Exchange of Note. Any Note, upon surrender thereof at the principal office of the Registrar, together with an assignment duly executed by the Owner or its attorney or legal representative in such form as shall be satisfactory to the Registrar, may, at the option of the Owner thereof, be exchanged for another Note in a principal amount equal to the principal amount of the Note surrendered or exchanged, of the same series and maturity and bearing interest at the same rate. The Authority shall make provision for the exchange of the Note at the principal office of the Registrar.
Exchange of Note. The Parties agree that solely in consideration of the surrender of the Note Portion, that:
Exchange of Note. Upon receipt of a written notice of loss, theft, destruction or mutilation of the Note (and, if requested by the Borrowers, of a letter of indemnity from the Lender or its successors or assigns) and upon surrender for cancellation such Note if mutilated (in which event no indemnity shall be requested), the Borrowers shall execute and deliver a new Note of like tenor in lieu of such lost, stolen, destroyed or mutilated Note.
Exchange of Note. On receipt of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Note, and in the case of loss, theft or destruction, on delivery of an indemnity agreement reasonably satisfactory in form and substance to the Company or, in the case of mutilation, on surrender and cancellation of the mutilated Note, the Company at its expense shall execute and deliver, in lieu of this Note, a new Note of the same form and amount.
Exchange of Note. As promptly as practicable following the date of ---------------- the Qualifying Equity Financing, the Lender shall deliver the Note to the Company. The conversion of the Note shall be deemed to have been effected immediately upon the closing of the Qualifying Equity Financing, and at such time the rights of the Lender to receive principal and interest shall cease, and the Lender shall be treated for all purposes as the record holder of the number of shares of Common Stock or Preferred Stock, as the case may be, into which this Note converts in accordance herewith. As promptly as practicable after the receipt of the Note from Lender, the Company shall cause to be issued and delivered to the Lender a certificate or certificates for the number of shares of Common Stock or Preferred Stock, as the case may be, issuable upon conversion of the Note. Such certificate or certificates shall bear such legends required, in the opinion of counsel for the Company, under applicable securities laws.
Exchange of Note. Upon surrender by any holder of the Note to the Borrower of the Note, the Borrower at its expense will issue in exchange therefor, and deliver to such holder, a new Note or Notes, in such principal amount or amounts as may be requested by such holder. Upon receipt of evidence satisfactory to the Borrower of the loss, theft, destruction or mutilation of any Note, and in case of any such loss, theft or destruction, upon delivery of an indemnity agreement satisfactory to the Borrower (provided that in the case of either Purchaser or an institutional Borrower, such holder's own agreement shall be deemed satisfactory to the Borrower), or in case of any such mutilation, upon surrender and cancellation of such Note, the Borrower at its expense will issue and deliver to any such holder a new Note of like tenor, in lieu of such lost, stolen, destroyed or mutilated Note. The parties hereto have executed this Agreement as of the date first set forth above. BORROWER: AMERICAN WATER STAR, INC. By: Its: PURCHASER/PURCHASERS: Signature Print Name Soc. Sec. No Signature Print Name Soc. Sec. No. SCHEDULE 1 THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. NO TRANSFER, SALE OR OTHER DISPOSITION OF THIS NOTE MAY BE MADE UNLESS A REGISTRATION STATEMENT WITH RESPECT TO THIS NOTE HAS BECOME EFFECTIVE UNDER SAID ACT, OR THE CORPORATION HAS BEEN FURNISHED WITH AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE CORPORATION THAT SUCH REGISTRATION IS NOT REQUIRED. THIS NOTE IS SUBJECT TO THE TERMS OF THE PURCHASE AGREEMENT BY AND BETWEEN THE CORPORATION AND THE PURCHASERS NAMED THEREIN. AMERICAN WATER STAR, INC. CONVERTIBLE NOTE
Exchange of Note. Upon receipt of a written notice of loss, theft, destruction or mutilation of the Note, and upon surrendering such Note for cancellation if mutilated, execute and deliver a new Note or a Note of like tenor in lieu of such lost, stolen, destroyed or mutilated Note. Any Note issued pursuant to this Section 6.11 shall be dated so that neither gain nor loss of interest shall result therefrom.
Exchange of Note. At any time, and from time to time, upon surrender of such Note at its office, the Company will deliver in exchange therefor, without expense to the holder, except as set forth below a Note for the same aggregate principal amount as the then unpaid principal amount of the Note so surrendered, in the denomination of $1,000,000 or integral multiples thereof (except as may be necessary to reflect any principal amount not evenly divisible by $1,000,000) as such holder shall specify, dated as of the date to which interest has been paid on the Note so surrendered or, if such surrender is prior to the payment of any interest thereon, then dated as of the date of issue, payable to such Person or Persons as may be designated by such holder, and otherwise of the same form and tenor as the Note so surrendered for exchange. The Company may require the payment of a sum sufficient to cover any stamp tax or governmental charge imposed upon such exchange or transfer.
Exchange of Note. The Holder of this Note shall, at Maker’s option, exchange any or all of the face amount of the Note, plus any accrued and unpaid interest thereon, into the applicable dollar amount of any other securities issued by the Company in connection with the Financing. Upon such exchange, this Note will be immediately cancelled upon delivery of these securities and the Holder shall receive the securities issued to the investors in the Financing.
Exchange of Note. Holder shall be entitled to exchange this Note for another Note representing the same rights, upon surrender of this Note at the principal office of Debtor. Also, on receipt of evidence reasonably satisfactory to Debtor of the loss, theft, destruction or mutilation of the Note, and in the case of loss, theft or destruction, on delivery of an indemnity agreement reasonably satisfactory to Debtor or, in the case of mutilation, on surrender and cancellation of the mutilated Note, Debtor at its expense shall execute and deliver, in lieu of the Note, a new Note of the same form and amount.
