Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 15 contracts
Samples: Securities Purchase Agreement (Adagio Medical Holdings, Inc.), Securities Purchase Agreement (GigCapital5, Inc.), Securities Purchase Agreement (EF Hutton Acquisition Corp I)
Incurrence of Indebtedness. The So long as this Note is outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 15 contracts
Samples: Subordination Agreement (SANUWAVE Health, Inc.), Subordination Agreement (SANUWAVE Health, Inc.), Subordination Agreement (SANUWAVE Health, Inc.)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, guarantee or assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes Additional Note(s) upon issuance, and (ii) other Permitted Indebtedness).
Appears in 9 contracts
Samples: Note Agreement (SEALSQ Corp), Note Agreement (SEALSQ Corp), Note Agreement (SEALSQ Corp)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 6 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Pacific Ethanol, Inc.), Note Purchase Agreement (Pacific Ethanol, Inc.)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 5 contracts
Samples: Second Amendment and Exchange Agreement (Nauticus Robotics, Inc.), Securities Purchase Agreement (Digital Health Acquisition Corp.), Securities Purchase Agreement (Corindus Vascular Robotics, Inc.)
Incurrence of Indebtedness. The So long as this Note is outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and Notes, (ii) other Permitted Indebtedness)Indebtedness and (iii) Indebtedness incurred solely to repay the Notes at Maturity and which has a maturity later than and is pari passu or junior in right of payment to the Notes.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Security Devices International Inc.), Trust Indenture (Security Devices International Inc.), Securities Purchase Agreement
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries subsidiaries to not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 4 contracts
Samples: Agreement for Amendment to Series a and Series B Warrants (Repros Therapeutics Inc.), Agreement for Amendment to Series a and Series B Warrants (Repros Therapeutics Inc.), Agreement for Amendment to Series a and Series B Warrants (Repros Therapeutics Inc.)
Incurrence of Indebtedness. The So long as this Note is outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notsubsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 3 contracts
Samples: Exchange Agreement (Altimmune, Inc.), Exchange Agreement (Altimmune, Inc.), Securities Purchase Agreement (Third Wave Technologies Inc /Wi)
Incurrence of Indebtedness. The So long as any Obligations are outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 2 contracts
Samples: Senior Secured Convertible Note and Warrant Purchase Agreement (Zap), Securities Purchase Agreement (Zap)
Incurrence of Indebtedness. The So long as this Note is outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Rancher Energy Corp.), Senior Secured Convertible Note (Inksure Technologies Inc.)
Incurrence of Indebtedness. The So long as the Notes are outstanding, no Company shall, and no Company shall not, and the Company shall cause each permit any of its Subsidiaries to notto, directly or indirectly, create, incur or guarantee, assume assume, or suffer to exist any Indebtedness (or engage in any sale and leaseback, synthetic lease or similar transaction, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Qsgi Inc.), Securities Purchase Agreement (Qsgi Inc.)
Incurrence of Indebtedness. The So long as the Notes are Outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 2 contracts
Samples: Indenture (FP Technology, Inc.), Indenture (AFG Enterprises USA, Inc.)
Incurrence of Indebtedness. The So long as this Note is outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 2 contracts
Samples: Note Purchase Agreement (Response Biomedical Corp), Note Purchase Agreement (Response Biomedical Corp)
Incurrence of Indebtedness. The Other than Permitted Indebtedness, the Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, enter into, incur or guarantee, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness)for borrowed money of any kind, including, but not limited to, a guarantee.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Baxano Surgical, Inc.), Securities Purchase Agreement (Baxano Surgical, Inc.)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 2 contracts
Samples: Convertible Security Agreement (Panacea Life Sciences Holdings, Inc.), Convertible Security Agreement (Panacea Life Sciences Holdings, Inc.)
Incurrence of Indebtedness. The For so long as any amount remains due and outstanding under this Note, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notor its Managed PCs to, directly or indirectly, incur or incur, guarantee, or assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Samples: Convertible Senior Subordinated Secured Loan Note (Birner Dental Management Services Inc)
Incurrence of Indebtedness. The So long as this Note is outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Samples: Securities Purchase Agreement (Composite Technology Corp)
Incurrence of Indebtedness. The So long as this Note is outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, guarantee or assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes Notes, and (ii) other Permitted Indebtedness).
Appears in 1 contract
Samples: Note Agreement (iQSTEL Inc)
Incurrence of Indebtedness. The Prior to a Full Collateralization Event, so long as this Note is outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Samples: Agreement of Merger and Plan of Reorganization (Eon Communications Corp)
Incurrence of Indebtedness. The Company shall notSo long as this Note is outstanding, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Samples: Securities Purchase Agreement (Biovest International Inc)
Incurrence of Indebtedness. The So long as this Note is outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted IndebtednessIndebtedness (as defined in the Notes).
Appears in 1 contract
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Incurrence of Indebtedness. The So long as this Note is outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other other Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Incurrence of Indebtedness. The So long as this Note is outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Incurrence of Indebtedness. The So long as this Note is outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness). As used herein, “Permitted Indebtedness” means (A) Senior Indebtedness; and (B) Permitted Subordinated Indebtedness.
Appears in 1 contract
Incurrence of Indebtedness. The So long as this Note is outstanding, the Company shall (and shall use its commercially reasonable efforts to cause the Parent and the Parent's other Subsidiaries) not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Samples: Merger Agreement (Vringo Inc)
Incurrence of Indebtedness. The So long as this Note is outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and Notes, (ii) other Senior Indebtedness, and (iii) Permitted Subordinated Indebtedness).
Appears in 1 contract
Incurrence of Indebtedness. The So long as this Convertible Note is outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Convertible Note and the Other Additional Convertible Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes (and the Guarantees thereof) and (ii) other Permitted Indebtedness).
Appears in 1 contract
Samples: Securities Purchase Agreement (Minrad International, Inc.)
