Common use of Pro Rata Payment Clause in Contracts

Pro Rata Payment. Except as otherwise expressly provided in this Note, all payments to the holders of the Notes (whether for principal, interest or otherwise) shall be made pro rata among such holders based upon the aggregate unpaid principal amount of the Notes held by each such holder. If any holder of a Note obtains any payment (whether voluntary, involuntary, by application of offset or otherwise) of principal, interest or other amount with respect to any Note in excess of such holder’s pro rata share of such payments obtained by all holders of the Notes (other than as expressly provided herein), by acceptance of a Note each such holder agrees to purchase from the other holders of the Notes a participation in the Notes held by them as is necessary to cause such holders to share the excess payment ratably among each of them as provided in this paragraph.

Appears in 3 contracts

Samples: Note Purchase Agreement (Healthessentials Solutions Inc), Note Purchase Agreement (Healthessentials Solutions Inc), Note Purchase Agreement (Healthessentials Solutions Inc)

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Pro Rata Payment. Except as otherwise expressly provided in this Note, all payments to the holders of the Notes Note (whether for principal, interest or otherwise) shall be made pro rata among such holders based upon the aggregate unpaid principal amount of the Notes Note held by each such holder. If any holder of a the Note obtains any payment (whether voluntary, involuntary, by application of offset or otherwise) of principal, interest or other amount with respect to any the Note in excess of such the holder’s pro rata share of such payments obtained by all holders of the Notes (other than as expressly provided herein), then the holder, by acceptance of a Note each such holder the Note, agrees to purchase from the other holders of the Notes Note a participation in the Notes Note held by them as is necessary to cause such the other holders to share the excess payment ratably among each of them as provided in this paragraph.

Appears in 2 contracts

Samples: Convertible Senior Subordinated Note Purchase Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Convertible Senior Subordinated Note Purchase Agreement (Quantum Fuel Systems Technologies Worldwide Inc)

Pro Rata Payment. Except as otherwise expressly provided in this Note, all payments to the holders of the Notes (whether for principal, interest or otherwise) shall be made pro rata among such holders based upon the aggregate unpaid principal amount of the Notes held by each such holder. If any holder of a Note obtains any payment (whether voluntary, involuntary, by application of offset or otherwise) of principal, interest or other amount with respect to any Note in excess of such holder’s 's pro rata share of such payments obtained by all holders of the Notes (other than as expressly provided herein), by acceptance of a Note Note, each such holder of a Note agrees to purchase from the other holders of the Notes a participation in the Notes held by them such other holders of the Notes as is necessary to cause such holders to share the excess payment ratably among each of them as provided in this paragraph.

Appears in 1 contract

Samples: Securities Purchase Agreement (Covol Technologies Inc)

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Pro Rata Payment. Except as otherwise expressly provided for in this Notethe Notes, all payments to the holders of the Notes (whether for principal, interest or otherwiseother amounts thereon) shall be made pro rata among such holders based upon the aggregate unpaid principal amount of the Notes held by each such holder. If any holder of a Note obtains any payment (whether voluntary, involuntary, by application of offset or otherwise) of principal, interest or other amount with respect to any Note in excess of such holder’s pro rata share of such payments obtained by all holders of the Notes (other than as expressly provided hereinin the Notes), by acceptance of a Note Note, each such holder agrees to purchase from the other holders of the Notes a such participation in the Notes held by them as is necessary to cause such holders to share the excess payment ratably among each of them as provided in this paragraphSection 3(b).

Appears in 1 contract

Samples: Securities Purchase Agreement (Boise Cascade Holdings, L.L.C.)

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