Common use of Issuance of New Notes Clause in Contracts

Issuance of New Notes. Whenever the Issuer is required to issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the remaining Outstanding Principal Balance (or in the case of a new Note being issued pursuant to Section 14(a) or Section 14(c), the Outstanding Principal Balance designated by the Holder which, when added to the aggregate Outstanding Principal Balance represented by the other new Notes issued in connection with such issuance, does not exceed the remaining Outstanding Principal Balance under this Note immediately prior to such issuance of new Notes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, (v) shall represent accrued and unpaid Interest on the Outstanding Principal Balance of this Note, if any, from the Issuance Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 14(b), as the case may be.

Appears in 1 contract

Samples: Convertible Notes Purchase Agreement (Uber Technologies, Inc)

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Issuance of New Notes. Whenever the Issuer is required to issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the remaining Outstanding Principal Balance (or in the case of a new Note being issued pursuant to Section 14(a13(a) or Section 14(c13(c), the Outstanding Principal Balance designated by the Holder which, when added to the aggregate Outstanding Principal Balance represented by the other new Notes issued in connection with such issuance, does not exceed the remaining Outstanding Principal Balance under this Note immediately prior to such issuance of new Notes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, (v) shall represent accrued and unpaid Interest on the Outstanding Principal Balance of this Note, if any, from the Issuance Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 14(b13(b), as the case may be.

Appears in 1 contract

Samples: Convertible Notes Purchase Agreement (Uber Technologies, Inc)

Issuance of New Notes. Whenever the Issuer Company is required to issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining Outstanding Principal Balance outstanding (or in the case of a new Note being issued pursuant to Section 14(a11(a) or Section 14(c11(c), the Outstanding Principal Balance designated by the Holder which, when added to the aggregate Outstanding Principal Balance principal represented by the other new Notes issued in connection with such issuance, does not exceed the Principal remaining Outstanding Principal Balance outstanding under this Note immediately prior to such issuance of new Notes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued Interest and unpaid Interest Late Charges on the Outstanding Principal Balance and Interest of this Note, if any, from the Issuance Date; and (vi) shall be timely prepared and issued by Date if not paid at the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender time of this Note or the receipt issuance of the evidence reasonably satisfactory to the Issuer pursuant to Section 14(b), as the case may benew Note.

Appears in 1 contract

Samples: Senior Note (Vertical Branding, Inc.)

Issuance of New Notes. Whenever the Issuer Company is required to issue a new Bridge Note pursuant to the terms of this Bridge Note, such new Bridge Note (i) shall be of like tenor with this Bridge Note, (ii) shall represent, as indicated on the face of such new Bridge Note, the Principal remaining Outstanding Principal Balance outstanding (or in the case of a new Bridge Note being issued pursuant to Section 14(a15(a) or Section 14(c15(c), the Outstanding Principal Balance designated by the Holder which, when added to the aggregate Outstanding Principal Balance principal represented by the other new Bridge Notes issued in connection with such issuance, does not exceed the Principal remaining Outstanding Principal Balance outstanding under this Bridge Note immediately prior to such issuance of new Bridge Notes), (iii) shall have an issuance date, as indicated on the face of such new Bridge Note, which is the same as the Issuance Date of this Bridge Note, (iv) shall have the same rights and conditions as this Bridge Note, and (v) shall represent accrued Interest and unpaid Interest Late Charges on the Outstanding Principal Balance and Interest of this Bridge Note, if any, from the Issuance Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 14(b), as the case may be.

Appears in 1 contract

Samples: WorldSpace, Inc

Issuance of New Notes. Whenever the Issuer Company is required to issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Accreted Principal Amount remaining Outstanding Principal Balance outstanding at that time (or in the case of a new Note being issued pursuant to Section 14(a) or Section 14(c)issued, the Outstanding Accreted Principal Balance Amount designated by the Holder which, when added to the aggregate Outstanding Accreted Principal Balance Amount represented by the other new Notes issued in connection with such issuance, does not exceed the Accreted Principal Amount remaining Outstanding Principal Balance outstanding under this Note immediately prior to such issuance of new Notes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and default interest on the Outstanding Accreted Principal Balance Amount of this Note, if any, from the Issuance Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 14(b), as the case may be.

Appears in 1 contract

Samples: Healthcare Corp of America

Issuance of New Notes. Whenever the Issuer Company is required to issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining Outstanding Principal Balance outstanding (or in the case of a new Note being issued pursuant to Section 14(a20(a) or Section 14(c20(c), the Outstanding Principal Balance designated by the Holder which, when added to the aggregate Outstanding Principal Balance principal represented by the other new Notes issued in connection with such issuance, does not exceed the Principal remaining Outstanding Principal Balance outstanding under this Note immediately prior to such issuance of new Notes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Make-Whole Amount, Interest and Late Charges on the Outstanding Principal Balance Principal, Interest and Make-Whole Amount of this Note, if any, from the Issuance Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 14(b), as the case may be.

Appears in 1 contract

Samples: Fourth Amendment Agreement (Genius Group LTD)

Issuance of New Notes. Whenever the Issuer Company is required to issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining Outstanding Principal Balance outstanding (or in the case of a new Note being issued pursuant to Section 14(a16(a) or Section 14(c16(c), the Outstanding Principal Balance designated by the Holder which, when added to the aggregate Outstanding Principal Balance principal represented by the other new Notes issued in connection with such issuance, does not exceed the Principal remaining Outstanding Principal Balance outstanding under this Note immediately prior to such issuance of new Notes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest and Late Charges on the Outstanding Principal Balance and Interest of this Note (or in the case of a new Note being issued pursuant to Section 16(a) or Section 16(c), accrued and unpaid Interest and Late Charges applicable to such new Note, if anywhen added to the Interest and Late Charges applicable to such other new Notes issued in connection with such issuance, does not exceed the accrued and unpaid Interest and Late Charges applicable to this Note immediately prior to such issuance of new Notes), from the Issuance Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 14(b), as the case may be.

Appears in 1 contract

Samples: Securities Purchase Agreement

Issuance of New Notes. Whenever the Issuer Company is required to issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining Outstanding Principal Balance outstanding (or in the case of a new Note being issued pursuant to Section 14(a18(a) or Section 14(c18(c), the Outstanding Principal Balance designated by the Holder which, when added to the aggregate Outstanding Principal Balance principal represented by the other new Notes issued in connection with such issuance, does not exceed the Principal remaining Outstanding Principal Balance outstanding under this Note immediately prior to such issuance of new Notes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have a first exchange date, as indicated on the face of such new Note, which is the same as the First Exchange Date of this Note, (v) shall have a second exchange date, as indicated on the face of such new Note, which is the same as the Second Exchange Date of this Note, (vi) shall have the same rights and conditions as this Note, and (vvii) shall represent accrued and unpaid Interest and Late Charges, if any, on the Outstanding Principal Balance and Interest of this Note, if any, from the Issuance Second Exchange Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 14(b), as the case may be.

Appears in 1 contract

Samples: Second Exchange Agreement (Amyris, Inc.)

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Issuance of New Notes. Whenever the Issuer Company is required to issue a new Convertible Note pursuant to the terms of this Convertible Note, such new Convertible Note (i) shall be of like tenor with this Convertible Note, (ii) shall represent, as indicated on the face of such new Convertible Note, the Principal remaining Outstanding Principal Balance outstanding (or in the case of a new Convertible Note being issued pursuant to Section 14(a19(a) or Section 14(c19(c), the Outstanding Principal Balance designated by the Holder which, when added to the aggregate Outstanding Principal Balance principal represented by the other new Convertible Notes issued in connection with such issuance, does not exceed the Principal remaining Outstanding Principal Balance outstanding under this Convertible Note immediately prior to such issuance of new Convertible Notes), (iii) shall have an issuance date, as indicated on the face of such new Convertible Note, which is the same as the Issuance Date of this Convertible Note, (iv) shall have the same rights and conditions as this Convertible Note, and (v) shall represent accrued Interest and unpaid Interest Late Charges on the Outstanding Principal Balance and Interest of this Convertible Note, if any, from the Issuance Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 14(b), as the case may be.

Appears in 1 contract

Samples: WorldSpace, Inc

Issuance of New Notes. Whenever the Issuer Company is required to issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining Outstanding Principal Balance outstanding (or in the case of a new Note being issued pursuant to Section 14(a16(a) or Section 14(c16(c), the Outstanding Principal Balance designated by the Holder which, when added to the aggregate Outstanding Principal Balance principal represented by the other new Notes issued in connection with such issuance, does not exceed the Principal remaining Outstanding Principal Balance outstanding under this Note immediately prior to such issuance of new Notes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have an exchange date, as indicated on the face of such new Note, which is the same as the Exchange Date of this Note, (v) shall have the same rights and conditions as this Note, (vvi) shall be duly authenticated in accordance with the Indenture and (vii) shall represent accrued and unpaid Interest and Late Charges on the Outstanding Principal Balance and Interest of this Note, if any, from the Issuance Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 14(b), as the case may be.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ondas Holdings Inc.)

Issuance of New Notes. Whenever the Issuer Company is required to ------------------------ issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining Outstanding Principal Balance outstanding (or in the case of a new Note being issued pursuant to Section 14(a17(a) or Section 14(c17(c), the Outstanding Principal Balance designated by the Holder which, when added to the aggregate Outstanding Principal Balance principal represented by the other new Notes issued in connection with such issuance, does not exceed the Principal remaining Outstanding Principal Balance outstanding under this Note immediately prior to such issuance of new Notes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued Interest and unpaid Interest Late Charges on the Outstanding Principal Balance and Interest of this Note, if any, from the Issuance Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 14(b), as the case may be.

Appears in 1 contract

Samples: Securities Exchange Agreement (Charys Holding Co Inc)

Issuance of New Notes. Whenever the Issuer Company is required to issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining Outstanding Principal Balance outstanding (or in the case of a new Note being issued pursuant to Section 14(a) or Section 14(c), the Outstanding Principal Balance designated by the Holder which, when added to the aggregate Outstanding Principal Balance represented by the other new Notes issued in connection with such issuance, does not exceed the Principal remaining Outstanding Principal Balance outstanding under this Note immediately prior to such issuance of new Notes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, Note and (v) shall represent accrued and unpaid Interest on the Outstanding Principal Balance of this Noteand Late Charges, if any, on the Principal and Interest of this Note from the Issuance Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 14(b), as the case may be.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cellect Biotechnology Ltd.)

Issuance of New Notes. Whenever the Issuer is required to issue a new Note pursuant to the terms of this Note, such new Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the remaining Outstanding Principal Balance (or in the case of a new Note being issued pursuant to Section 14(a) or Section 14(c), the Outstanding Principal Balance designated by the Holder which, when added to the aggregate Outstanding Principal Balance represented by the other new Notes issued in connection with such issuance, does not exceed the remaining Outstanding Principal Balance under this Note immediately prior to such issuance of new Notes), (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, (v) shall represent accrued and unpaid Interest on the Outstanding Principal Balance of this Note, if any, from the Issuance Date; and (vi) shall be timely prepared and issued by the Issuer, but in no event shall the Issuer issue such new Note more than five (5) Business Days after surrender of this Note or the receipt of the evidence reasonably satisfactory to the Issuer pursuant to Section 14(b), as the case may be.. Confidential Treatment Requested by Uber Technologies, Inc. Pursuant to 17 C.F.R. Section 200.83

Appears in 1 contract

Samples: Convertible Notes Purchase Agreement (Uber Technologies, Inc)

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