant Purchase Agreement. This Note is issued pursuant to the terms of that certain Note and Warrant Purchase Agreement (the “Agreement”) dated as of ___________ ___, 2008, by and among the Company and the Investor. This Note shall rank equally without preference or priority of any kind over one another, and all payments on account of principal and interest with respect to any of the Notes shall be applied ratably and proportionately on the outstanding Notes on the basis of the principal amount of the outstanding indebtedness represented thereby.
Note and Warrant Purchase Agreement. This Note has been issued to Holder by the Company pursuant to the Note and Warrant Purchase Agreement dated of even date herewith (the "NOTE PURCHASE AGREEMENT"), between the Company and the Holder. Capitalized terms used herein but not herein defined shall have the meanings ascribed thereto in the Note Purchase Agreement, unless the context otherwise requires.
Note and Warrant Purchase Agreement. This Note is issued pursuant to the terms of that certain Note and Warrant Purchase Agreement (the “Agreement”) dated as of , 2015, by and among the Company and the investors set forth in the Schedule of Investors attached thereto as Exhibit A. This Note is one of a series of notes (the “Notes”) having like tenor and effect (except for variations necessary to express the name of the holder, the principal amount of each of the Notes and the date on which each Note is issued) issued or to be issued by the Company in accordance with the terms of the Agreement. The Notes shall rank equally without preference or priority of any kind over one another, and all payments on account of principal and interest with respect to any of the Notes shall be applied ratably and proportionately on the outstanding Notes on the basis of the principal amount of the outstanding indebtedness represented thereby.
Note and Warrant Purchase Agreement. This Warrant Certificate is issued pursuant to that certain Note and Warrant Purchase Agreement dated as of June 21, 1999, by and among the Issuer and the Purchasers named therein (such Note and Warrant Purchase Agreement, together with all amendments and modifications thereto, the "Note Agreement"). Capitalized terms used but not otherwise defined in this Warrant Certificate shall have the respective meanings given them in the Note Agreement. Reference is made to the Note Agreement for all pertinent purposes, and this Warrant Certificate shall be entitled to all of the benefits afforded to the Warrant Certificates and the holders thereof by the Note Agreement and the other Transaction Documents.
Note and Warrant Purchase Agreement. Subject to Paragraph 2 hereof, the Parties agree to enter into a Note and Warrant Purchase Agreement, substantially in the form attached hereto as Exhibit A (the “Purchase Agreement”), pursuant to which, among other things, (i) the Investor shall purchase, and the Company shall issue and sell to the Investor, a senior unsecured convertible promissory note in an aggregate principal amount equal to the Loan Amount and in substantially the form attached hereto as Exhibit B (the “Note”), convertible, at the option of the Investor, into CHESS Depositary Interests (“CDIs”) (with each CDI representing 1/50th of a share of the Company’s common stock, $0.01 par value per share (the “Common Stock”)) or, in the event the Company is not then listed on the Australian Securities Exchange, Common Stock, as set forth in the Note, and (ii) the Company shall issue to the Investor a Warrant, in substantially the form attached hereto as Exhibit C (the “Warrant”), to purchase CDIs or Common Stock as set forth in the Warrant.
Note and Warrant Purchase Agreement. This Note is being issued in conjunction with that certain Note and Warrant Purchase Agreement of even date herewith (the “Purchase Agreement”) where the capitalized terms used herein shall have the meanings prescribed for in the Purchase Agreement. The debts, liabilities and obligations of Obligor to Payee under this Note, including all unpaid principal and all interest accrued hereon, whether due or to become due, absolute or contingent, liquidated or unliquidated, determined or undetermined shall be referred to as the “Obligations”. All payments shall be applied first to accrued interest, and thereafter to principal.
Note and Warrant Purchase Agreement. The Note and Warrant Purchase Agreement shall have been executed and delivered by the Company, and CHRP shall have received the same.
Note and Warrant Purchase Agreement. The following representations and warranties of the Company contained in Section 5 of the Note and Warrant Purchase are true and correct in all respects on the date hereof: 5.1, 5.2, 5.4, 5.9, 5.11, 5.13, 5.15, 5.17, 5.18, 5.19, 5.20, 5.21 and 5.22. For purposes of the foregoing representations and warranties, capitalized terms contained therein shall have the meaning assigned to them in the Note and Warrant Purchase Agreement, except that (i) "Purchase Documents" shall include the Note, the Second Deed of Trust, and this Agreement; and (ii) The "Texas Real Property" shall include all of the Company's real property and leasehold interests in the collateral more particularly described in the Second Deed of Trust.
Note and Warrant Purchase Agreement. This Agreement duly executed by the Company.
