Reliance of Holders of Senior Indebtedness. Holder, by its acceptance hereof, shall be deemed to acknowledge and agree that the foregoing subordination provisions are, and are intended to be, an inducement to and a consideration of each holder of Senior Indebtedness, whether such Senior Indebtedness was created or acquired before or after the creation of the indebtedness evidenced by this Note, and each such holder of Senior Indebtedness shall be deemed conclusively to have relied on such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Indebtedness.
Appears in 15 contracts
Samples: Note Agreement, Note Agreement (Ritter Pharmaceuticals Inc), Note Agreement (Ritter Pharmaceuticals Inc)
Reliance of Holders of Senior Indebtedness. HolderInvestor, by its acceptance hereof, shall be deemed to acknowledge and agree that the foregoing subordination provisions are, and are intended to be, an inducement to and a consideration of each holder of Senior Indebtedness, whether such Senior Indebtedness was created or acquired before or after the creation of the indebtedness evidenced by this Note, and each such holder of Senior Indebtedness shall be deemed conclusively to have relied on such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Indebtedness.
Appears in 6 contracts
Samples: Subordinated Convertible Promissory Note (Knightscope, Inc.), Note Agreement (Arista Networks, Inc.), Convertible Note (Arista Networks, Inc.)
Reliance of Holders of Senior Indebtedness. The Holder, by its acceptance hereof, shall be deemed to acknowledge and agree that the foregoing subordination provisions are, and are intended to be, an inducement to and a consideration of each holder of Senior Indebtedness, whether such Senior Indebtedness was created or acquired before or after the creation of the indebtedness evidenced by this Note, and each such holder of Senior Indebtedness shall be deemed conclusively to have relied on such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Indebtedness.
Appears in 4 contracts
Samples: Convertible Subordinated Promissory Note (Digital Brands Group, Inc.), Convertible Subordinated Promissory Note (Digital Brands Group, Inc.), Convertible Promissory Note (MBI Financial, Inc.)
Reliance of Holders of Senior Indebtedness. Holder, by its acceptance hereof, shall be deemed to acknowledge and agree that the foregoing subordination provisions are, and are intended to be, an inducement to and a consideration of each holder of Senior IndebtednessIndebtedness to approve the issuance of this Note, whether such Senior Indebtedness was created or acquired before or after the creation of the indebtedness evidenced by this Note, and each such holder of Senior Indebtedness shall be deemed conclusively to have relied on such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Indebtedness.
Appears in 4 contracts
Samples: Convertible Note (GCT Semiconductor Inc), Convertible Note (GCT Semiconductor Inc), Convertible Note (GCT Semiconductor Inc)
Reliance of Holders of Senior Indebtedness. The Holder, by its acceptance hereof, shall be deemed to acknowledge and agree that the foregoing subordination provisions are, and are intended to be, an inducement to and a consideration of each holder of Senior Indebtedness, whether such Senior Indebtedness was created or acquired before or after the creation of the indebtedness evidenced by this Convertible Note, and each such holder of Senior Indebtedness shall be deemed conclusively to have relied on such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Indebtedness.
Appears in 3 contracts
Samples: Note Purchase Agreement (Dendreon Corp), Note Purchase Agreement (Dendreon Corp), Note Purchase Agreement (Artisan Equity LTD)
Reliance of Holders of Senior Indebtedness. HolderLender, by its acceptance hereof, shall be deemed to acknowledge and agree that the foregoing subordination provisions are, and are intended to be, an inducement to and a consideration of each holder of Senior Indebtedness, whether such Senior Indebtedness was created or acquired before or after the creation of the indebtedness evidenced by this Note, and each such holder of Senior Indebtedness shall be deemed conclusively to have relied on such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Indebtedness.
Appears in 3 contracts
Samples: Loan Agreement (Integrated Surgical Systems Inc), Agreement to Effect Orderly Liquidation (Messagemedia Inc), Secured/Subordinated Promissory Note (Axys Pharmecueticals Inc)
Reliance of Holders of Senior Indebtedness. HolderLender, by its acceptance hereof, shall be deemed to acknowledge and agree that the foregoing subordination provisions are, and are intended to be, an inducement to and a consideration of each holder of Senior Indebtedness, whether such Senior Indebtedness was created or acquired before or after the creation of the indebtedness evidenced by this Note, and each such holder of Senior Indebtedness shall be deemed conclusively to have relied on 5. such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Indebtedness.]
Appears in 3 contracts
Samples: Revenue Loan Agreement, Revenue Loan Agreement, Revenue Loan Agreement
Reliance of Holders of Senior Indebtedness. Holder, Each Noteholder by its acceptance hereof, thereof shall be deemed to acknowledge and agree that the foregoing subordination provisions are, and are intended to be, an inducement to and a consideration of to each holder of any Senior Indebtedness, whether such Senior Indebtedness was created or acquired before or after the creation of the indebtedness evidenced by this NoteSubordinated Obligations, to acquire and hold, or to continue to hold, such Senior Indebtedness, and each such holder of Senior Indebtedness shall be deemed conclusively to have relied on such subordination provisions provision in acquiring and holding, or in continuing to hold, such Senior Indebtedness.
Appears in 2 contracts
Samples: Senior Subordinated Note Purchase Agreement (Chase Venture Capital Associates L P), Senior Subordinated Note Purchase Agreement (Hanger Orthopedic Group Inc)
Reliance of Holders of Senior Indebtedness. Each Holder, by its acceptance hereof, shall be deemed to acknowledge and agree agree, severally and not jointly, that the foregoing subordination provisions are, and are intended to be, an inducement to and a consideration of each the holder of Senior IndebtednessIndebtedness to approve the issuance of this Note, whether such Senior Indebtedness was created or acquired before or after the creation of the indebtedness evidenced by this Note, and each such the holder of Senior Indebtedness shall be deemed conclusively to have relied on such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Indebtedness.
Appears in 1 contract
Reliance of Holders of Senior Indebtedness. Holder, Lender by its his acceptance hereof, thereof shall be deemed to acknowledge and agree that the foregoing subordination provisions are, and are intended to be, an inducement to and a consideration of to each holder of any Senior Indebtedness, whether such Senior Indebtedness was created or acquired before or after the creation making of the indebtedness evidenced by this Noteany Loan, to acquire and each hold, or to continue to hold, such Senior Indebtedness and such holder of Senior Indebtedness shall be deemed conclusively to have relied on such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Indebtedness.
Appears in 1 contract
Reliance of Holders of Senior Indebtedness. The Holder, by its acceptance hereof, shall be deemed to acknowledge and agree that the foregoing subordination provisions are, and are intended to be, an inducement to and a consideration of each holder of Senior Indebtedness, whether such Senior Indebtedness was created or acquired before or after the creation of the indebtedness evidenced by this Note, and each such holder of Senior Indebtedness In- debtedness shall be deemed conclusively to have relied on such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Indebtedness.
Appears in 1 contract
Samples: Convertible Subordinated Promissory Note (Xoma LTD /De/)
Reliance of Holders of Senior Indebtedness. HolderThe Purchaser, by its acceptance hereof, shall be deemed to acknowledge and agree that the foregoing subordination provisions are, and are intended to be, an inducement to and a consideration of each holder of Senior Indebtedness, whether such Senior Indebtedness was created or acquired before or after the creation of the indebtedness evidenced by this Restated Note, and each such holder of Senior Indebtedness shall be deemed conclusively to have relied on such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Indebtedness.
Appears in 1 contract
Reliance of Holders of Senior Indebtedness. Holder, by its ------------------------------------------ acceptance hereof, shall be deemed to acknowledge and agree that the foregoing subordination provisions are, and are intended to be, an inducement to and a consideration of each holder of Senior Indebtedness, whether such Senior Indebtedness was created or acquired before or after the creation of the indebtedness evidenced by this Note, and each such holder of Senior Indebtedness shall be deemed conclusively to have relied on such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Indebtedness.
Appears in 1 contract
Samples: Note and Stock Purchase Agreement (Horizon Organic Holding Corp)
Reliance of Holders of Senior Indebtedness. HolderThe Lender, by its acceptance hereof, shall be deemed to acknowledge and agree that the foregoing subordination provisions are, and are intended to be, an inducement to and a consideration of each holder of Senior Indebtedness, Indebtedness whether such Senior Indebtedness was created or acquired before or after the creation of the indebtedness evidenced by this Note, and each such holder of Senior Indebtedness shall be deemed conclusively to have relied on such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Indebtedness.
Appears in 1 contract
Reliance of Holders of Senior Indebtedness. HolderThe Company, by its acceptance hereofof this Note, shall be deemed to acknowledge and agree that the foregoing subordination provisions are, and are intended to be, an inducement to and a consideration of each holder of Senior Indebtedness, whether such Senior Indebtedness was created or acquired before or after the creation of the indebtedness evidenced by this Note, and each such holder of Senior Indebtedness shall be deemed conclusively to have relied on such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Indebtedness.
Appears in 1 contract
Samples: Asset Purchase Agreement (Ocz Technology Group Inc)
