Senior Secured Obligation Sample Clauses

Senior Secured Obligation. This Note will be senior to all obligations of the Company. The obligations of the Company under this Note are secured by a first lien on all of the current and future assets of the Company, in each case pursuant to the Security Agreement, dated as of the date hereof between the Company and Holder and the IP Security Agreement between the Company and the Holder. ********************* (Signature Pages Follow)
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Senior Secured Obligation. The Notes will be senior to all obligations of the Company, other than (i) the $60,192 of indebtedness to Mitsubishi HC Capital America, Inc. and (ii) $85,075 of indebtedness to Amur Equipment Finance, Inc. with respect to which it is pari passu in right of payment with and subject to the lien on the assets securing such indebtedness). The obligations of the Company under this Note are secured by a first lien (other than certain equipment which is currently pledged to secure the indebtedness referenced above, in respect of which it shall have a second lien) on all of the current and future assets of the Company, its Subsidiaries and limited liability companies, in each case pursuant to the Security Agreement, dated as of the date hereof between the Company, its Subsidiaries and the Holder. ********************* (Signature Pages Follow)
Senior Secured Obligation. The Notes will be senior to all obligations of the Company. The obligations of the Company under this Note are secured by a first lien on all of the current and future intellectual property assets of the Company, in each case pursuant to the Security Agreement, dated as of the date hereof between the Company, the Holders and Puritan Partners, as Holder and Collateral Agent for the Holders and the IP Security Agreement between the Company and Puritan Partners, LLC, as Holder and Collateral Agent on behalf of the Holders ********************* (Signature Pages Follow)
Senior Secured Obligation. The obligations of the Maker under this Note are secured by certain assets of the Maker pursuant to that certain Security Agreement, dated as of the date hereof, by and among the Maker and the secured parties signatory thereto. The Notes shall be senior to all indebtedness of the Company, except for that certain indebtedness held by Kalamalka Partners, Ltd. as to which it shall rank pari passu.
Senior Secured Obligation. The Notes will be senior to all obligations of the Company, except those set forth on Schedule 3.1(g)(5) to the Purchase Agreement. The obligations of the Company under this Note are secured pursuant to the Security Agreement, the Debenture and the Share Charge.
Senior Secured Obligation. The Notes will be senior to all obligations of the Company, other than (i) the Notes issued to the Holder hereof on December 16, 2022 with which it shall be pari passu in right of payment , (ii) the indebtedness set forth on Schedule 2 to which it shall be pari passu in right of payment and, in each case subject to the lien on the assets securing such indebtedness. The obligations of the Company under this Note are secured by a first lien (other than certain equipment which is currently pledged to secure the indebtedness referenced above and in Schedule 2, in respect of which it shall have a second lien) on all of the current and future assets of the Company, its Subsidiaries and limited liability companies, in each case pursuant to the Security Agreement, dated as of the date hereof between the Company, its Subsidiaries and the Holder. ********************* (Signature Pages Follow)
Senior Secured Obligation. The obligations of the Company and Mount Tam under this Note are secured (i) by all assets of the Company and each Subsidiary and Mount Tam pursuant to the Security Agreement, dated as of November __, 2019 between the Company, the Subsidiaries and the Holders and (ii) pursuant to pledges of shares of the common stock of the Company and Mount Tam and all of the shares of Ecoark Holdings, Inc. owned by the Principals pursuant to the Pledge Agreement, dated as of November __, 2019 between the Principals and the Holders.. The Notes are senior to all obligations (other than to certain equipment debt and indebtedness owing to Alliance Bank with respect to which they shall be pari passu in right of payment) of the Company, Mount Tam and the Subsidiaries of the Company, respectively.
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Related to Senior Secured Obligation

  • Unsecured Obligation Your Award is unfunded, and as a holder of a vested Award, you shall be considered an unsecured creditor of the Company with respect to the Company’s obligation, if any, to issue shares pursuant to this Agreement. You shall not have voting or any other rights as a stockholder of the Company with respect to the shares to be issued pursuant to this Agreement until such shares are issued to you pursuant to Section 6 of this Agreement. Upon such issuance, you will obtain full voting and other rights as a stockholder of the Company. Nothing contained in this Agreement, and no action taken pursuant to its provisions, shall create or be construed to create a trust of any kind or a fiduciary relationship between you and the Company or any other person.

  • Unsecured Obligations The obligations of the Company to the Purchasers under the Subordinated Notes shall be unsecured.

  • Additional Secured Obligations The Borrower may from time to time designate Permitted Additional Secured Obligations as Secured Obligations hereunder by (a) delivering to the Corporate Trustee an Additional Secured Obligations Designation in respect of such Permitted Additional Secured Obligations describing such Permitted Additional Secured Obligations and specifying whether such Permitted Additional Secured Obligations shall constitute Bank Facility Obligations, Vendor Facility Obligations, Public Debt Obligations, Other Facility Obligations or Hedging Agreement Obligations and attaching thereto a true and complete copy of all agreements (together with all schedules, exhibits, annexes, appendices and other attachments thereto), including but not limited to the applicable Secured Instruments, relating to such Permitted Additional Secured Obligations to which the Borrower or any Affiliate thereof is a party, and (b) fulfilling the requirements of subsection 4.8(b) in respect of such Additional Secured Obligations Designation. Upon completion of the actions described clauses (a) and (b) of the preceding sentence, but subject to the following sentence, the Permitted Additional Secured Obligations designated by such Additional Secured Obligations Designation shall constitute Secured Obligations. Notwithstanding anything herein to the contrary, in no event shall any indebtedness or other obligations of the Borrower constitute Additional Secured Obligations hereunder if the designation of such indebtedness or other obligations as Additional Secured Obligations would be in contravention of any Secured Instrument, and any purported designation of any such indebtedness or other obligations of the Borrower as Additional Secured Obligations in violation of any Secured Instrument shall be null and void and of no force or effect.

  • Secured Obligations The Collateral secures the due and prompt payment and performance of:

  • Secured Obligation The obligations of the Company under this Debenture are secured by all assets of the Company and each Subsidiary pursuant to the Security Agreement, dated as of February 22, 2011, between the Company, the Subsidiaries of the Company and the Secured Parties (as defined therein) (the “Security Agreement”) and further agreements with respect to certain foreign assets of the Company and its Subsidiaries. ********************* (Signature Page Follows)

  • Security for Secured Obligations This Patent Security Agreement and the Security Interest created hereby secures the payment and performance of the Secured Obligations, whether now existing or arising hereafter. Without limiting the generality of the foregoing, this Patent Security Agreement secures the payment of all amounts which constitute part of the Secured Obligations and would be owed by Grantors, or any of them, to Agent, the other members of the Lender Group, the Bank Product Providers or any of them, whether or not they are unenforceable or not allowable due to the existence of an Insolvency Proceeding involving any Grantor.

  • Payment of Secured Obligations Grantor will pay and perform or cause to be paid and performed the Secured Obligations according to the tenor thereof and all other sums now or hereafter secured hereby as the same shall become due.

  • Secured Party Performance of Debtor Obligations Without having any obligation to do so, the Administrative Agent may perform or pay any obligation which any Grantor has agreed to perform or pay in this Security Agreement and the Grantors shall reimburse the Administrative Agent for any amounts paid by the Administrative Agent pursuant to this Section 8.4. The Grantors’ obligation to reimburse the Administrative Agent pursuant to the preceding sentence shall be a Secured Obligation payable on demand.

  • Continuing Agreement, Transfer of Secured Obligations This Agreement is a continuing agreement and shall (a) subject to Section 5.3, remain in full force and effect until the Discharge of ABL Obligations shall have occurred, (b) be binding upon the Parties and their successors and assigns, and (c) inure to the benefit of and be enforceable by the Parties and their respective successors, transferees and assigns. Nothing herein is intended, or shall be construed to give, any other Person any right, remedy or claim under, to or in respect of this Agreement or any Common Collateral. All references to any Grantor shall include any Grantor as debtor-in-possession and any receiver or trustee for such Grantor in any Insolvency Proceeding. Without limiting the generality of the foregoing clause (c), the ABL Collateral Agent, any ABL Secured Party, the New First Lien Collateral Agent and any New First Lien Secured Party may assign or otherwise transfer all or any portion of the ABL Obligations or the New First Lien Obligations, as applicable, to any other Person (other than the Company, any Grantor or any Affiliate of the Company or any Grantor and any Subsidiary of the Company or any Grantor), and such other Person shall thereupon become vested with all the rights and obligations in respect thereof granted to the ABL Collateral Agent, the New First Lien Collateral Agent, any ABL Secured Party or any New First Lien Secured Party, as the case may be, herein or otherwise. The ABL Secured Parties and the New First Lien Secured Parties may continue, at any time and without notice to the other parties hereto, to extend credit and other financial accommodations, lend monies and provide Indebtedness to, or for the benefit of, any Grantor on the faith hereof.

  • Registered Obligation This Note is intended to be a registered obligation within the meaning of Treasury Regulation Section 1.871-14(c)(1)(i) and the Company (or its agent) shall register this Note (and thereafter shall maintain such registration) as to both principal and any stated interest. Notwithstanding any document, instrument or agreement relating to this Note to the contrary, transfer of this Note (or the right to any payments of principal or stated interest thereunder) may only be effected by (i) surrender of this Note and either the reissuance by the Company of this Note to the new holder or the issuance by the Company of a new instrument to the new holder, or (ii) transfer through a book entry system maintained by the Company (or its agent), within the meaning of Treasury Regulation Section 1.871-14(c)(1)(i)(B).

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