Ranking and Covenants. (a) Except as permitted in Section 4.10(a) of the Purchase Agreement, (i) no Indebtedness of the Company is senior to or on a parity with this Note in right of payment, whether with respect to interest, damages or upon liquidation or dissolution or otherwise, and (ii) the Company will not, and will not permit any Subsidiary to, directly or indirectly, enter into, create, incur, assume or suffer to exist any Indebtedness of any kind, on or with respect to any of its property or assets now owned or hereafter acquired or any interest therein or any income or profits therefrom.
Appears in 5 contracts
Samples: Ace Comm Corp, Ace Comm Corp, Irvine Sensors Corp/De/
Ranking and Covenants. (a) Except for Permitted Indebtedness (as permitted defined in Section 4.10(a) of the Purchase Agreement, ) (i) no Indebtedness of the Company is senior to or on a parity with this Note in right of payment, whether with respect to interest, damages or upon liquidation or dissolution or otherwise, and (ii) the Company will not, and will not permit any Subsidiary to, directly or indirectly, enter into, create, incur, assume or suffer to exist any Indebtedness of any kind, on or with respect to any of its property or assets now owned or hereafter acquired or any interest therein or any income or profits therefrom.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Internet Commerce Corp), Securities Purchase Agreement (Easylink Services International Corp)
Ranking and Covenants. (a) Except for Permitted Indebtedness (as permitted defined in Section 4.10(a4.8(a) of the Purchase Agreement, ) (i) no Indebtedness of the Company is senior to or on a parity with this Note in right of payment, whether with respect to interest, damages or upon liquidation or dissolution or otherwise, and (ii) the Company will not, and will not permit any Subsidiary to, directly or indirectly, enter into, create, incur, assume or suffer to exist any Indebtedness of any kind, on or with respect to any of its property or assets now owned or hereafter acquired or any interest therein or any income or profits therefrom.
Appears in 1 contract
Samples: Internet Commerce Corp