Common use of Ranking of Notes Clause in Contracts

Ranking of Notes. Except as set forth on Schedule 3(cc), no Indebtedness of the Company is senior to or 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 13 contracts

Samples: Securities Purchase Agreement (Image Entertainment Inc), Securities Purchase Agreement (Cash Systems Inc), Securities Purchase Agreement (Modtech Holdings Inc)

AutoNDA by SimpleDocs

Ranking of Notes. Except as set forth on Schedule 3(cc(ee), no Indebtedness of the Company is senior to or 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 11 contracts

Samples: Securities Purchase Agreement (Earth Biofuels Inc), Securities Purchase Agreement (Vcampus Corp), Securities Purchase Agreement (House of Taylor Jewelry, Inc.)

Ranking of Notes. Except as set forth on in Schedule 3(cc3(ee), no Indebtedness of the Company or any of its Subsidiaries is senior to or 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 10 contracts

Samples: Securities Purchase Agreement (GT Biopharma, Inc.), Securities Purchase Agreement (Axion Power International, Inc.), Securities Purchase Agreement (Net Element, Inc.)

Ranking of Notes. Except as set forth on Schedule 3(cc3(ee), no Indebtedness of the Company is senior to or 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 10 contracts

Samples: Securities Purchase Agreement (Genesis Biopharma, Inc), Securities Purchase Agreement (Applied Dna Sciences Inc), Securities Purchase Agreement (Clearly Canadian Beverage Corp)

Ranking of Notes. Except as set forth on in Schedule 3(cc3(dd), no Indebtedness of the Company or any of its Subsidiaries is senior to or 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 9 contracts

Samples: Securities Purchase Agreement (Ener-Core, Inc.), Securities Purchase Agreement (Ener-Core, Inc.), Securities Purchase Agreement (Ener-Core, Inc.)

Ranking of Notes. Except as set forth on Schedule 3(cc3(dd), no Indebtedness of the Company is senior to or 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 5 contracts

Samples: Note Purchase Agreement (Alpha Energy Inc), Note Purchase Agreement (Alpha Energy Inc), Note Purchase Agreement (Alpha Energy Inc)

Ranking of Notes. Except as set forth on in Schedule 3(cc3(ee), no Indebtedness of the Company is senior to or 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 3 contracts

Samples: Securities Purchase Agreement (RADIENT PHARMACEUTICALS Corp), Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.), Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.)

Ranking of Notes. Except as set forth on Schedule 3(cc(cc), no Indebtedness of the Company is senior to or 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 3 contracts

Samples: Securities Purchase Agreement (Wet Seal Inc), Securities Purchase Agreement (Composite Technology Corp), Securities Purchase Agreement (Composite Technology Corp)

Ranking of Notes. Except as set forth disclosed on Schedule 3(cc3(ee), no Indebtedness of the Company or any of its Subsidiaries is senior to or 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 3 contracts

Samples: Securities Purchase Agreement (Enerpulse Technologies, Inc.), Securities Purchase Agreement (Enerpulse Technologies, Inc.), Securities Purchase Agreement (Enerpulse Technologies, Inc.)

Ranking of Notes. Except as set forth disclosed on Schedule 3(cc), no Indebtedness of the Company is senior to or 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 3 contracts

Samples: Securities Purchase Agreement (Microvision Inc), Securities Purchase Agreement (Microvision Inc), Securities Purchase Agreement (Microvision Inc)

Ranking of Notes. Except as set forth on Schedule 3(cc2.1(nn), no Indebtedness of the Company is senior to or 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 2 contracts

Samples: Securities Purchase Agreement (Ener1 Inc), Securities Purchase Agreement (Ener1 Inc)

Ranking of Notes. Except as set forth on Schedule 3(cc3(ff), no Indebtedness of the Company is senior to or 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 2 contracts

Samples: Securities Purchase Agreement (SouthPeak Interactive CORP), Securities Purchase Agreement (SouthPeak Interactive CORP)

Ranking of Notes. Except as set forth on Schedule 3(cc3(ee), no Indebtedness of the Company Company, other than Permitted Pari Passu Indebtedness, is senior to or 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 2 contracts

Samples: Securities Purchase Agreement (I Many Inc), Securities Purchase Agreement (I Many Inc)

Ranking of Notes. Except as set forth on Schedule 3(cc3(z) (the "Senior Indebtedness"), no Indebtedness of the Company is senior to or 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 2 contracts

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

Ranking of Notes. Except as set forth on Schedule 3(cc)in the Notes, no Indebtedness of the Company is senior to or 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 2 contracts

Samples: Securities Purchase Agreement (Adcare Health Systems Inc), Securities Purchase Agreement (Adcare Health Systems Inc)

Ranking of Notes. Except Other than as set forth on in Schedule 3(cc3(ee), no Indebtedness of the Company or any of its Subsidiaries is senior to or 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 2 contracts

Samples: Securities Purchase Agreement (A123 Systems, Inc.), Securities Purchase Agreement (A123 Systems, Inc.)

Ranking of Notes. Except as set forth on in Schedule 3(cc)3(dd) to this Agreement and except as provided in the Notes and the other Transaction Documents, no Indebtedness of the Company is senior to or 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 2 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement (Quest Patent Research Corp)

Ranking of Notes. Except as set forth on in Schedule 3(cc)3(dd) or as otherwise permitted in the Transaction Documents, no Indebtedness of the Company is senior to or 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 2 contracts

Samples: Securities Purchase Agreement (Allied Defense Group Inc), Securities Purchase Agreement (Allied Defense Group Inc)

Ranking of Notes. Except as set forth on Schedule 3(cc3(ee), no Indebtedness of the Company is senior to or ranks pari passu 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 (Raptor Networks Technology Inc)

Ranking of Notes. Except as set forth on Schedule 3(cc3(v), no Indebtedness of the Company is senior to or 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 (Driftwood Ventures, Inc.)

Ranking of Notes. Except as set forth on Schedule 3(cc3(x), no Indebtedness of the Company is senior to or 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: Purchase Agreement (Mohen, Inc.)

Ranking of Notes. Except as set forth on Schedule 3(cc3(o), no Indebtedness of the Company is senior to or 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 (Agfeed Industries, Inc)

Ranking of Notes. Except as set forth on Section 1 of Schedule 3(cc3(dd), no Indebtedness of the Company is senior to or 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 (Telkonet Inc)

Ranking of Notes. Except as set forth on Schedule 3(cc3.1(q), no Indebtedness of the Company is will be senior to to, or ranks pari passu with with, the Notes in right of payment, whether with respect of to payment of or redemptions, interest, damages or damages, upon liquidation or dissolution or otherwise.

Appears in 1 contract

Samples: Note Purchase Agreement (Sotherly Hotels Lp)

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

Appears in 1 contract

Samples: Securities Purchase Agreement (Firepond, Inc.)

Ranking of Notes. Except as set forth on Schedule 3(cc(ee), no Indebtedness of the Company is senior to or 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 (Earth Biofuels Inc)

Ranking of Notes. Except as set forth on Schedule 3(cc3(mm), no Indebtedness of the Company is senior to or 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 (Minrad International, Inc.)

Ranking of Notes. Except as set forth on Schedule 3(cc(aa), no Indebtedness of the Company is senior to or 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 (Sipex Corp)

AutoNDA by SimpleDocs

Ranking of Notes. Except as set forth on in Schedule 3(cc3(oo), no Indebtedness of the Company or any of its Subsidiaries is senior to or 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 (Body Central Corp)

Ranking of Notes. Except as set forth on in Schedule 3(cc3(dd), no Indebtedness of the Company is senior to or 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 (Allied Defense Group Inc)

Ranking of Notes. Except as set forth on Schedule 3(cc), no No Indebtedness of the Company or any of its Subsidiaries is senior to to, or ranks pari passu with (other than as set forth in Schedule 3(ee)), 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 (Liquidmetal Technologies Inc)

Ranking of Notes. Except as set forth on Schedule disclosed in Section 3(cc)) to the Disclosure Schedules, no Indebtedness of the Company is senior to or 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 (Iparty Corp)

Ranking of Notes. Except as set forth on Schedule 3(cc), no Indebtedness of the Company is senior to or 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 (Verenium Corp)

Ranking of Notes. Except as set forth on Schedule 3(cc3(cc)(i), no Indebtedness of the Company is senior to or the Notes in right of payment, and except as set forth on Schedule 3(cc)(ii), no Indebtedness of the Company effectively ranks pari passu with the Notes in right of payment, in each case whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.

Appears in 1 contract

Samples: Securities Purchase Agreement (Avanex Corp)

Ranking of Notes. Except as set forth on Schedule 3(cc3.1(jj), no Indebtedness of the Company is senior to or 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 (China Biologic Products, Inc.)

Ranking of Notes. Except as set forth on Schedule 3(cc3(aa), no Indebtedness of the Company or any of its Subsidiaries is senior to or 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 (Histogenics Corp)

Ranking of Notes. Except as set forth on in Schedule 3(cc3(ii), no Indebtedness of the Company or any of its Subsidiaries is senior to or 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 (Acacia Research Corp)

Ranking of Notes. Except as set forth on Schedule 3(cc), no Indebtedness of the Company is senior to or 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, other than Permitted Secured Indebtedness.

Appears in 1 contract

Samples: Securities Purchase Agreement (Maui Land & Pineapple Co Inc)

Ranking of Notes. Except as contemplated in Section 16 of the Note or as set forth on Schedule 3(cc), no Indebtedness of the Company is senior to or ranks pari passu with the Notes 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 (Global Power Equipment Group Inc/)

Ranking of Notes. Except as set forth on Schedule 3(cc), 3 no Indebtedness of the Company is senior to or 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 (Answers CORP)

Ranking of Notes. Except as set forth on Schedule 3(cc3.1(oo), no Indebtedness of the Company is will be senior to to, or ranks pari passu with with, the Notes in right of payment, whether with respect of to payment of or redemptions, interest, damages or damages, upon liquidation or dissolution or otherwise.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mri Interventions, Inc.)

Ranking of Notes. Except for the April 2015 Notes or as set forth on in Schedule 3(cc3(dd), no Indebtedness of the Company or any of its Subsidiaries is senior to or 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 (Ener-Core Inc.)

Ranking of Notes. Except as set forth on disclosed in Schedule 3(cc4(tt), no Indebtedness of the Company is will be senior to to, or ranks pari passu with with, the Notes in right of payment, whether with respect of to payment of or redemptions, interest, damages or damages, upon liquidation or dissolution or otherwise.

Appears in 1 contract

Samples: Securities Purchase Agreement (Iceweb Inc)

Ranking of Notes. Except as set forth on in Schedule 3(cc), no Indebtedness of the Company or any of the Guarantors is senior to or 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 (Comscore, Inc.)

Ranking of Notes. Except as set forth on in Schedule 3(cc3(bb), no Indebtedness of the Company or any of its Subsidiaries is senior to or 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 (Workhorse Group Inc.)

Ranking of Notes. Except Other than the Company’s outstanding 3% Convertible Notes due 2008 or as set forth on Schedule 3(cc3(v), no Indebtedness of the Company is senior to or 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. No Indebtedness of the Company is secured by any assets of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (NPS Pharmaceuticals Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!