Common use of Pari Passu Notes Clause in Contracts

Pari Passu Notes. Holder 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 Note Purchase Agreement or pursuant to the terms of such Notes. In the event Holder receives payments in excess of its pro rata share of the Company's payments to the holders of all of the Notes, then such Holder 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 holders upon demand by such holders.

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement (Biomarin Pharmaceutical Inc), Convertible Note Purchase Agreement (Biomarin Pharmaceutical Inc)

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Pari Passu Notes. Holder 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 in the Note Purchase Agreement Private Offering or pursuant to the terms of such Notes. In the event Holder receives payments in excess of its pro rata share of the Company's payments to the holders of all of the Notes, then such Holder 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 holders upon demand by such holdersHolders.

Appears in 1 contract

Samples: Convertible Note Agreement (Team Communication Group Inc)

Pari Passu Notes. Holder 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 in the Note Purchase Agreement Private Offering or pursuant to the terms of such Notes. In the event Holder receives payments in excess of its pro rata share of the Company's payments to the holders of all of the Notes, then such Holder 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 holders upon demand by such other holders.

Appears in 1 contract

Samples: Convertible Note Agreement (Deltapoint Inc)

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Pari Passu Notes. Holder acknowledges and agrees that the payment of ---------------- all or any portion of the outstanding principal amount of this Note and all interest hereon hereof shall be pari passu in right of payment and in all other respects to the other Notes issued pursuant to the Note Purchase Agreement or pursuant to the terms of such Notes. In the event Holder receives payments in excess of its pro rata share of the Company's payments to the holders of all of the Notes, then such Holder 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 holders upon demand by such holders.

Appears in 1 contract

Samples: Note and Stock Purchase Agreement (Horizon Organic Holding Corp)

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