Ranking of Notes. No Indebtedness of any of the Credit Parties or any of their Subsidiaries will rank senior to or pari passu with the Notes in right of payment or collectability, whether with respect to payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.
Appears in 7 contracts
Samples: Financing Agreement (Elevate Credit, Inc.), Financing Agreement (Elevate Credit, Inc.), Financing Agreement (Elevate Credit, Inc.)
Ranking of Notes. No Subject to the relative priorities of the Notes set forth in this Agreement, no Indebtedness of any of the Credit Parties or any of their Subsidiaries will rank senior to or pari passu with the Notes in right of payment or collectability, whether with respect to payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.
Appears in 5 contracts
Samples: Financing Agreement (Elevate Credit, Inc.), Financing Agreement (Elevate Credit, Inc.), Financing Agreement (Elevate Credit, Inc.)
Ranking of Notes. No Indebtedness of any of the Credit Parties Borrowers or any of their Subsidiaries will rank senior to or pari passu with the Notes in right of payment or collectability, whether with respect to payment of redemptions, interest, damages or upon liquidation or dissolution or otherwiseotherwise (other than Permitted Indebtedness that is not Affiliate Indebtedness, which Permitted Indebtedness may be pari passu with the Notes in right of payment).
Appears in 2 contracts
Samples: Financing Agreement (Unigene Laboratories Inc), Financing Agreement (Unigene Laboratories Inc)
Ranking of Notes. No Indebtedness of any of the Credit Parties or any of their Subsidiaries will rank senior to or pari passu with the Notes in right of payment or collectability, whether with respect to payment of redemptions, interest, damages or upon liquidation or dissolution or otherwiseotherwise (other than Permitted Indebtedness that is not Affiliate Indebtedness, which Permitted Indebtedness may be pari passu with the Notes in right of payment).
Appears in 1 contract
Samples: Financing Agreement (Wave2Wave Communications, Inc.)
Ranking of Notes. No Except as provided under the Intercreditor Agreement or as set forth in Section 8.4 hereof, no Indebtedness of any of the Credit Parties or any of their Subsidiaries will rank senior to or pari passu with the Notes Note in right of payment or collectability, whether with respect to payment of redemptions, interest, damages or upon liquidation or dissolution or otherwiseotherwise (other than Permitted Indebtedness, which Permitted Indebtedness may be pari passu with the Note in right of payment).
Appears in 1 contract
Samples: Financing Agreement (Midwest Energy Emissions Corp.)
Ranking of Notes. No Indebtedness of any of the Credit Parties or any of their Subsidiaries will rank senior to or pari passu with the Notes in right of payment or collectability, whether with respect to payment of redemptions, interest, damages or upon liquidation or dissolution or otherwiseotherwise (other than Permitted Indebtedness, which Permitted Indebtedness may be pari passu with the Notes in right of payment).
Appears in 1 contract
Ranking of Notes. No Indebtedness of any of the Credit Parties Borrowers or any of their Subsidiaries Subsidiaries, will rank senior to or pari passu with the Notes in right of payment or collectability, whether with respect to payment of redemptions, interest, damages or upon liquidation or dissolution or otherwiseotherwise (other than Permitted Indebtedness which may be pari passu with the Notes in right of payment).
Appears in 1 contract
Samples: Financing Agreement (Jamba, Inc.)