Common use of Exchange of Notes Clause in Contracts

Exchange of Notes. At any time and from time to time, upon not less than five (5) Business Days' notice given by the holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 9.1, this Section 9.2 or Section 9.3, and, 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, Notes for the same aggregate principal amount (together with accrued but unpaid interest) as the then unpaid principal amount (together with accrued but unpaid interest) of the Note so surrendered, 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, registered in the name of such Person or Persons as may be designated by such holder, and otherwise of the same form and tenor as the Notes 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.

Appears in 1 contract

Samples: Note Agreement (Metawave Communications Corp)

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Exchange of Notes. At any time and from time to time, upon not less than five (5) Business Daysten days' notice to that effect given by the holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 9.1, this Section 9.2 or Section 9.3, and, upon surrender of such Note at its office, the Company will deliver in exchange therefor, without expense to the such holder, except as set forth below, Notes a Note for the same aggregate principal amount (together with accrued but unpaid interest) as the then unpaid principal amount (together with accrued but unpaid interest) of the Note so surrendered, or Notes in the denomination of $500,000 or any amount in excess thereof 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, registered in the name of such Person one or Persons more Institutional Holders as may be designated by such holder, and otherwise of the same form and tenor as the Notes 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.

Appears in 1 contract

Samples: Allied Capital Corp

Exchange of Notes. At any time and from time to time, upon not less than five (5) Business Days' notice given by the holder surrender of any Note initially delivered delivered, or of any Note substituted therefor therefore pursuant to Section 9.1, this Section 9.2 or Section 9.3, and, upon surrender of such Note at its office, the Company will deliver in exchange therefor, without expense to the such holder, except as set forth below, Notes a Note for the same aggregate principal amount (together with accrued but unpaid interest) as the then unpaid principal amount (together with accrued but unpaid interest) of the Note so surrendered, or Notes in the denomination of $1,000,000 (or such lesser amount as shall constitute 100% of the Notes of such holder) or any amount in excess thereof 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, registered in the name of such Person or Persons as may be designated by such holder, and otherwise of the same form and tenor as the Notes 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.

Appears in 1 contract

Samples: Note Agreement (Wolverine World Wide Inc /De/)

Exchange of Notes. At any time and from time to time, upon not less than five (5) Business Daysten days' notice to that effect given by the holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 9.1, this Section 9.2 or Section 9.3, and, upon surrender of such Note at its office, the Company will deliver in exchange therefor, without expense to the such holder, except as set forth below, Notes a Note for the same aggregate principal amount (together with accrued but unpaid interest) as the then unpaid principal amount (together with accrued but unpaid interest) of the Note so surrendered, or Notes in the denomination of $100,000 or any amount in excess thereof 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, registered in the name of such Person or Persons as may be designated by such holder, and otherwise of the same form and tenor as the Notes 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.

Appears in 1 contract

Samples: Note Agreement (Connecticut Water Service Inc / Ct)

Exchange of Notes. At any time and from time to time, upon not less than five (5) Business Days' ten days’ notice to that effect given by the holder of any Note initially delivered or of any Note substituted therefor pursuant to Section §9.1, this Section §9.2 or Section §9.3, and, upon surrender of such Note at its office, the Company will deliver deliver. in exchange therefor, without expense to the such holder, except as set forth below, Notes a Note for the same aggregate principal amount (together with accrued but unpaid interest) as the then unpaid principal amount (together with accrued but unpaid interest) of the Note so surrendered, or Notes in the denomination of $100,000 or any amount in excess thereof 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, registered in the name of such Person or Persons as may be designated by such holder, and otherwise of the same form and tenor as the Notes 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.

Appears in 1 contract

Samples: Cabela’s Incorporated (Cabelas Inc)

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Exchange of Notes. At any time and from time to time, upon not less than five (5) Business Daysten days' notice given by the holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 9.110.1, this Section 9.2 10.2 or Section 9.310.3, and, 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, Notes for the same aggregate principal amount (together with accrued but unpaid interest) Accreted Value as the then unpaid principal amount (together with accrued but unpaid interest) Accreted Value of the Note so surrendered, in the denomination of $1,000,000 or any amount in excess thereof 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, registered in the name of such Person or Persons as may be designated by such holder, and otherwise of the same form and tenor as the Notes 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.

Appears in 1 contract

Samples: Note Agreement (Family Restaurants)

Exchange of Notes. At any time and from time to time, upon not less than five (5) Business Daysten days' notice to that effect given by the holder of any Note initially delivered or of any Note substituted therefor pursuant to Section 9.1, this Section 9.2 or Section 9.3, and, upon surrender of such Note at its office, the THE Company will deliver in exchange therefor, without expense to the holder, except as set forth below, Notes for the same aggregate principal amount (together with accrued but unpaid interest) as the then unpaid principal amount (together with accrued but unpaid interest) of the Note so surrendered, in the denomination of $100,000 or any amount in excess thereof 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, registered in the name of payable to such Person or Persons Persons, or registered assigns, as may be designated by such holder, and otherwise of the same form and tenor as the Notes 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.

Appears in 1 contract

Samples: Note Agreement (Standard Motor Products Inc)

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