Common use of Incurrence of Indebtedness Clause in Contracts

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 senior, non-convertible Indebtedness for borrowed money, other than any such Indebtedness comprising Permitted Indebtedness.

Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, (i) incur or guarantee, assume or suffer to exist any senior, non-convertible Indebtedness for borrowed money, that is senior to Indebtedness under the Notes other than any such Indebtedness comprising Permitted Indebtedness, or (ii) increase the amount owed under any existing Indebtedness, as set forth in Schedule 3(q) to the Securities Purchase Agreement.

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 senior, non-convertible Indebtedness for borrowed moneyIndebtedness, other than any such Indebtedness comprising Permitted Indebtedness.

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 senior, non-convertible Indebtedness for borrowed money, (other than any such Indebtedness comprising (i) this Note, the Other Notes, and the Additional Notes upon issuance, and (ii) Permitted Indebtedness).

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 senior, non-convertible Indebtedness for borrowed moneyIndebtedness, other than any such Indebtedness comprising (i) this Note, and (ii) Permitted Indebtedness.

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 senior, non-convertible Indebtedness for borrowed moneyIndebtedness, other than any such Indebtedness comprising (i) this Note and the Additional Note upon issuance, and (ii) Permitted Indebtedness.

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 senior, non-convertible Indebtedness for borrowed moneyIndebtedness, other than (i) this Note and any such Indebtedness comprising Additional Note upon issuance, and (ii) Permitted Indebtedness.

Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, without the prior express written consent of the Holder, incur or guarantee, assume or suffer to exist any senior, non-convertible Indebtedness for borrowed moneyIndebtedness, other than (i) the Indebtedness evidenced by this Note, (ii) Permitted Indebtedness and (iii) Indebtedness solely between or among the Company and any such Indebtedness comprising Permitted Indebtednessof its Subsidiaries.

Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, without the prior express written consent of the Holder, incur or guarantee, assume or suffer to exist any senior, non-convertible Indebtedness for borrowed moneyIndebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes, (ii) Permitted Indebtedness and (iii) Indebtedness solely between or among the Company and any such Indebtedness comprising Permitted Indebtednessof its Subsidiaries.

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 senior, non-convertible Indebtedness for borrowed moneyIndebtedness, other than any such Indebtedness comprising (i) this Note and the First Tranche Note upon issuance, and (ii) Permitted Indebtedness.

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 senior, non-convertible Indebtedness for borrowed money, (other than any such Indebtedness comprising (i) this Advance Note, the Other Advance Note and the Prepaid-Tranches upon issuance, and (ii) Permitted Indebtedness).

Incurrence of Indebtedness. The Company Corporation shall not, and the Company Corporation shall cause each of its Subsidiaries to not, directly or indirectly, incur or incur, guarantee, or assume or suffer to exist any senior, non-convertible Indebtedness for borrowed money, (other than any such (i) the Indebtedness comprising evidenced by this Note and (ii) other Permitted IndebtednessIndebtedness (as defined in the Restated Securities Purchase Agreement)).

Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, guaranty or assume or suffer to exist any senior, non-convertible Indebtedness for borrowed money, (other than any such Indebtedness comprising (i) this Note and the Convertible Notes and (ii) Permitted Indebtedness).

Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur create or guaranteeauthorize the creation of any debt security, assume borrow money or suffer to exist guaranty any senior, non-convertible Indebtedness for borrowed money, (other than any such (i) the Indebtedness comprising evidenced by this Note and the other Notes and (ii) other Permitted Indebtedness).

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 senior, non-convertible Indebtedness for borrowed money, (other than any such Indebtedness comprising (i) the Notes, and (ii) Permitted Indebtedness).

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 senior, non-convertible Indebtedness for borrowed money, other than any such (i) the Indebtedness comprising evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness.

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 senior, non-convertible Indebtedness for borrowed money, (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) any such other Indebtedness comprising Permitted Indebtednessincurred pursuant to the Settlement Agreement, the NPA or the SEPA).

Incurrence of Indebtedness. The At all times prior to the Defeasance Time, 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 senior, non-convertible Indebtedness for borrowed money, (other than any such (i) the Indebtedness comprising evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).

Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, guaranty or assume or suffer to exist any senior, non-convertible Indebtedness for borrowed money, (other than any such Indebtedness comprising (i) this Note and the Term Notes and (ii) Permitted Indebtedness).

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 senior, non-convertible Indebtedness for borrowed money, (other than any such (i) the Indebtedness comprising evidenced by this Note and (ii) other Permitted Indebtedness).

Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guaranteeguarantee or assume any Indebtedness (other than (i) this Note and the Additional Notes upon issuance, assume or suffer to exist any senior, non-convertible and (ii) Indebtedness for borrowed money, other than any such Indebtedness comprising operational costs incurred in the normal course of business not to exceed $150,000 and expenses associated with D&O and general liability insurance policies (“Permitted Indebtedness”).