Common use of Pari Passu Notes Clause in Contracts

Pari Passu Notes. The Holder acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount of this Note, and all accrued and unpaid Interest, shall be pari passu in right of payment and in all other respects (other than with respect to the priority of any security interest in the assets of the Company) to the other Notes. In the event that the Holder receives payments in excess of such Xxxxxx’s pro rata share of the Company’s payments to the holders of all the Notes, then the Holder shall hold in trust all such excess payments for the benefit of the holders of all the other Notes, and shall pay such amounts held in trust to such other holders upon demand by such holders.

Pari Passu Notes. The Holder acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount principal amount of this Note, Note and all accrued and unpaid Interest, interest hereon shall be pari passu in right of payment and in all other respects (other than with respect to the priority of any security interest in the assets of the Company) to the other NotesNotes issued pursuant to the Note Purchase Agreement. In the event that the Holder receives payments in excess of such Xxxxxx’s its pro rata share of the Company’s payments to the holders of all the NotesHolders, then the Holder shall hold in trust all such excess payments for the benefit of the holders of all the other Notes, Holders and shall pay such amounts held in trust to such other holders Holders upon demand by such holdersother Holders.

Pari Passu Notes. The Holder acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount of this Note, and all accrued and unpaid Interest, shall be pari passu in right of payment and in all other respects (other than with respect to the priority of any security interest in the assets of the Company) to the other Notes. In the event that the Holder receives payments in excess of such XxxxxxHxxxxx’s pro rata share of the Company’s payments to the holders of all the Notes, then the Holder shall hold in trust all such excess payments for the benefit of the holders of all the other Notes, and shall pay such amounts held in trust to such other holders upon demand by such holders.

Pari Passu Notes. The Holder Investor acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount principal amount of this Note, Note and all accrued and unpaid Interest, interest hereon shall be pari passu in right of payment and in all other respects (other than with respect to the priority of any security interest in the assets of the Company) to the other Notes issued pursuant to the Note and Warrant Purchase Agreement or pursuant to the terms of such Notes. In the event that the Holder holder of this Note receives payments in excess of such Xxxxxx’s its pro rata share of the Company’s payments to the holders of all of the Notes, then the Holder such holder shall hold in trust all such excess payments for the benefit of the holders of all the other Notes, Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Pari Passu Notes. The Holder acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount principal amount of this Note, Note and all accrued and unpaid Interest, interest hereon shall be pari passu in right of payment and in all other respects (other than with respect to the priority of any security interest in the assets of the Company) to the other NotesNotes issued by the Company pursuant to the Purchase Agreement or pursuant to the terms of such Notes issued by the Company. In the event that the Holder receives payments of principal or interest in excess of such Xxxxxx’s its pro rata share of the Company’s payments of principal or interest to the holders Holders of all of the NotesNotes issued by the Company, then the Holder shall hold in trust all such excess payments for the benefit of the holders of all the other Notes, Notes issued by the Company and shall pay such amounts held in trust to such other holders upon demand by such holders.

Pari Passu Notes. The Holder acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount principal amount of this Note, Note and all accrued and unpaid Interest, interest hereon shall be pari passu in right of payment and in all other respects (other than with respect to the priority of any security interest in the assets of the Company) to the other Notes. In the event that the Holder receives payments in excess of such Xxxxxx’s its pro rata share of the Company’s payments to the holders of all of the Notes, then the Holder shall hold in trust all such excess payments for the benefit of the holders of all the other Notes, Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Pari Passu Notes. The Holder acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount principal amount of this Note, the Note and all accrued and unpaid Interest, interest hereon shall be pari passu in right of payment and in all other respects (other than with respect to the priority of any security interest in the assets of the Company) to the other Transaction Notes. In the event that the Holder receives payments in excess of such Xxxxxx’s its pro rata share of the Company’s Borrower‛s payments to the holders Holders of all of the Transaction Notes, then the Holder shall hold in trust all such excess payments for the benefit of the holders of all the other Notes, Transaction Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Pari Passu Notes. The Holder acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount principal amount of this Note, Note and all accrued and unpaid Interest, interest hereon shall be pari passu in right of payment and in all other respects (other than with respect to the priority of any security interest in the assets of the Company) to the other Notes. In the event that the Holder receives payments in excess of such Xxxxxx’s its pro rata share of the Company’s payments to the holders Holders of all of the Notes, then the Holder shall hold in trust all such excess payments for the benefit of the holders of all the other Notes, Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Pari Passu Notes. The Holder acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount principal amount of this Note, Note and all accrued and unpaid Interest, interest hereon shall be pari passu in right of payment and in all other respects (other than with respect to the priority of any security interest in the assets of the Company) to the other Notes. In the event that the Holder receives payments in excess of such Xxxxxx’s its pro rata share of the Company’s payments to the holders of all of the Notes, then the Holder shall hold in trust all such excess payments for the benefit of the holders of all the other Notes, Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Pari Passu Notes. The Holder acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount of this Note, and all accrued and unpaid Interest, Interest shall be pari passu in right of payment and in all other respects (other than with respect to the priority of any security interest in the assets of the Company) to the other Other Notes. In the event that the Holder receives payments in excess of such Xxxxxx’s its pro rata share of the Company’s payments to the holders of all of the Notes, then the Holder shall hold in trust all such excess payments for the benefit of the holders of all the other Notes, Other Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Pari Passu Notes. The Holder acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount principal amount of this Note, Note and all accrued and unpaid Interest, interest hereon shall be pari passu in right of payment and in all other respects (other than with respect to the priority of any security interest in the assets of the Company) to the other Notes. In the event that the Holder receives payments in excess of such Xxxxxx’s its pro rata share of the Company’s payments to the holders holder of the Holders of all of the other Notes, then the Holder shall hold in trust all such excess payments for the benefit of the holders Holders of all the other Notes, Notes and shall pay such amounts held in trust to the holder of such other holders Holders of the other Notes upon demand by the holder of such holders.Holders of the other Notes, as applicable. ​

Pari Passu Notes. The Holder Investor acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount principal amount of this Note, Note and all accrued and unpaid Interest, interest hereon shall be pari passu in right of payment and in all other respects (other than with respect to the priority of any security interest in the assets of the Company) to the other Notes issued pursuant to the Note Purchase Agreement or pursuant to the terms of such Notes. In the event that the Holder Investor receives payments in excess of such Xxxxxx’s its pro rata share of the Company’s or the Subsidiaries’ payments to the holders Investors of all of the Notes, then the Holder Investor shall hold in trust all such excess payments for the benefit of the holders of all the other Notes, Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Pari Passu Notes. The Holder Lender acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount principal amount of this Note, and all accrued and unpaid Interest, interest on this Note shall be pari passu in right of payment and in all other respects (other than with respect to the priority of any security interest in the assets of the Company) to the other Notes issued pursuant to the Purchase Agreement or pursuant to the terms of such Notes. In the event that the Holder Lender receives payments in excess of such Xxxxxx’s its pro rata share of the Company’s payments to the holders of all of the Notes, then the Holder Lender shall hold in trust all such excess payments for the benefit of the holders of all the other Notes, Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Pari Passu Notes. The Holder acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount principal amount of this Note, Note and all accrued and unpaid Interest, interest hereon shall be pari passu in right of payment and in all other respects (other than with respect to the priority of any security interest in the assets of the Company) to the other Notes, and is pari passu in right of payment and in all other respects to other indebtedness of the Company. In the event that the Holder receives payments in excess of such Xxxxxx’s its pro rata share of the Company’s payments to the holders Holders of all of the Notes, then the Holder shall hold in trust all such excess payments for the benefit of the holders Holders of all the other Notes, Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Pari Passu Notes. The Holder acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount principal amount of this Note, all interest hereon and all accrued and unpaid Interest, the premium payment set forth in Section 4 shall be pari passu in right of payment and in all other respects (other than with respect to the priority of any security interest in the assets of the Company) to the other Notes. In the event that the Holder receives payments in excess of such Xxxxxxthe Holder’s pro rata share of the Company’s payments to the holders of all of the Notes, then the Holder shall hold in trust all such excess payments for the benefit of the holders of all the other Notes, Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Pari Passu Notes. The Holder acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount principal amount of this Note, and all accrued and unpaid Interestinterest under this Note, shall be pari passu in right of payment and in all other respects to: (other than with respect to the priority of any security interest in the assets of the Companyi) to the other Notes; and (ii) the 2010 Notes. In the event that the Holder receives payments in excess of such Xxxxxx’s pro rata share of the Company’s payments to the holders of all the Notes and the 2010 Notes, then the Holder shall hold in trust all such excess payments for the benefit of the holders of all the other Notes and the 2010 Notes, and shall pay such amounts held in trust to such other holders upon demand by such holders.

Pari Passu Notes. The Holder acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount principal amount of this Note, Note and all accrued and unpaid Interest, interest hereon shall be pari passu in right of payment and in all other respects (other than with respect to the priority of any security interest in the assets of the Company) to the other 2011 Notes. In the event that the Holder receives payments in excess of such Xxxxxx’s its pro rata share of the Company’s 's payments to the holders of all of the 2011 Notes, then the Holder shall hold in trust all such excess payments for the benefit of the holders of all the other Notes, 2011 Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Pari Passu Notes. The Holder acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount principal amount of this Note, Note and all accrued and unpaid Interest, interest hereon shall be pari passu in right of payment and in all other respects (other than with respect to the priority of any security interest in the assets of the Company) to the other Notes. In the event that the Holder receives payments in excess of such Xxxxxxthe Holder’s pro rata share of the Company’s payments to the holders of all of the Notes, then the Holder shall hold in trust all such excess payments for the benefit of the holders of all the other Notes, as the case may be, and shall pay such amounts held in trust to such other holders Holders upon demand by such holders.

Pari Passu Notes. The Holder Lender acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount principal amount of this Note, and all accrued and unpaid Interest, interest on this Note shall be pari passu in right of payment and in all other respects (other than with respect to the priority of any security interest in the assets of the Company) to the other Notes issued pursuant to the Purchase Agreement and the Existing NPA, or pursuant to the terms of such Notes. In the event that the Holder Lender receives payments in excess of such Xxxxxx’s its pro rata share of the Company’s payments to the holders of all of the Notes, then the Holder Lender shall hold in trust all such excess payments for the benefit of the holders of all the other Notes, Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Pari Passu Notes. The Holder acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount principal amount of this Note, Note and all accrued and unpaid Interest, interest hereon shall be pari passu in right of payment and in all other respects (other than with respect to the priority of any security interest in the assets of the Company) to the other Notes. In the event that the Holder receives payments in excess of such Xxxxxx’s its pro rata share of the Company’s payments to the holders holder of the Holders of all of the other Notes, then the Holder shall hold in trust all such excess payments for the benefit of the holders Holders of all the other Notes, Notes and shall pay such amounts held in trust to the holder of such other holders Holders of the other Notes upon demand by the holder of such holdersHolders of the other Notes, as applicable.

Pari Passu Notes. The Holder acknowledges and agrees that the payment of all or any portion of the outstanding Principal Amount principal amount of this Note, Note and all accrued and unpaid Interest, interest hereon shall be pari passu in right of payment and in all other respects (other than with respect to the priority of any security interest in the assets of the Company) to the other Notes issued pursuant to the Securities Purchase Agreement or pursuant to the terms of such Notes. In the event that the Holder receives payments in excess of such Xxxxxx’s its pro rata share of the Company’s payments to the holders of all of the Notes, then the Holder shall hold in trust all such excess payments for the benefit of the holders of all the other Notes, Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.