Employee Priority Liabilities Sample Clauses
Employee Priority Liabilities. Not permit the Employee Priority Liabilities at any time to exceed seventy percent (70%) of the fair market value of the Loan Parties’ Inventory at that time.
Employee Priority Liabilities. 2 The descriptions of the calculations set forth in this certificate are sometimes abbreviated for simplicity, but are qualified in their entirety by reference to the full text of the calculations provided in the Credit Agreement. 3 2013 Bonds to be included for quarter ending December 31, 2014 and for purposes of determining permitted payments under 2013 Bonds in accordance with Section 8.11 of the Credit Agreement. The attached computation demonstrates the Loan Parties’ compliance with the covenant set forth in Section 8.13.3 of the Credit Agreement as of the last day of each calendar month in the period covered by the financial statements delivered with this Compliance Certificate (including, without limitation, an itemization of the Employee Priority Liabilities, and a calculation of the fair market value of the Loan Parties’ Inventory, in each case, as of the last day of each such calendar month). [$__________] __________, 20_____ FOR VALUE RECEIVED and pursuant to the terms of this Promissory Note (this “Note”), the undersigned, ▇▇▇▇▇▇▇ PHARMACEUTICALS HOLDINGS PTY LTD, a proprietary company limited by shares incorporated under the laws of Australia, having an address at ▇▇▇▇ ▇, ▇▇▇-▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇ (“Australian Borrower”), and ▇▇▇▇▇▇▇, INC., a corporation incorporated under the laws of the state of Delaware, United States of America, having an address at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇, ▇▇▇ (“U.S. Borrower”, and together with Australian Borrower, each individually, a “Borrower”, and collectively, the “Borrowers”), hereby jointly, severally, unconditionally and irrevocably promise to pay to the order of [__________] (together with all subsequent holders of this Note being hereinafter referred to collectively as “Holder”), the principal sum of [____________________] ([$__________]), together with all Revenue-Based Payments and all fees, costs, indemnities, reimbursements and other Obligations, in each case, as set forth in that certain Credit Agreement, dated as of January 23, 2014 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Borrowers, the Guarantors (as defined therein), the financial institutions party thereto from time to time as Lenders (each, a “Lender” and collectively, the “Lenders”), and SWK FUNDING LLC, as Agent for the Lenders (“Agent”). This Note evidences the obligation of each Borrower to repay the Loans and all ...
