Obligations of Issuer Unconditional. Nothing contained in Section 5.1 or elsewhere in the Notes is intended to or shall impair, as between the Issuer and the Holders of the Notes, the obligation of the Issuer, which is absolute and unconditional, to pay to the Holders of the Notes the principal amount of and interest on the Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Notes and creditors of the Issuer other than the holders of the Senior Debt, nor shall anything herein or therein prevent any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Note, subject to the rights, if any, under Section 5 of the holders of the Senior Debt in respect of cash, property or securities of the Issuer received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in Section 5 will restrict the right of the Holders of the Notes to take any action to declare the Notes to be due and payable prior to their stated maturity pursuant to Section 4.1 or to pursue any rights or remedies hereunder.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Morgan Stanley Dean Witter & Co), Subordinated Convertible Note (Frontstep Inc), Securities Purchase Agreement (Frontstep Inc)
Obligations of Issuer Unconditional. Nothing contained in Section 5.1 6.1 or elsewhere in the Notes is intended to or shall impair, as between the Issuer and the Holders of the Notes, the obligation of the Issuer, which is absolute and unconditional, to pay to the Holders of the Notes the principal amount of and interest on the Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Notes and creditors of the Issuer other than the holders of the Senior Debt, nor shall anything herein or therein prevent any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Note, subject to the rights, if any, under Section 5 6 of the holders of the Senior Debt in respect of cash, property or securities of the Issuer received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in Section 5 6 will restrict the right of the Holders of the Notes to take any action to declare the Notes to be due and payable prior to their stated maturity pursuant to Section 4.1 5.1 or to pursue any rights or remedies hereunder.
Appears in 3 contracts
Samples: Subordinated Note (Frontstep Inc), Securities Purchase Agreement (Morgan Stanley Dean Witter & Co), Securities Purchase Agreement (Frontstep Inc)
Obligations of Issuer Unconditional. Nothing contained in Section 5.1 6.1 or elsewhere in the Notes is intended to or shall impair, as between the Issuer and the Holders of the Notes, the obligation of the Issuer, which is absolute and unconditional, to pay to the Holders of the Notes the principal amount of and interest on the Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Notes and creditors of the Issuer other than the holders of the Senior Debt, nor shall anything herein or therein prevent any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Note, subject to the rights, if any, under Section 5 7 of the holders of the Senior Debt in respect of cash, property or securities of the Issuer received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in Section 5 7 will restrict the right of the Holders of the Notes to take any action to declare the Notes to be due and payable prior to their stated maturity pursuant to Section 4.1 or to pursue any rights or remedies hereunder.
Appears in 1 contract
Samples: Securities Purchase Agreement (Nasdaq Stock Market Inc)