Effect of Subordination. Subject to the rights, if any, of the holders ----------------------- of Senior Indebtedness under this Section 8 to receive cash, securities or other properties otherwise payable or deliverable to the Holder of the Note, nothing contained in this Section 8 shall impair, as between the Company and the Holder, the obligation of the Company, subject to the terms and conditions of this Agreement, to pay to the Holder the principal hereof and interest hereon as and when the same become due and payable, or shall prevent the Holder of the Note, upon default hereunder, from exercising all rights, powers and remedies otherwise provided herein or by applicable law.
Appears in 3 contracts
Samples: National Marketing and Distribution Agreement (Retractable Technologies Inc), National Marketing and Distribution Agreement (Retractable Technologies Inc), National Marketing and Distribution Agreement (Retractable Technologies Inc)
Effect of Subordination. Subject to the rights, if any, of the holders ----------------------- of Senior Indebtedness under this Section 8 14 to receive cash, securities or other properties otherwise payable or deliverable to the Holder holder of the Notethis Debenture, nothing contained in this Section 8 14 shall impair, as between the Company and the Holderholder, the obligation of the Company, subject to the terms and conditions of this Agreementhereof, to pay to the Holder holder the principal hereof and interest hereon as and when the same become due and payable, or shall prevent the Holder holder of the Notethis Debenture, upon default hereunder, from exercising all rights, powers and remedies otherwise provided herein or by applicable law.
Appears in 2 contracts
Samples: Debenture and Note Purchase Agreement (Anderson Jack R), Debenture and Note Purchase Agreement (Safeguard Health Enterprises Inc)
Effect of Subordination. Subject to the rights, if any, of the holders ----------------------- of Senior Indebtedness under this Section 8 to receive cash, securities or other properties otherwise payable or deliverable to the Holder holder of the this Note, nothing contained in this Section 8 shall impair, as between the Company and the Holderholder, the obligation of the Company, subject to the terms and conditions of this Agreementhereof, to pay to the Holder holder the principal hereof and interest hereon as and when the same become due and payable, or shall prevent the Holder holder of the this Note, upon default hereunder, from exercising all rights, powers and remedies otherwise provided herein or by applicable law.
Appears in 2 contracts
Samples: Debenture and Note Purchase Agreement (Safeguard Health Enterprises Inc), Debenture and Note Purchase Agreement (Anderson Jack R)
Effect of Subordination. Subject to the rights, if any, of the holders ----------------------- of Senior Indebtedness under this Section 8 7 to receive cash, securities or other properties otherwise payable or deliverable to the Holder of the this Note, nothing contained in this Section 8 7 shall impair, as between the Company Issuer and the Holder, the obligation of the CompanyIssuer, subject to the terms and conditions of this Agreementhereof, to pay to the Holder the principal hereof and interest hereon as and when the same become due and payable, or shall prevent the Holder of the this Note, upon default hereunder, from exercising all rights, powers and remedies otherwise provided herein or by applicable law.
Appears in 2 contracts
Samples: Subordinated Note Agreement (FriendFinder Networks Inc.), Subordinated Note Agreement (FriendFinder Networks Inc.)
Effect of Subordination. Subject to the rights, if any, of the holders ----------------------- of Senior Indebtedness under this Section 8 11 to receive cash, securities or other properties otherwise payable or deliverable to the Holder of the Note, nothing contained in this Section 8 11 shall impair, as between the Company and the Holder, the obligation of the Company, subject to the terms and conditions of this Agreementhereof, to pay to the Holder the principal hereof and interest hereon as and when the same become due and payable, or shall prevent the Holder of the Note, upon default hereunder, from exercising all rights, powers and remedies otherwise provided herein or by applicable law.
Appears in 1 contract
Samples: Convertible Subordinated Note Agreement (Micro Therapeutics Inc)
Effect of Subordination. Subject to the rights, if any, rights of the holders ----------------------- of Senior Indebtedness under Indebtedness, pursuant to this Section 8 E, to receive cash, securities or other properties otherwise payable or deliverable to the Holder of the this Note, nothing contained in this Section 8 E shall impair, as between the Company and the Holder, the obligation of the Company, subject to the terms and conditions of this Agreementhereof, to pay to the Holder the outstanding principal hereof balance of this Note and accrued but unpaid interest hereon as and when the same become became due and payable, or shall prevent the Holder of the this Note, upon default hereunder, from exercising all rightsright, powers and remedies otherwise provided herein or by applicable law.
Appears in 1 contract
Samples: Convertible Secured Promissory Note (Innuity, Inc. /Ut/)
Effect of Subordination. Subject to the rights, if any, of the holders ----------------------- of Senior Indebtedness under this Section Article 8 to receive cash, securities or other properties otherwise payable or deliverable to the Holder of the Note, nothing contained in this Section Article 8 shall impair, as between the Company and the Holder, the obligation of the Company, subject to the terms and conditions of this Agreementhereof, to pay to the Holder the principal hereof and interest hereon as and when the same become due and payable, or shall prevent the Holder of the Note, upon default hereunder, from exercising all rights, powers and remedies otherwise provided herein or by applicable law.
Appears in 1 contract
Samples: Convertible Subordinated Note Agreement (Senorx Inc)
Effect of Subordination. Subject to the rights, if any, of the holders ----------------------- of Senior Indebtedness under this Section Article 8 to receive cash, securities or other properties otherwise payable or deliverable to the Holder of the NoteRegistered Holder, nothing contained in this Section Article 8 shall impair, as between the Company and the Registered Holder, the obligation of the Company, subject to the terms and conditions of this Agreementhereof, to pay to the Registered Holder the principal hereof and interest hereon as and when the same become due and payable, or shall prevent the Holder of the NoteRegistered Holder, upon default hereunder, from exercising all rights, powers and remedies otherwise provided herein or by applicable law, except as limited under Section 8.1 above.
Appears in 1 contract
Samples: Subordinated Convertible Note Agreement (Cardica Inc)