Examples of Exchanged Note in a sentence
On the basis of the representations, warranties and agreements herein contained and subject to the terms and conditions herein set forth, the Investor hereby agrees to exchange, and to cause the other Exchanging Investors to exchange, an aggregate principal amount of the Notes set forth on Exhibit A hereto (the “Exchanged Notes”) for the consideration calculated as set forth on Exhibit A hereto for each such Exchanged Note.
The recovery rate of the Exchanged Note was estimated by reviewing historical corporate debt that went into default.
Accordingly, the unambiguous Exchanged Note provisions and the unrebutted and corroborated evidence establish for summary judgment purposes that FP Tech was the holder of each of the Notes at the time of the foreclosure sale.
So far no indication of that, but it is a risk.” Id.The next day, counsel for the Bank of New York asked Peary to provide it with Firepond’s Company Register (“Register”) of Exchanged Note transfers in the preceding six months.
On the basis of the representations, warranties and agreements herein contained and subject to the terms and conditions herein set forth, the Investor hereby agrees to exchange, and to cause the other Exchanging Investors to exchange, an aggregate principal amount of the Notes set forth on E xhibit A hereto (the “Exchanged Notes”) for the consideration calculated as set forth on E xhibit A hereto for each such Exchanged Note.
The Trustee contends that under Section 18, the transfer of an Exchanged Note becomes effective only when the original Note issurrendered and a replacement Note is issued.
Peary informed Audrey and FP Tech’s counsel that he would “gin one up,” and thereafter sent the Bank of New York an email that included as an attachment a certified copy of Firepond’s Register listing the names of all Exchanged Note owners and the amount owed under each Note.
In accordance with Section 8(e) of the Exchanged Note, the Holder hereby waives the Company’s existing Equity Conditions Failure (as defined in the Exchanged Note) as a result of a Price Failure (as defined in the Exchanged Note) solely with respect to [ ]1% of the Company Conversion Amount due and payable by the Company on July 1, 2011 effective as of the Closing Date.
Derivative LiabilityThe Company has identified all of the derivatives (“Derivative Liability”) associated with the Exchanged Note which include put rights to require the investor to acquire an additional $15.0 million convertible note and additional warrants, holder change of control redemption rights, issuer optional redemption rights, sale redemption rights and a right to make payment in the form of stock rather than cash if certain equity conditions are met.
As of the Effective Date, no Event of Default (as defined in the Exchanged Note) has occurred nor has there occurred an event that with the passage of time or giving of notice would constitute an Event of Default.