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 and its Subsidiaries other than Permitted Senior Indebtedness.
Appears in 4 contracts
Sources: Senior Note Agreement (Ener1 Inc), Senior Note Agreement (Ener1 Inc), Senior Note Agreement (Ener1 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 and its Subsidiaries other than Permitted Senior Indebtednesssubsidiaries.
Appears in 4 contracts
Sources: 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 and its Subsidiaries (excluding any other than Permitted Senior IndebtednessIndebtedness of the Company).
Appears in 4 contracts
Sources: 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 the Permitted Pari Passu Indebtedness and (b) shall be senior to all other Indebtedness of the Company and its Subsidiaries (other than Permitted Senior Indebtedness).
Appears in 2 contracts
Sources: Securities Purchase Agreement (American Superconductor Corp /De/), Subordination Agreement (Ads in Motion, 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 and its Subsidiaries Subsidiaries, other than Permitted Senior Indebtedness.
Appears in 2 contracts
Sources: Convertible Security Agreement (Panacea Life Sciences Holdings, Inc.), Convertible Security Agreement (Panacea Life Sciences Holdings, Inc.)
Rank. All payments due under this Note (ai) shall rank pari passu with all Other Notes and the Permitted Pari Passu Indebtedness and (bii) shall be senior to all other Indebtedness of the Company and its Subsidiaries other than the obligations of the 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 βPermitted Senior IndebtednessLien.β
Appears in 2 contracts
Sources: Securities Purchase Agreement (Security Devices International Inc.), Trust Indenture (Security Devices International Inc.)
Rank. All payments due under this Note Debenture (a) shall rank pari passu with all Other Notes and the Permitted Pari Passu Indebtedness Debentures and (b) shall be senior to all other Indebtedness of the Company and its Subsidiaries other than Permitted Senior Indebtedness.
Appears in 2 contracts
Sources: 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 other Notes and the Permitted Pari Passu Indebtedness and as set forth in Section 15, (bii) shall be senior to all other Indebtedness indebtedness of the Company and its Subsidiaries Company, other than Permitted Senior Indebtedness, and (iii) junior to all Senior Indebtedness.
Appears in 1 contract
Sources: Termination Agreement (Inuvo, 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 and its Subsidiaries Subsidiaries, other than Permitted Senior IndebtednessIndebtedness (as defined below).
Appears in 1 contract
Rank. All payments due under this Note (ai) shall rank pari passu with all Other Notes and the Permitted Pari Passu Indebtedness Additional Notes and (bii) shall be senior to all other Indebtedness of the Company and its Subsidiaries other than Permitted Senior IndebtednessSubsidiaries.
Appears in 1 contract
Sources: Agreement of Merger and Plan of Reorganization (Eon Communications Corp)
Rank. All payments due under this Note (ai) shall rank pari passu with all Other Notes and the Permitted Pari Passu Indebtedness and (bii) shall be senior to all other Indebtedness of the Company and its Subsidiaries other than Permitted Senior Indebtednessexcept for Indebtedness described in Section 28(bb)(iv) of this Note.
Appears in 1 contract
Sources: Securities Purchase Agreement (Crumbs Bake Shop, 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 the Permitted Pari Passu Indebtedness and (b) shall be senior to all other Indebtedness indebtedness of the Company and its Subsidiaries other than Permitted Senior Indebtednessthat, by the express terms of 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 the other Permitted Pari Passu Senior Indebtedness and (b) shall be senior to all other Indebtedness of the Company and its Subsidiaries other than Permitted Senior Indebtednessthe Stonehouse Payments.
Appears in 1 contract
Rank. All payments due under this Note (ai) shall rank pari passu with all Other Notes and of the Permitted Pari Passu Indebtedness other Notes, and (bii) shall be senior to all other Indebtedness of the Company and its Subsidiaries other than Permitted Senior IndebtednessSubsidiaries.
Appears in 1 contract
Rank. All payments due under this Note (ai) shall rank pari passu with all Other Notes and the Permitted Pari Passu Indebtedness and (bii) shall be senior to all other Indebtedness of the Company and its Subsidiaries other than Permitted Senior Indebtedness.
Appears in 1 contract
Sources: Security Agreement (Streamline Health Solutions 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 the any Liens securing such Permitted Pari Passu Senior Indebtedness and (biii) shall be senior to all other Indebtedness of the Company and its Subsidiaries other than Permitted Senior IndebtednessSubsidiaries.
Appears in 1 contract
Sources: Securities Purchase Agreement (Adagio Medical Holdings, 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 and its Subsidiaries in right of payment other than Permitted Senior IndebtednessIndebtedness secured by Permitted Liens.
Appears in 1 contract
Sources: Securities Purchase Agreement (Rock Creek Pharmaceuticals, Inc.)
Rank. All payments due under this Note (a) shall rank pari passu with all Other Notes and the Permitted Pari Passu Indebtedness Additional Notes and (b) shall be senior to all other Indebtedness of the Company and its Subsidiaries other than Permitted Senior IndebtednessSubsidiaries.
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 the Permitted Pari Passu Indebtedness and (b) shall be senior to at least pari passu in right of payment with all other Indebtedness of the Company and its Subsidiaries other than Permitted Senior IndebtednessSubsidiaries.
Appears in 1 contract
Sources: Securities Purchase Agreement (Ondas Holdings Inc.)
Rank. All payments due under this Note (ai) shall rank pari passu with all Other Notes and the Permitted Pari Passu Indebtedness and (bii) shall be senior to all other Indebtedness of the Company and its Subsidiaries other than Permitted Senior IndebtednessSubsidiaries.
Appears in 1 contract
Rank. All payments due under this Note (aA) shall rank pari passu with all Other Notes and the Permitted Pari Passu Indebtedness and (bB) shall be senior to all other Indebtedness of the Company and its Subsidiaries Subsidiaries, other than Permitted Senior Indebtedness.
Appears in 1 contract
Sources: Securities Purchase Agreement (Rancher Energy Corp.)
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 and its Subsidiaries other than Permitted Senior Indebtedness.
Appears in 1 contract
Sources: 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 the Permitted Pari Passu Indebtedness and (b) shall be senior to all other Indebtedness of the Company and its Subsidiaries in right of payment (other than Permitted Senior Indebtedness).
Appears in 1 contract
Sources: Securities Purchase Agreement (Sundial Growers Inc.)
Rank. All payments due under this Note shall (a) shall rank pari passu with all Other Notes and the Permitted Pari Passu Indebtedness Notes, and (b) shall be senior to all other Indebtedness of the Company and its Subsidiaries other than Permitted Subsidiaries, except for the Senior IndebtednessDebt.
Appears in 1 contract
Sources: Convertible Note Agreement (Healthcare Corp of America)