NEITHER THIS SECURITY NOR THE SECURITIES INTO WHICH THIS SECURITY IS CONVERTIBLE HAS BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE...Convertible Security Agreement • January 7th, 2015 • Transgenomic Inc • Laboratory analytical instruments • New York
This security is subject to the Subordination Agreement, dated as of DECEMBER 31, 2014, among THIRD SECURITY SENIOR STAFF 2008 LLC, as senior agent, THE PARTIES LISTED ON SCHEDULE A THERETO, EACH AS A SUBORDINATED CREDITOR, AND TRANSGENOMIC, INC., UNDER which the DEBTOR’S obligations hereunder are subordinated in the manner set forth therein to the prior payment of certain obligations to the Senior CREDITORS (as defined therein) and are subject to the terms and provisions set forth therein.
UNSECURED CONVERTIBLE PROMISSORY NOTE PURCHASE AGREEMENTUnsecured Convertible Promissory Note Purchase Agreement • January 7th, 2015 • Transgenomic Inc • Laboratory analytical instruments • New York
This Unsecured Convertible Promissory Note Purchase Agreement, dated on and as of the date set forth on the signature pages hereto (this “Agreement”), is made between Transgenomic, Inc., a Delaware corporation (the “Company”), the undersigned purchaser(s) (each a “Purchaser” and, collectively with any Additional Purchasers who become a party to this Agreement at a subsequent Closing under Section A(3) below, the “Purchasers”) and each assignee of a Purchaser who becomes a party hereto.
