Common use of Issuance of New Notes Clause in Contracts

Issuance of New Notes. Subject to Section 10, whenever the 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 Outstanding Balance (or in the case of a new Note being issued pursuant to Section 15.1 or Section 15.3, the portion of the Outstanding Balance designated by the Holder which, when added to the outstanding balance represented by the other new Notes issued in connection with such issuance, does not exceed the Outstanding 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, and (v) shall represent accrued and unpaid Interest and Late Charges and other increases to the Outstanding Balance as permitted hereunder from the Issuance Date.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Brazil Minerals, Inc.), Convertible Promissory Note (Puramed Bioscience Inc.), Secured Convertible Promissory Note (Cord Blood America, Inc.)

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Issuance of New Notes. Subject to Section 10, whenever Whenever the 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 Outstanding Balance remaining outstanding Principal balance (or in the case of a new Note being issued pursuant to Section 15.1 14(a) or Section 15.314(c), the portion of the Outstanding Balance 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 Outstanding Balance 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, and (v) shall represent accrued and unpaid Default Interest and Late Charges and other increases to Registration Default Interest on the Outstanding Balance as permitted hereunder outstanding Principal balance of this Note, if any, from the Issuance Date.

Appears in 2 contracts

Samples: Indenture (Cheniere Energy Inc), Subscription Agreement (Cheniere Energy Inc)

Issuance of New Notes. Subject to Section 10, whenever Whenever the 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 Outstanding Balance remaining outstanding Principal balance (or in the case of a new Note being issued pursuant to Section 15.1 14(a) or Section 15.314(c), the portion of the Outstanding Balance 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 Outstanding Balance 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 EXHIBIT I 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 Default Interest and Late Charges and other increases to Registration Default Interest on the Outstanding Balance as permitted hereunder outstanding Principal balance of this Note, if any, from the Issuance Date.

Appears in 1 contract

Samples: Subscription Agreement (Cheniere Energy Inc)

Issuance of New Notes. Subject to Section 10, whenever the 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 Outstanding Balance (or in the case of a new Note being issued pursuant to Section 15.1 or Section 15.3, the portion of the Outstanding Balance designated by the Holder which, when added to the outstanding balance represented by the other new Notes issued in connection with such issuance, does not exceed the Outstanding 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, and (v) shall represent accrued and unpaid Interest and Late Charges and other increases to the Outstanding Balance as permitted hereunder from the Issuance Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Competitive Technologies Inc)

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Issuance of New Notes. Subject to Section 10, whenever Whenever the Company is required to issue a new Note pursuant to the terms of this Note, included but not limited to following a partial conversion, 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 Outstanding Balance Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 15.1 or Section 15.315(a), the portion of the Outstanding Balance Principal designated by the Holder which, when added to the outstanding balance principal represented by the other new Notes issued in connection with such issuance, does not exceed the Outstanding Balance Principal remaining 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 on the Principal and Late Charges and other increases to the Outstanding Balance as permitted hereunder Interest of this Note, from the Issuance Date.

Appears in 1 contract

Samples: Shareholders’ Agreement (Parabel Inc.)

Issuance of New Notes. Subject to Section 10, whenever Whenever the 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 evidence the same and represent, as indicated on the face of such new Note, the Outstanding Balance Principal remaining outstanding (or in the case of a new Note being issued pursuant to Section 15.1 22(a) or Section 15.322(c), the portion of the Outstanding Balance Principal designated by the Holder which, when added to the outstanding balance principal represented by the other new Notes issued in connection with such issuance, does not exceed the Outstanding Balance Principal remaining 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 and evidence the same indebtedness as this Note, and (v) shall represent evidence accrued Interest on the Principal and unpaid Interest and Late Charges and other increases to the Outstanding Balance as permitted hereunder of this Note, from the Issuance Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mitel Networks Corp)

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