Common Contracts
1 similar Promissory Note contracts
ContractPromissory Note • May 6th, 2021 • Ontario
THIS PROMISSORY NOTE AND THE RIGHTS AND OBLIGATIONS EVIDENCED HEREBY ARE SUBORDINATE IN THE MANNER AND TO THE EXTENT SET FORTH IN THAT CERTAIN SUBORDINATION AND INTERCREDITOR AGREEMENT (THE “SUBORDINATION AGREEMENT”) DATED AS OF APRIL 29, 2021, BY AND AMONG ACERUS PHARMACEUTICALS CORPORATION, AN ONTARIO, CANADA CORPORATION, AS BORROWER, FIRST GENERATION CAPITAL INC., AN ONTARIO, CANADA CORPORATION, AS JUNIOR LENDER, AND SWK FUNDING LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS THE AGENT, SOLE LEAD ARRANGER AND SOLE BOOKRUNNER UNDER THE SWK AGREEMENT DEFINED BELOW (TOGETHER WITH ITS PERMITTED SUCCESSORS AND ASSIGNS IN SUCH CAPACITY) TO THE INDEBTEDNESS (INCLUDING INTEREST) OWED PURSUANT TO THE SWK AGREEMENT AS CONTEMPLATED BY THE SUBORDINATION AGREEMENT; AND EACH HOLDER OF THIS INSTRUMENT, BY ITS ACCEPTANCE HEREOF, IRREVOCABLY AGREES TO BE BOUND BY THE PROVISIONS OF THE SUBORDINATION AGREEMENT.
