Common use of Ranking of Notes Clause in Contracts

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be Company is senior to, to or ranks pari passu with, with the Notes in right of payment, whether with respect to of payment or of redemptions, interest, damages, damages or upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except as disclosed in Schedule 3(vv), no Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwiseotherwise (other than Indebtedness secured by Permitted Liens (as defined in the Notes)).

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be Company or any of its Subsidiaries is senior to, or pari passu with, to the Notes in right of payment, whether with respect to of payment or of redemptions, interest, damages, damages or upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the as of any Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except as disclosed on Schedule 3(vv), no Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be Company or any of its Subsidiaries is senior to, to or ranks pari passu with, with the Notes in right of payment, whether with respect to of payment or of redemptions, interest, damages, damages or upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except as set forth on Schedule 3(vv), no Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, to the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise, unless waived by the Buyers.

Ranking of Notes. No Indebtedness of the Company, at the each Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the such Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwiseotherwise (other than Indebtedness secured by Permitted Liens (as defined in the Notes)).

Ranking of Notes. No Indebtedness of the Company, at the such Closing, will be senior to, or pari passu with, to the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwiseotherwise (other than Indebtedness secured by Permitted Liens (as defined in the Notes)).

Ranking of Notes. No Indebtedness of the Company, at the Closing, Company will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except as set forth on Schedule 3(aa), no Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, to the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the any Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwiseotherwise (other than Permitted Indebtedness (as defined in the Notes) secured by Permitted Liens (as defined in the Notes)).

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwiseotherwise (other than the Tranche A Notes and other Permitted Indebtedness (as defined in the Notes) secured by Permitted Liens (as defined in the Notes)).

Ranking of Notes. No Indebtedness of the Company, at as of the ClosingClosing Date, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, to the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except as set forth on Schedule 3.1(ii), no Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise, other than the August Notes.

Ranking of Notes. No Indebtedness of the Company, except for such Indebtedness as set forth in Schedule 3(q), at the Closing, will shall be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the such Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwiseotherwise other than Permitted Indebtedness (as defined in the Notes) secured by Permitted Liens (as defined in the Notes).

Ranking of Notes. No Except as specifically noted in the Company’s public filings with the SEC, no Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwiseotherwise (other than Indebtedness secured by Permitted Liens (as defined in the Notes)).

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be Company is senior to, or pari passu with, to the Notes in right of payment, whether with respect to the payment or of principal, redemptions, interest, damages, damages or upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except for Indebtedness that will be cancelled at the Initial Closing, no Indebtedness of the Company, at the Closing, will be Company is senior to, to or ranks pari passu with, with the Notes in right of payment, whether with respect to of payment or of redemptions, interest, damages, damages or upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the such Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwiseotherwise (other than Permitted Indebtedness (as defined in the Notes) secured by Permitted Liens (as defined in the Notes)).

Ranking of Notes. No Indebtedness of the Company, at the such Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.otherwise (other than Indebtedness secured by Permitted Liens (as defined in the Notes)). (uu)

Ranking of Notes. No Except as set forth on Schedule 3(nn), no Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except as set forth on Schedule 3(qq), no Indebtedness of the Company, at the such Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise, other than the December Notes and the February Notes.

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise, except for Permitted Indebtedness secured by Permitted Liens.

Ranking of Notes. No Except as set forth on Schedule 3(rr), no Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the CompanyCompany or any of the Subsidiaries, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwiseotherwise (except Permitted Indebtedness (as defined in the Note) or Permitted Additional Indebtedness (as defined in the Note)).

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of paymentpayment or security, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Other than as set forth in Schedule 3(vv), no Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No At the Closing, the Notes will rank senior all other Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes Company in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwiseotherwise except with respect to capital leases and other indebtedness incurred by the Company in the ordinary course of business .

Ranking of Notes. No Indebtedness indebtedness of the Company, at the Closing, will be senior toto the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise. Except for the 2015 Convertible Notes, no indebtedness of the Company, at the Closing, will be pari passu with, to the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except as set forth in Schedule 3.1(pp), no Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of paymentNotes, whether with respect to priority of security interest, payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise; provided, however, that the STI Note shall be pari passu with the Notes to the extent provided for in the Subordination Agreement.

Ranking of Notes. No Except as set forth on Schedule 3(mm), no Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except as set forth on Schedule 3(tt) hereto, no Indebtedness of the Company, at the such Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the ClosingClosing (other than the Existing Note), will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except with respect to the Permitted Senior Indebtedness (as defined in the Notes), no Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except as set forth in Section 3(s) hereof, no Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except as set forth in Schedule 3(vv), no Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be senior to, or pari passu withwith (other than the 2019 Notes, which shall rank pari passu with the Notes), the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwiseotherwise (other than the PPP Loan or Indebtedness secured by Permitted Liens (as defined in the Notes)).

Ranking of Notes. Except with respect to the Synthesis Debt, No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except as set forth in Schedule 3(ss), no Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except as disclosed on Schedule 3(tt), no Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except as disclosed on Schedule 3 (vv), no Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except as disclosed in Schedule 4.40, no Indebtedness of the Company, at the Closing, Company will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Other than Permitted Senior Indebtedness , no Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except as set forth on Schedule 3(uu), no Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except as set forth on Schedule 3(mm), no Indebtedness of the CompanyCompany or any of the Subsidiaries, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the Closing, will shall be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise, other than the August Notes and the November Notes (except with respect to the Collateral (as defined in the Series B-1 Notes) securing the Restricted Principal under the Series B-1 Notes).

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwiseotherwise (other than the PPP Loan or Indebtedness secured by Permitted Liens (as defined in the Notes)).

Ranking of Notes. No Indebtedness of the Company, at the Closing, Closing (i) will be senior to, or to the Notes in right of payment and (ii) other than Permitted Indebtedness (excluding Permitted Indebtedness described in clause (ix) thereof) will be pari passu with, with the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except for Permitted Senior Indebtedness (as defined in the Notes), no Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except as set forth on Schedule 3(pp), no Indebtedness of the Company, at the applicable Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except as set forth on Schedule 3(ss) attached hereto, no Indebtedness of the Company, at the Closing, will shall be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Except for Permitted Senior Indebtedness, no Indebtedness of the Company, at as of the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. Except as set forth on Schedule 3(tt), the Company has no Indebtedness. No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

Ranking of Notes. No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise, other than the November Notes and the January Notes (except with respect to the Collateral (as defined in the Notes) securing the Restricted Principal under the Notes).