Common use of SENIORITY Clause in Contracts

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor.

Appears in 161 contracts

Samples: Securities Purchase Agreement (Blue Ocean Acquisition Corp), Securities Purchase Agreement (TNL Mediagene), Secured Subsidiary Guarantee (Digital Ally, Inc.)

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SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness unsecured Debt (as defined in the Purchase AgreementDebentures) of such Guarantor.

Appears in 12 contracts

Samples: Securities Purchase Agreement (Center for Wound Healing, Inc.), Subsidiary Guarantee (Knobias, Inc.), Subsidiary Guarantee (Unity Wireless Corp)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) debt of such Guarantor.

Appears in 9 contracts

Samples: Guaranty Agreement (Universal Property Development & Acquisition Corp), Guaranty Agreement (Universal Property Development & Acquisition Corp), Subsidiary and Affiliate Guarantee (Actiga Corp)

SENIORITY. The Obligations of each of the Guarantors Guarantor hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such the Guarantor.

Appears in 7 contracts

Samples: Subsidiary Guarantee (Adamis Pharmaceuticals Corp), Subsidiary Guarantee (Adamis Pharmaceuticals Corp), Subsidiary Guarantee (Adamis Pharmaceuticals Corp)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor.

Appears in 6 contracts

Samples: Subsidiary Guarantee (Elicio Therapeutics, Inc.), Subsidiary Guarantee (Elicio Therapeutics, Inc.), Securities Purchase Agreement (Attis Industries Inc.)

SENIORITY. The Obligations of each of the Guarantors Guarantor hereunder rank senior in priority to any other Indebtedness (as defined in unsecured debt of the Purchase Agreement) of such Guarantor.

Appears in 4 contracts

Samples: Parent Guarantee, Parent Guarantee (Polymet Mining Corp), Parent Guarantee (Glencore Holding Ag)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) debt of such Guarantor.

Appears in 4 contracts

Samples: Subsidiary Guarantee (Shea Development Corp.), Subsidiary Guarantee (Universal Energy Corp.), Subsidiary Guarantee (Knobias, Inc.)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor, except for any Indebtedness related to the Senior Debentures (as defined in the Purchase Agreement).

Appears in 3 contracts

Samples: Subsidiary Guarantee (Rennova Health, Inc.), Subsidiary Guarantee (Rennova Health, Inc.), Subsidiary Guarantee (Rennova Health, Inc.)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase AgreementNotes) of such Guarantor.

Appears in 3 contracts

Samples: Subsidiary Guarantee (Helix TCS, Inc.), Subsidiary Guarantee (Helix TCS, Inc.), Subsidiary Guarantee (Oroplata Resources, Inc.)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other unsecured Indebtedness (as defined in the Purchase Agreement) of such Guarantor.

Appears in 3 contracts

Samples: Subsidiary Guarantee (MCF Corp), Subsidiary Guarantee (Linux Gold Corp), Subsidiary Guarantee (Sweetskinz Holdings Inc)

SENIORITY. The Except as set forth in Schedule 3.1(ff) of the Purchase Agreement, the Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor.

Appears in 3 contracts

Samples: VPP Subsidiary Guarantee (Capital Growth Systems Inc /Fl/), Subsidiary Guarantee (Capital Growth Systems Inc /Fl/), Subsidiary Guarantee (Capital Growth Systems Inc /Fl/)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such GuarantorGuarantor other than Permitted Indebtedness.

Appears in 2 contracts

Samples: Subsidiary Guarantee (QPC Lasers), Subsidiary Guarantee (QPC Lasers)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) indebtedness of such Guarantor.

Appears in 2 contracts

Samples: Subsidiary Guarantee (ASTROTECH Corp), Subsidiary Guarantee (ASTROTECH Corp)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) debt of such GuarantorGuarantor other than debt in favor of the Senior Lender.

Appears in 2 contracts

Samples: Subsidiary Guarantee (Pipeline Data Inc), Subsidiary Guarantee (Global Axcess Corp)

SENIORITY. The Except for the TD Bank Debt, the Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor.

Appears in 2 contracts

Samples: Subsidiary Guarantee (UFood Restaurant Group, Inc.), Subsidiary Guarantee (UFood Restaurant Group, Inc.)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor, except with respect to Senior Indebtedness (as defined in the Debentures).

Appears in 2 contracts

Samples: Subsidiary Guarantee (GreenBox POS), Subsidiary Guarantee (Taronis Fuels, Inc.)

SENIORITY. The Other than as set forth in the Disclosure Schedules to the Purchase Agreement and other than Permitted Indebtedness (as defined in the Debentures), the Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor.

Appears in 2 contracts

Samples: Securities Purchase Agreement (PLC Systems Inc), Subsidiary Guarantee (Blue Calypso, Inc.)

SENIORITY. The Other than as set forth in the Disclosure Schedules to the Purchase Agreement and other than Permitted Indebtedness (as defined in the Notes), the Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor.

Appears in 2 contracts

Samples: Note Purchase Agreement (CannLabs, Inc.), Subsidiary Guarantee (CannLabs, Inc.)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such GuarantorGuarantor (other than any (i) Permitted Indebtedness that is secured pursuant to Permitted Liens which are permitted under the Purchase Agreement to be senior to the liens granted under the Security Agreement and (ii) purchase money financing incurred in connection with the acquisition of any Additional Guarantor (as defined in Annex 1 hereto)).

Appears in 2 contracts

Samples: Subsidiary Guarantee (Fathom Holdings Inc.), Subsidiary Guarantee (Fathom Holdings Inc.)

SENIORITY. The Obligations of each of the Guarantors hereunder rank junior in priority to the Senior Debt (as defined in the Purchase Agreement) and senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor.

Appears in 1 contract

Samples: Subsidiary Guarantee (Chanticleer Holdings, Inc.)

SENIORITY. The Obligations obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness unsecured Debt (as defined in the Purchase AgreementDebentures) of such Guarantor.

Appears in 1 contract

Samples: Subsidiary Guarantee (Xenomics Inc)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such GuarantorGuarantor (other than certain Permitted Indebtedness).

Appears in 1 contract

Samples: Subsidiary Guarantee (Synthesis Energy Systems Inc)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Note Purchase Agreement) of such Guarantor.

Appears in 1 contract

Samples: Guaranty Agreement (Youngevity International, Inc.)

SENIORITY. The Subject to the Security Agreement, the Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor.

Appears in 1 contract

Samples: Subsidiary Guarantee (Ceragenix Pharmaceuticals, Inc.)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such GuarantorGuarantor other than the Guarantees of the August 2017 Notes, with respect to which they are pari passu in right of payment.

Appears in 1 contract

Samples: Subsidiary Guarantee (Oncolix, Inc.)

SENIORITY. The As of the date hereof, the Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor.

Appears in 1 contract

Samples: Subsidiary Guarantee (Ideanomics, Inc.)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase AgreementNote) of such Guarantor.

Appears in 1 contract

Samples: Subsidiary Guarantee (Cardax, Inc.)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Note Purchase Agreement) of such Guarantor, other than the Summer 2014 Securities (as defined in the Note Purchase Agreement) with which the guaranty provided hereby ranks pari pasu.

Appears in 1 contract

Samples: Guaranty Agreement (Youngevity International, Inc.)

SENIORITY. The Except as set forth in the Security Agreement, the Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor.

Appears in 1 contract

Samples: Subsidiary Guarantee (Nac Global Technologies, Inc.)

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SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Security Agreement) of such Guarantor.

Appears in 1 contract

Samples: Subsidiary Guarantee (Fearless International, Inc.)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such GuarantorGuarantor other than Indebtedness which is by its terms senior to this Guarantee at the time it was incurred or at the time such Guarantor was acquired by the Company.

Appears in 1 contract

Samples: Subsidiary Guarantee (Agriforce Growing Systems Ltd.)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such GuarantorGuarantor or pari passu as to any obligation under the Subsidiary Guarantee dated as of March 20, 2017.

Appears in 1 contract

Samples: Subsidiary Guarantee (Rennova Health, Inc.)

SENIORITY. The Except with respect to the Senior Convertible Debentures held by the Guarantees, the Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor.

Appears in 1 contract

Samples: Subsidiary Guarantee (Magnegas Corp)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor, other than the [Hercules debt].

Appears in 1 contract

Samples: Subsidiary Guarantee (Ocz Technology Group Inc)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such GuarantorGuarantor (other than any (i) Permitted Indebtedness and (ii) purchase money financing incurred in connection with the acquisition of any Additional Guarantor (as defined in Annex 1 hereto)).

Appears in 1 contract

Samples: Subsidiary Guarantee (Fathom Holdings Inc.)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase AgreementSPA) of such Guarantor.

Appears in 1 contract

Samples: Subsidiary Guarantee (Chile Mining Technologies Inc.)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor, subject only to Permitted Liens and Permitted Indebtedness.

Appears in 1 contract

Samples: Subsidiary Guarantee (InspireMD, Inc.)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) debt of such Guarantor.. (p)

Appears in 1 contract

Samples: Guaranty Agreement (Universal Property Development & Acquisition Corp)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Subscription Agreement) of such Guarantor.

Appears in 1 contract

Samples: Subsidiary Guarantee (Magnolia Solar Corp)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor, except as provided in Section 3.1(gg) of the Purchase Agreement.

Appears in 1 contract

Samples: Subsidiary Guarantee (NovaBay Pharmaceuticals, Inc.)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) debt of such Guarantor.. (q)

Appears in 1 contract

Samples: Subsidiary Guarantee (Continental Fuels, Inc.)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Note Purchase Agreement) of such Guarantor, other than the Prior Liens with which the limited guaranty provided hereby ranks pari pasu.

Appears in 1 contract

Samples: Limited Guaranty Agreement (Youngevity International, Inc.)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness unsecured Debt (as defined in the Purchase AgreementRevolving Credit) of such Guarantor.

Appears in 1 contract

Samples: Subsidiary Guarantee (Viral Genetics Inc /De/)

SENIORITY. The Except as described on Schedule 1 attached hereto, the Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor.

Appears in 1 contract

Samples: Subsidiary Guarantee (Aspen Group, Inc.)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such GuarantorGuarantor (other than any purchase money financing incurred in connection with the acquisition of any Additional Guarantor (as defined in Annex 1 hereto)).

Appears in 1 contract

Samples: Subsidiary Guarantee (Dolphin Entertainment, Inc.)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase AgreementAgreements) of such Guarantor.

Appears in 1 contract

Samples: Subsidiary Guarantee (Advanced Cell Technology, Inc.)

SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such GuarantorGuarantor (other than purchase money financing incurred in connection with the acquisition of any Additional Guarantor (as defined in Annex 1 hereto)).

Appears in 1 contract

Samples: Subsidiary Guarantee (Dyadic International Inc)

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