Common use of Ranking of Notes Clause in Contracts

Ranking of Notes. The Indebtedness represented by the Notes and the other Obligations under the applicable Note Documents of each Note Party is intended to constitute senior secured Indebtedness, and accordingly is, and shall be, at all times while the Notes and the other Obligations remain outstanding or the Purchasers have any outstanding Delayed Draw Note Commitments hereunder, pari passu or senior in right of payment with all Indebtedness (if any) of such Note Party.

Appears in 4 contracts

Samples: Note Purchase Agreement, Note Purchase Agreement (OptiNose, Inc.), Note Purchase Agreement (OptiNose, Inc.)

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Ranking of Notes. The Indebtedness represented by the Notes and the other Obligations under the applicable Note Documents of each Note Party is intended to constitute senior secured Indebtedness, and accordingly is, and shall be, at all times while the Notes and the other Obligations remain outstanding or the Purchasers have any outstanding Delayed Draw Note Commitments hereunderoutstanding, pari passu or senior in right of payment with all Indebtedness (if any) of such Note Party.

Appears in 4 contracts

Samples: Note Purchase Agreement (Terran Orbital Corp), Note Purchase Agreement (Tailwind Two Acquisition Corp.), Note Purchase Agreement (Agendia N.V.)

Ranking of Notes. The Indebtedness represented by the Notes and the other Obligations under the applicable Note Documents of each Note Party is intended to constitute senior secured Indebtedness, and accordingly is, and shall be, at all times while the Notes and the other Obligations remain outstanding or the Purchasers have any outstanding Delayed Draw Note Commitments hereunderoutstanding, pari passu or senior in right of payment with to all Indebtedness (if any) of such Note Party, including the Indebtedness incurred under the FP Note Documents, the LM/BP Note Documents and the Convertible Note Documents.

Appears in 1 contract

Samples: Note Purchase Agreement (Terran Orbital Corp)

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Ranking of Notes. The Indebtedness represented by the Notes and the other Obligations under the applicable Note Documents of each Note Party is intended to constitute senior secured Indebtedness, and accordingly is, and shall be, at all times while the Notes and the other Obligations remain outstanding or the Purchasers have any outstanding Delayed Draw Note Commitments hereunder, pari passu or senior in right of payment with all other Indebtedness of such Note Party (if any) of such Note Party).

Appears in 1 contract

Samples: Note Purchase Agreement (OptiNose, Inc.)

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