Rank. All payments due under this Note (a) shall rank pari passu with all Other Notes and (b) shall be senior to all other Indebtedness of the Company (excluding any other Permitted Indebtedness of the Company).
Appears in 4 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Pacific Ethanol, Inc.), Note Purchase Agreement (Pacific Ethanol, Inc.)
Rank. All payments due under this Note (a) shall rank pari passu with all Other Notes and (b) shall be senior to all other Indebtedness of the Company (excluding any other Permitted Indebtedness of the Company)and its subsidiaries.
Appears in 4 contracts
Samples: Agreement for Amendment to Series a and Series B Warrants (Repros Therapeutics Inc.), Agreement for Amendment to Series a and Series B Warrants (Repros Therapeutics Inc.), Agreement for Amendment to Series a and Series B Warrants (Repros Therapeutics Inc.)
Rank. All payments due under this Note (a) shall rank pari passu with all Other Notes and the Permitted Pari Passu Indebtedness and (b) shall be senior to all other Indebtedness of the Company (excluding any and its Subsidiaries other than Permitted Indebtedness of the Company)Senior Indebtedness.
Appears in 4 contracts
Samples: Senior Note Agreement (Ener1 Inc), Senior Note Agreement (Ener1 Inc), Senior Note Agreement (Ener1 Inc)
Rank. All payments due under this Note shall (ai) shall rank pari passu with all Other Notes and (bii) shall be senior to all other Indebtedness of the Company (excluding any other Permitted Indebtedness of and its Subsidiaries except for such debt that is set forth in Schedule 3(q) to the Company)Securities Purchase Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (TNL Mediagene), Securities Purchase Agreement (Blue Ocean Acquisition Corp), Securities Purchase Agreement (TNL Mediagene)
Rank. All payments due under this Note Debenture (a) shall rank pari passu with all Other Notes Debentures and (b) shall be senior to all other Indebtedness of the Company (excluding any and its Subsidiaries other than Permitted Indebtedness of the Company)Senior Indebtedness.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Baxano Surgical, Inc.), Securities Purchase Agreement (Baxano Surgical, Inc.)
Rank. All payments due under this Note (ai) shall rank pari passu with all Other Notes and (bii) shall be senior to all other Indebtedness of the Company (excluding any and its Subsidiaries other Permitted Indebtedness than the obligations of the Company)Company or its Subsidiaries under any lease of real or personal property by such Person as lessee which is required under GAAP to be capitalized on such Person's balance sheet and Indebtedness permitted by clause (iv) of the definition of “Permitted Lien.”
Appears in 2 contracts
Samples: Securities Purchase Agreement (Security Devices International Inc.), Trust Indenture (Security Devices International Inc.)
Rank. All payments due under this Note (a) shall rank pari passu with all Other Notes and (b) shall be senior to all other Indebtedness of the Company (excluding any and its Subsidiaries, other than Permitted Indebtedness of the Company)Indebtedness.
Appears in 2 contracts
Samples: Convertible Security Agreement (Panacea Life Sciences Holdings, Inc.), Convertible Security Agreement (Panacea Life Sciences Holdings, Inc.)
Rank. All payments due under this Note (a) shall rank pari passu with all Other other Notes and (b) shall be senior to all other Indebtedness indebtedness of the Company (excluding any other Permitted Indebtedness of the Company)Maker.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ideal Power Inc.), Senior Secured Convertible Promissory Note (Ideal Power Inc.)
Rank. All payments due under this Note (a) shall rank pari passu with all Other Notes and (b) shall be senior to all other Indebtedness of the Company and its Subsidiaries (excluding any other than Permitted Indebtedness of the CompanySenior Indebtedness).
Appears in 2 contracts
Samples: Securities Purchase Agreement (American Superconductor Corp /De/), Subordination Agreement (Ads in Motion, Inc.)
Rank. All payments due under this Note (ai) shall rank pari passu with all Other Notes and (bii) shall be senior to all other Indebtedness of the Company (excluding any other Permitted and its Subsidiaries except for Indebtedness described in Section 28(bb)(iv) of the Company)this Note.
Appears in 1 contract
Samples: Securities Purchase Agreement (Crumbs Bake Shop, Inc.)
Rank. All payments due under this Note (a) shall rank pari passu with all Other Notes and (b) shall be senior to all other Indebtedness existing and future Debt of the Company (excluding any other Permitted Indebtedness of the Company)Borrower.
Appears in 1 contract
Rank. All payments due under this Note (ai) shall rank pari passu with all Other Notes and (bii) shall be senior to all other Indebtedness of the Company (excluding any and its Subsidiaries other than Permitted Indebtedness of the Company)Senior Indebtedness.
Appears in 1 contract
Samples: Security Agreement (Streamline Health Solutions Inc.)
Rank. All payments due under this Note (a) shall rank pari passu with all Other Notes (as defined in the Securities Purchase Agreement), if any, and (b) shall be senior to all other Indebtedness of the Company and its Subsidiaries (excluding any other than Permitted Indebtedness of the Companysecured by Permitted Liens).
Appears in 1 contract
Rank. All payments due under this Note (a) shall rank pari passu with all Other Notes and (b) shall be senior to all other Indebtedness of the Company (excluding any and its Subsidiaries, other than Permitted Indebtedness of the Company(as defined below).
Appears in 1 contract
Rank. All payments due under this Note (ai) shall rank pari passu with all Other other Notes and as set forth in Section 15, (bii) shall be senior to all other Indebtedness of the Company (excluding any other Permitted Indebtedness indebtedness of the Company), other than Senior Indebtedness, and (iii) junior to all Senior Indebtedness.
Appears in 1 contract
Samples: Termination Agreement (Inuvo, Inc.)
Rank. All payments due under this Note (ai) shall rank pari passu with all Other Notes Notes, (ii) junior to Permitted Senior Indebtedness and any Liens securing such Permitted Senior Indebtedness and (biii) shall be senior to all other Indebtedness of the Company (excluding any other Permitted Indebtedness of the Company)and its Subsidiaries.
Appears in 1 contract
Samples: Securities Purchase Agreement (Adagio Medical Holdings, Inc.)
Rank. All payments due under this Note (aA) shall rank pari passu with all Other Notes and (bB) shall be senior to all other Indebtedness of the Company (excluding any and its Subsidiaries, other than Permitted Indebtedness of the Company)Senior Indebtedness.
Appears in 1 contract
Samples: Securities Purchase Agreement (Rancher Energy Corp.)
Rank. All payments due under this Note (a) shall rank pari passu with all Other Notes and (b) shall be senior to all other Indebtedness of the Company (excluding any and its Subsidiaries other than Permitted Indebtedness of the Company)Indebtedness.
Appears in 1 contract
Samples: Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.)
Rank. All payments due under this Note (a) shall rank pari passu with all Other Notes and (b) shall be senior to all other Indebtedness of the Company and its Subsidiaries in right of payment (excluding any other than Permitted Indebtedness of the CompanySenior Indebtedness).
Appears in 1 contract
Samples: Securities Purchase Agreement (Sundial Growers Inc.)
Rank. All payments due under this Note shall (a) shall rank pari passu with all Other Notes Notes, and (b) shall be senior to all other Indebtedness of the Company (excluding any other Permitted Indebtedness of and its Subsidiaries, except for the Company)Senior Debt.
Appears in 1 contract
Samples: Convertible Note Agreement (Healthcare Corp of America)
Rank. All payments due under this Note (a) shall rank pari passu with all Other Notes and Additional Notes and (b) shall be senior to all other Indebtedness of the Company (excluding any other Permitted Indebtedness of the Company)and its Subsidiaries.
Appears in 1 contract
Rank. All payments due under this Note (ai) shall rank pari passu with all Other Notes and (bii) shall be senior to all other Indebtedness of the Company (excluding any other Permitted Indebtedness of the Company)and its Subsidiaries.
Appears in 1 contract
Rank. All payments due under this Note (a) shall rank pari passu with all Other Notes and (b) shall be senior to all other Indebtedness of the Company (excluding any and its Subsidiaries in right of payment other than Permitted Indebtedness of the Company)secured by Permitted Liens.
Appears in 1 contract
Samples: Securities Purchase Agreement (Rock Creek Pharmaceuticals, Inc.)
Rank. All payments due under this Note (ai) shall rank pari passu with all Other Notes and the Additional Notes and (bii) shall be senior to all other Indebtedness of the Company (excluding any other Permitted Indebtedness of the Company)and its Subsidiaries.
Appears in 1 contract
Samples: Agreement of Merger and Plan of Reorganization (Eon Communications Corp)
Rank. All payments due under this Note (a) shall rank pari passu with all Other Notes and any Additional Notes (as defined in the Securities Purchase Agreement), if any, and (b) shall be senior to all other Indebtedness of the Company and its Subsidiaries (excluding any other than Permitted Indebtedness of the Companysecured by Permitted Liens).
Appears in 1 contract
Samples: Securities Purchase Agreement (EF Hutton Acquisition Corp I)
Rank. All payments due under this Note (a) shall rank pari passu with all Other Notes and the Additional Notes (as defined in the Stockholders’ Agreement)and (b) shall be senior to all other Indebtedness of the Company (excluding any other Permitted Indebtedness of the Company).
Appears in 1 contract
Rank. All payments due under this Note (ai) shall rank pari passu with all Other Notes of the other Notes, and (bii) shall be senior to all other Indebtedness of the Company (excluding any other Permitted Indebtedness of the Company)and its Subsidiaries.
Appears in 1 contract
Rank. All The Company shall designate all payments due under this Note as senior unsecured Indebtedness, and (a) the Notes shall rank pari passu with all Other Notes and (b) shall be senior to at least pari passu in right of payment with all other Indebtedness of the Company (excluding any other Permitted Indebtedness of the Company)and its Subsidiaries.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ondas Holdings Inc.)
Rank. All payments due under this Note (a) shall rank be pari passu with all Other Notes other senior indebtedness of the Company, and (b) shall be senior to all other Indebtedness indebtedness of the Company (excluding any other Permitted Indebtedness that, by the express terms of the Company)such indebtedness, is subordinated to this Note.
Appears in 1 contract
Rank. All payments due under this Convertible Note (a) shall rank pari passu with all Other Additional Convertible Notes and other Permitted Senior Indebtedness and (b) shall be senior to all other Indebtedness of the Company (excluding any and its Subsidiaries other Permitted Indebtedness of than the Company)Stonehouse Payments.
Appears in 1 contract
