Rights With Respect to Distributions. So long as no default shall have occurred and be continuing under this Note, Borrower shall be entitled to receive any and all dividends and distributions made with respect to the Pledged Securities and any other Collateral. However, upon the occurrence and during the continuance of any default, Lender shall have the sole right (unless otherwise agreed by Lender) to receive and retain dividends and distributions and apply them to the outstanding balance of this Note or hold them as Collateral, at Lender’s election.
Appears in 15 contracts
Samples: Preferred Stock Purchase Agreement (Entech Solar, Inc.), Securities Purchase Agreement (ZBB Energy Corp), Securities Purchase Agreement (ZBB Energy Corp)
Rights With Respect to Distributions. So long as no default shall Default will have occurred and be continuing under this Note, Borrower shall will be entitled to receive any and all dividends and distributions made with respect to the Pledged Securities and any other Collateral. However, upon the occurrence and during the continuance of any defaultDefault, Lender shall will have the sole right (unless otherwise agreed in writing by LenderLender in its sole discretion) to receive and retain dividends and distributions and apply them to the outstanding balance of this Note or hold them as Collateral, at Lender’s election.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Camber Energy, Inc.), Securities Purchase Agreement (Beyond Commerce, Inc.), Securities Purchase Agreement (Immune Pharmaceuticals Inc)
Rights With Respect to Distributions. So long as no default shall will have occurred and be continuing under this Note, Borrower shall will be entitled to receive any and all dividends and distributions made with respect to the Pledged Securities and any other Collateral. However, upon the occurrence and during the continuance of any default, Lender shall will have the sole right (unless otherwise agreed in writing by LenderLender in its sole discretion) to receive and retain dividends and distributions and apply them to the outstanding balance of this Note or hold them as Collateral, at Lender’s election.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Uluru Inc.), Common Stock Purchase Agreement (Uluru Inc.), Stock Purchase Agreement (POSITIVEID Corp)
Rights With Respect to Distributions. So long as no default shall Default will have occurred and be continuing under this Note, Borrower shall will be entitled to receive any and all dividends and distributions made with respect to the Pledged Securities and any other Collateral. However, upon the occurrence and during the continuance of any defaultDefault, Lender shall \viii have the sole right (unless otherwise agreed in writing by LenderLender in its sole discretion) to receive and retain dividends and distributions and apply them to the outstanding balance of this Note or hold them as Collateral, at Lender’s 's election.
Appears in 1 contract
Samples: Stock Purchase Agreement (East Coast Diversified Corp)
Rights With Respect to Distributions. So long as no default shall Default will have occurred and be continuing under this Note, Borrower shall will be entitled to receive any and all dividends and distributions made with respect to the Pledged Securities and any other Collateral. However, upon the occurrence and during the continuance of any defaultDefault, Lender shall will have the sole right (unless otherwise agreed in writing by LenderLender in its sole discretion) to receive and retain dividends and distributions and apply them to the outstanding balance of this Note or hold them as Collateral, at Lender’s election.
Appears in 1 contract
Samples: Share Subscription Agreement (NewLead Holdings Ltd.)
