Common use of Pari Passu Notes Clause in Contracts

Pari Passu Notes. Lender acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon shall be pari passu in right of payment and in all other respects to the other Notes issued pursuant to the Purchase Agreement or pursuant to the terms of such Notes. In the event Lender receives payments in excess of its pro rata share of the Company’s payments to the holders of all of the Notes, then Lender shall hold in trust all such excess payments for the benefit of the holders of the other Notes and shall pay such amounts held in trust to such other lenders upon demand by such lenders.

Appears in 3 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement (Capstone Therapeutics Corp.), Note Purchase Agreement

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Pari Passu Notes. Lender Xxxxxx acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon shall be pari passu in right of payment and in all other respects to the other Notes issued pursuant to the Purchase Agreement or pursuant to the terms of such Notes. In the event Lender receives payments in excess of its pro rata share of the Company’s payments to the holders of all of the Notes, then Lender shall hold in trust all such excess payments for the benefit of the holders of the other Notes and shall pay such amounts held in trust to such other lenders upon demand by such lenders.

Appears in 1 contract

Samples: Note Purchase Agreement

Pari Passu Notes. The Lender acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon on this Note shall be pari passu in right of payment and in all other respects to the other Notes issued pursuant to the Purchase Agreement or pursuant to the terms of such Notes. In the event the Lender receives payments in excess of its pro rata share of the Company’s payments to the holders of all of the Notes, then the Lender shall hold in trust all such excess payments for the benefit of the holders of the other Notes and shall pay such amounts held in trust to such other lenders holders upon demand by such lendersholders.

Appears in 1 contract

Samples: Note Purchase Agreement (Soliton, Inc.)

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Pari Passu Notes. The Lender acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon on this Note shall be pari passu in right of payment and in all other respects 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 the Lender receives payments in excess of its pro rata share of the Company’s payments to the holders of all of the Notes, then the Lender shall hold in trust all such excess payments for the benefit of the holders of the other Notes and shall pay such amounts held in trust to such other lenders holders upon demand by such lendersholders.

Appears in 1 contract

Samples: Note Purchase Agreement (Soliton, Inc.)

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