A New Mexico Convertible Secured Promissory Note is a legal document that outlines the terms and conditions of a loan agreement between a lender and a borrower based in New Mexico. This particular type of promissory note provides security for the lender, as it is backed by collateral, and offers the borrower the option to convert the debt into equity at a later date. There are several types of New Mexico Convertible Secured Promissory Notes which are commonly used. These variations are: 1. Senior Convertible Secured Promissory Note: This note grants the lender priority over other creditors in case of default or bankruptcy. It provides an added layer of protection for the lender's investment. 2. Subordinated Convertible Secured Promissory Note: In contrast to the senior note, this type of promissory note places the lender at a lower priority in case of default or bankruptcy. It is often used when there are multiple lenders involved in a transaction. 3. Convertible Secured Promissory Note with Warrant Coverage: This note includes an additional provision allowing the lender to receive additional equity or company shares as a warrant, in addition to converting the debt. This provides the lender with potential upside if the borrower's business performs well. 4. Non-Convertible Secured Promissory Note: This type of promissory note does not offer the borrower the option to convert the debt into equity. It is a straightforward loan agreement where the borrower is obligated to fully repay the loan amount plus interest over time. When drafting a New Mexico Convertible Secured Promissory Note, specific keywords are essential to ensure clarity and enforceability. These keywords may include: 1. Collateral: This refers to assets or property pledged as security for the loan in case of default. 2. Conversion Price: The price at which the debt can be converted into equity, typically determined by a formula or pre-negotiated valuation. 3. Conversion Ratio: The ratio that determines the amount of equity the lender will receive when converting the debt. 4. Maturity Date: The date by which the borrower must repay the loan in full or convert it into equity. 5. Interest Rate: The rate at which interest will accrue on the principal amount of the loan. 6. Default: The failure of the borrower to fulfill their obligations, triggering penalties, or potential loss of collateral. 7. Repayment Terms: The schedule and method of repayment, including any grace periods or installment options. Overall, a New Mexico Convertible Secured Promissory Note is a legally binding agreement that outlines the terms and conditions of a loan, providing security for both parties involved. The specific type of note chosen will depend on the lender's level of protection, the borrower's needs, and any additional provisions desired, such as warrant coverage.