Ranking of Notes. No Indebtedness of the Company is senior to or ranks pari passu with the Notes or Amended Vicis Note 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 (Ambient Corp /Ny), Securities Purchase Agreement (Ambient Corp /Ny)
Ranking of Notes. No Indebtedness of the Company is senior to or ranks pari passu with or is senior to the Notes or Amended Vicis Note 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 (Great Basin Scientific, Inc.), Securities Purchase Agreement (Great Basin Scientific, Inc.)
Ranking of Notes. No Indebtedness of the Company or any of its Subsidiaries other than Permitted Senior Indebtedness (as defined in the Notes) is senior to or ranks pari passu with the Notes or Amended Vicis Note 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 (Inventergy Global, Inc.)
Ranking of Notes. No Indebtedness of the Company ranks pari passu (other than the 2015 Notes) with or is senior to or ranks pari passu with the Notes or Amended Vicis Note 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 (Great Basin Scientific, Inc.)
Ranking of Notes. No Except as disclosed or described in the Recent SEC Documents, and except for Indebtedness under the Financing Facilities, no Indebtedness of the Company is senior to or ranks pari passu with the Notes or Amended Vicis Note in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.
Appears in 1 contract
Ranking of Notes. No Except as set forth in the Notes, no Indebtedness of the Company is senior to or ranks pari pani passu with the Notes or Amended Vicis Note 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
Ranking of Notes. No Indebtedness of the Company is senior to or ranks ---------------- pari passu with the Notes or Amended Vicis Note in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.
Appears in 1 contract
Ranking of Notes. No Indebtedness of the Company is senior to or ranks pari passu PARI PASSU with the Notes or Amended Vicis Note 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 (Western Standard Energy Corp.)
Ranking of Notes. No Indebtedness of the Company outstanding as of the date hereof is senior to or ranks pari passu with the Notes or Amended Vicis Note 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 (Maxwell Technologies Inc)
Ranking of Notes. No Indebtedness of the Company or any of its Subsidiaries other than the Permitted Senior Indebtedness is senior to or ranks pari passu with the Notes or Amended Vicis Note 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 (Real Goods Solar, Inc.)
Ranking of 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 Amended Vicis Note upon liquidation or dissolution or otherwise. No Indebtedness of Corrigent 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: Note Purchase Agreement (Orckit Communications LTD)
Ranking of Notes. No future Indebtedness of the Company is will be senior to or ranks rank pari passu with the Notes or Amended Vicis Note 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 (Qiao Xing Mobile Communication Co., Ltd.)
Ranking of Notes. No Indebtedness of the Company is senior to or ranks pari passu with the Notes or Amended Vicis Note 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 (AFG Enterprises USA, Inc.)
Ranking of Notes. No Except as set forth on Schedule (dd), no Indebtedness of the Company is senior to or ranks pari passu with the Notes or Amended Vicis Note in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise. The Notes and the Exchanged Notes shall rank pari passu with each other.
Appears in 1 contract
Samples: Securities Purchase Agreement (Stinger Systems, Inc)
Ranking of Notes. No Indebtedness of the Company is senior to or ranks pari passu with the Notes or Amended Vicis Note in right of payment, whether with respect of payment of redemptions, interest, damages interest or upon liquidation or dissolution or otherwise.
Appears in 1 contract