Does documents show the note can be secured through stock
6/30/2024 08:03pm
The documents provide evidence that Alpha Mind's promissory note can be secured through stock.
1. **Promissory Note Secured by Stock**: The form of Promissory Note Secured by Pledge of Stock issued to Netlogic (Exhibit 10.12) shows that the Purchaser (Alpha Mind) agrees to the assignment of the security interest under the Restricted Stock Agreement. This indicates that the note is secured by the stock, specifically by the issued and outstanding equity of the Target Company and all of its assets.
2. **Security Interest in the Equity**: The Equity Acquisition Agreement between FLJ Group Limited and Alpha Mind Technology Limited includes provisions for covenants and closing conditions, which are customary for transactions of this type. This suggests that the acquisition agreement, which includes the promissory note, allows for the security interest in the equity to be a viable option.
3. **Conversion to Equity**: The convertible promissory note issued in the acquisition of 85% stake in Alpha Mind Technology Limited by MMTec, Inc. (Exhibit 2) also implies a connection between the promissory note and the stock. While this note is not secured by stock, it does convert into equity, which can be seen as a precursor to using a promissory note as collateral for stock.
In conclusion, the evidence from the provided documents indicates that Alpha Mind's promissory note can indeed be secured through the stock, specifically the issued and outstanding equity of the Target Company and its subsidiaries.