Senior Obligation. As an inducement for the Investor to enter into this Agreement and to purchase the Note, all obligations of the Company pursuant to this Agreement and the Note shall be senior to all other existing Indebtedness and equity of the Company. Upon any Liquidation Event (as defined in the Note), the Investor will be entitled to receive, before any distribution or payment is made upon, or set apart with respect to, any Indebtedness of the Company or any class of capital stock of the Company, an amount equal to the Outstanding Principal Amount (as defined in the Note).
Appears in 3 contracts
Samples: Securities Purchase Agreement (Abvc Biopharma, Inc.), Securities Purchase Agreement (Abvc Biopharma, Inc.), Securities Purchase Agreement (Abvc Biopharma, Inc.)
Senior Obligation. As an inducement for the Investor to enter into this Agreement and to purchase the NoteNotes, all obligations of the Company pursuant to this Agreement and the Note Notes shall be senior to all other existing Indebtedness and equity of the Company. Upon any Liquidation Event (as defined in the NoteNotes), the Investor will be entitled to receive, before any distribution or payment is made upon, or set apart with respect to, any Indebtedness of the Company or any class of capital stock of the Company, an amount equal to the Outstanding Principal Amount (as defined in the NoteNotes).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Sphere 3D Corp.), Securities Purchase Agreement (AERWINS Technologies Inc.)
Senior Obligation. As an inducement for the Investor to enter into this Agreement and to purchase the Note, all obligations of the Company pursuant to this Agreement and the Note shall be senior in payment to all other existing any subsequent Indebtedness and equity of the Company. Upon any Liquidation Event (as defined in the Note), the Investor will be entitled to receive, before any distribution or payment is made upon, or set apart with respect to, any Indebtedness of the Company or any class of capital stock ) of the Company, an amount equal to the Outstanding Principal Amount (as defined in the Note).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Phoenix Motor Inc.), Securities Purchase Agreement (Indonesia Energy Corp LTD)
Senior Obligation. As an inducement for the Investor to enter into this Agreement and to purchase the Note, all obligations of the Company pursuant to this Agreement and the Note shall be senior in payment to all other existing any subsequent Indebtedness and equity of the Company. Upon any Liquidation Event (as defined in the Note), the Investor will be entitled to receive, before any distribution or payment is made upon, or set apart with respect to, any Indebtedness ) of the Company or any class of capital stock of except for that set forth as the Company, an amount equal to the Outstanding Principal Amount Asset-Based Facility (as defined in the Note).
Appears in 1 contract
Samples: Securities Purchase Agreement (Freight Technologies, Inc.)
Senior Obligation. As an inducement for the Investor to enter into this Agreement and to purchase the Note, all obligations of the Company pursuant to this Agreement and the Note shall be senior to all other existing Indebtedness and equity of the Company. Upon any Liquidation Event (as defined in the Note), the Investor will be entitled to receive, before any distribution or payment is made upon, or set apart with respect to, any Indebtedness of the Company or any class of shares in the capital stock of the Company, an amount equal to the Outstanding Principal Amount (as defined in the Note).
Appears in 1 contract
Samples: Securities Purchase Agreement (G Medical Innovations Holdings Ltd.)
Senior Obligation. As an inducement for the Investor to enter into this Agreement and to purchase the NoteNotes and Warrants, all obligations of the Company pursuant to this Agreement and the Note Notes shall be senior to all other existing Indebtedness (as defined in the Notes) and equity of the Company. Upon any Liquidation Event (as defined in the NoteNotes), the Investor will be entitled to receive, before any distribution or payment is made upon, or set apart with respect to, any Indebtedness of the Company or any class of capital stock of the Company, an amount equal to the Outstanding Principal Amount (as defined in the NoteNotes).
Appears in 1 contract
Senior Obligation. As an inducement for the Investor to enter into this Agreement and to purchase the Note, all obligations of the Company pursuant to this Agreement and the Note shall be senior to all other existing Indebtedness (as defined in the Note) and equity of the Company, except for those as set forth in Schedule 2.4. Upon any Liquidation Event (as defined in the Note), the Investor will be entitled to receive, before any distribution or payment is made upon, or set apart with respect to, any Indebtedness of the Company or any class of capital stock of the Company, an amount equal to the Outstanding Principal Amount (as defined in the Note).
Appears in 1 contract
Senior Obligation. As an inducement for the Investor to enter into this Agreement and to purchase the NoteNote and the Closing Warrant, all obligations of the Company pursuant to this Agreement and the Note shall be senior in payment to all other existing any subsequent Indebtedness and equity of the Company. Upon any Liquidation Event (as defined in the Note), the Investor will be entitled to receive, before any distribution or payment is made upon, or set apart with respect to, any Indebtedness of the Company or any class of capital stock ) of the Company, an amount equal to the Outstanding Principal Amount (as defined in the Note).
Appears in 1 contract
