Common use of Subordination of Notes to Senior Indebtedness Clause in Contracts

Subordination of Notes to Senior Indebtedness. The Indebtedness evidenced by the Notes and all renewals and extensions thereof, all obligations of the Company under this Agreement, the Certificate of Designation, and all other instruments and agreements arising out of or relating to any or all of the foregoing and all renewals and extensions thereof (collectively called the "Junior Indebtedness") shall at all times be wholly subordinate and junior in right of payment to any and all Senior Indebtedness of the Company (including any claims by the holders of such Senior Indebtedness for interest accruing after any assignment for the benefit of creditors by the Company or the institution by or against the Company of any proceedings under the Bankruptcy Code or any law for the relief of or relating to debtors, or any other claim by such holders for any such interest which would have accrued in the absence of such assignment or the institution of such proceedings) in the manner and with the force and effect hereafter set forth:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Healthcare Capital Partners Lp), Securities Purchase Agreement (Gensia Sicor Inc)

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Subordination of Notes to Senior Indebtedness. The Indebtedness --------------------------------------------- evidenced by the Notes and all renewals and extensions thereof, all obligations of the Company under this Agreement, the Certificate of Designation, and all other instruments and agreements arising out of or relating to any or all of the foregoing and all renewals and extensions thereof (collectively called the "Junior Indebtedness") shall at all times be wholly subordinate and junior in right of payment to any and all Senior Indebtedness of the Company (including any claims by the holders of such Senior Indebtedness for interest accruing after any assignment for the benefit of creditors by the Company or the institution by or against the Company of any proceedings under the Bankruptcy Code or any law for the relief of or relating to debtors, or any other claim by such holders for any such interest which would have accrued in the absence of such assignment or the institution of such proceedings) in the manner and with the force and effect hereafter set forth:

Appears in 1 contract

Samples: Securities Purchase Agreement (Gensia Sicor Inc)

Subordination of Notes to Senior Indebtedness. The Indebtedness evidenced by the Notes and all renewals and extensions thereof, all obligations of the Company under this AgreementAgreement (other than the obligations of the Company under Sections 13.10 and 13.11), the Certificate of Designation, Notes and all other instruments and agreements arising out of or relating to any or all of the foregoing and all renewals and extensions thereof (collectively called collectively, the "Junior IndebtednessJUNIOR INDEBTEDNESS") shall at all times be wholly subordinate and junior in right of payment to any and all Senior Indebtedness of the Company (including any claims by the holders of such Senior Indebtedness for interest accruing after any assignment for the benefit of creditors by the Company or the institution by or against the Company of any proceedings under the Bankruptcy Code or any law for the relief of or relating to debtors, or any other claim by such holders for any such interest which would have accrued in the absence of such assignment or the institution of such proceedings) in the manner and with the force and effect hereafter set forth:

Appears in 1 contract

Samples: Note Purchase Agreement (Q Med Inc)

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Subordination of Notes to Senior Indebtedness. The Indebtedness evidenced by the Notes and all modifications, renewals and extensions thereof, all obligations of the Company under this Agreement, the Certificate of Designation, the Warrant Agreement and all other instruments and agreements arising out of or relating to any or all of the foregoing and all modifications, renewals and extensions thereof (collectively called the "Junior Indebtedness") shall at all times be wholly subordinate and junior in right of payment to any and all Senior Indebtedness of the Company (including any claims by the holders of such Senior Indebtedness for interest accruing after any assignment for the benefit of creditors by the Company or the institution by or against the Company of any proceedings under the Bankruptcy Code or any law for the relief of or relating to debtors, or any other claim by such holders for any such interest which would have accrued in the absence of such assignment or the institution of such proceedings) in the manner and with the force and effect hereafter set forth:

Appears in 1 contract

Samples: Securities Purchase Agreement (America Service Group Inc /De)

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