Common use of Ranking of Notes Clause in Contracts

Ranking of Notes. No Indebtedness of the Company or any of its Subsidiaries is senior to the Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise. Except as set forth on Schedule 3(y), no Indebtedness of the Company or any of its Subsidiaries is pari passu with the Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Clearwire Corp), Securities Purchase Agreement (Clearwire Corp)

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Ranking of Notes. No Indebtedness of the Company or any of its Subsidiaries is senior to or, except for Permitted Indebtedness (as defined in the Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise. Except as Notes) set forth on Schedule 3(yin clauses (i), no Indebtedness (ii), (iv) and (v) of the Company or any of its Subsidiaries is such definition, ranks pari passu with the Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cryptyde, Inc.)

Ranking of Notes. No Indebtedness of the Company or any of its the Company’s Subsidiaries is senior to the Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise. Except as set forth on Schedule 3(y), no Indebtedness of the Company or any of its Subsidiaries is pari passu with the Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cheetah Oil & Gas Ltd.)

Ranking of Notes. No Indebtedness of the Company or any of its Subsidiaries is senior to the Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise. Except as set forth on Schedule 3(y), no No Indebtedness of the Company that is held by one or any more Subsidiaries of its Subsidiaries the Company is senior or pari passu with the Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.

Appears in 1 contract

Samples: Securities Purchase Agreement (Banro Corp)

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Ranking of Notes. No Indebtedness of the Company or any of its Subsidiaries is senior to the Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise. Except The Holders acknowledge that their rights under the Second Lien Obligations will rank second as set forth on Schedule 3(y), no Indebtedness to priority of payment and lien priority to the rights of the Company or any of its Subsidiaries is pari passu with First Lien Noteholders under the Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwiseFirst Lien Obligations for so long as such First Lien Obligations remain outstanding.

Appears in 1 contract

Samples: Note Purchase Agreement (NextWave Wireless Inc.)

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