Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 16 contracts
Sources: Securities Purchase Agreement (NewGenIvf Group LTD), Securities Purchase Agreement (Adagio Medical Holdings, Inc.), Securities Purchase Agreement (GigCapital5, Inc.)
Incurrence of Indebtedness. The So long as this Note is outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 15 contracts
Sources: Subordination Agreement (SANUWAVE Health, Inc.), Subordination Agreement (SANUWAVE Health, Inc.), Subordination Agreement (SANUWAVE Health, Inc.)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, guarantee or assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes Additional Note(s) upon issuance, and (ii) other Permitted Indebtedness).
Appears in 9 contracts
Sources: Note Agreement (SEALSQ Corp), Note Agreement (SEALSQ Corp), Note Agreement (SEALSQ Corp)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 6 contracts
Sources: Second Amendment and Exchange Agreement (Nauticus Robotics, Inc.), Merger Agreement (Blackboxstocks Inc.), Securities Purchase Agreement (Digital Health Acquisition Corp.)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 6 contracts
Sources: Note Purchase Agreement, Note Purchase Agreement (Pacific Ethanol, Inc.), Note Purchase Agreement (Pacific Ethanol, Inc.)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guaranteeguarantee or assume any Indebtedness, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 5 contracts
Sources: Convertible Note (Amaze Holdings, Inc.), Convertible Note (Lakeside Holding LTD), Convertible Note Agreement (Zhibao Technology Inc.)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries subsidiaries to not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 4 contracts
Sources: Agreement for Amendment to Series a and Series B Warrants (Repros Therapeutics Inc.), Agreement for Amendment to Series a and Series B Warrants (Repros Therapeutics Inc.), Agreement for Amendment to Series a and Series B Warrants (Repros Therapeutics Inc.)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, (i) incur or guarantee, assume or suffer to exist any Indebtedness (that is senior to Indebtedness under the Notes other than (i) the Indebtedness evidenced by this Note and the Other Notes and Permitted Indebtedness, or (ii) other Permitted increase the amount owed under any existing Indebtedness), as set forth in Schedule 3(q) to the Securities Purchase Agreement.
Appears in 3 contracts
Sources: Securities Purchase Agreement (TNL Mediagene), Securities Purchase Agreement (Blue Ocean Acquisition Corp), Securities Purchase Agreement (TNL Mediagene)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, guarantee or assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes Notes, and (ii) other Permitted Indebtedness).
Appears in 3 contracts
Sources: Convertible Note (Vsee Health, Inc.), Note Agreement (Vsee Health, Inc.), Note Agreement (Snail, Inc.)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) any other Permitted Indebtedness).
Appears in 3 contracts
Sources: Convertible Note (Maison Solutions Inc.), Security Agreement (Maison Solutions Inc.), Convertible Note (Maison Solutions Inc.)
Incurrence of Indebtedness. The So long as this Note is outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notsubsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 3 contracts
Sources: Exchange Agreement (Altimmune, Inc.), Exchange Agreement (Altimmune, Inc.), Securities Purchase Agreement (Third Wave Technologies Inc /Wi)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guaranteeguarantee or assume any Indebtedness, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes Note, and (ii) other Permitted Indebtedness).
Appears in 3 contracts
Sources: Convertible Promissory Note (Ming Shing Group Holdings LTD), Note Agreement (Caravelle International Group), Note Agreement (Caravelle International Group)
Incurrence of Indebtedness. The Other than Permitted Indebtedness, the Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, enter into, incur or guarantee, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness)for borrowed money of any kind, including, but not limited to, a guarantee.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Baxano Surgical, Inc.), Securities Purchase Agreement (Baxano Surgical, Inc.)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guaranteeguarantee or assume any Indebtedness, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes any Additional Note upon issuance, and (ii) other Permitted Indebtedness).
Appears in 2 contracts
Sources: Note Agreement (Healthcare Triangle, Inc.), Promissory Note (Healthcare Triangle, Inc.)
Incurrence of Indebtedness. The Company shall will not, and the Company shall cause each will not permit any of its Subsidiaries to notto, directly or indirectly, incur create, incur, issue, assume, guarantee or guaranteeotherwise become directly or indirectly liable, assume contingently or suffer otherwise, with respect to exist (collectively, "incur") any Indebtedness (other than (i) the Permitted Indebtedness evidenced by this Note and the Other Notes and (ii) other or Permitted Nonrecourse Indebtedness).
Appears in 2 contracts
Sources: Indenture (Finova Group Inc), Indenture (Finova Group Inc)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guaranteeguarantee or assume any Indebtedness, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes Additional Note upon issuance, and (ii) other Permitted Indebtedness).
Appears in 2 contracts
Sources: Note (Caravelle International Group), Note Agreement (Trio Petroleum Corp.)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 2 contracts
Sources: Convertible Security Agreement (Panacea Life Sciences Holdings, Inc.), Convertible Security Agreement (Panacea Life Sciences Holdings, Inc.)
Incurrence of Indebtedness. The Company Corporation shall not, and the Company Corporation shall cause each of its Subsidiaries to not, directly or indirectly, incur or incur, guarantee, or assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted IndebtednessIndebtedness (as defined in the Restated Securities Purchase Agreement)).
Appears in 2 contracts
Sources: Securities Purchase Agreement (Neovasc Inc), Securities Purchase Agreement
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, guarantee or assume or suffer to exist any Indebtedness (other than (i) this Note, the Indebtedness evidenced by this Note Other Notes, and the Other Additional Notes upon issuance, and (ii) other Permitted Indebtedness).
Appears in 2 contracts
Sources: Securities Purchase Agreement (Tuatara Capital Acquisition Corp), Note (SpringBig Holdings, Inc.)
Incurrence of Indebtedness. The So long as any Obligations are outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 2 contracts
Sources: Senior Secured Convertible Note and Warrant Purchase Agreement (Zap), Securities Purchase Agreement (Zap)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, assume or suffer to exist any senior, non-convertible Indebtedness (for borrowed money, other than (i) the any such Indebtedness evidenced by this Note and the Other Notes and (ii) other comprising Permitted Indebtedness).
Appears in 2 contracts
Sources: Convertible Security Agreement (Dolphin Entertainment, Inc.), Convertible Security Agreement (Dolphin Entertainment, Inc.)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guaranteeguarantee or assume any Indebtedness, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes First Tranche Note upon issuance, and (ii) other Permitted Indebtedness).
Appears in 1 contract
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur create or guaranteeauthorize the creation of any debt security, assume borrow money or suffer to exist guaranty any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other other Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, without the prior express written consent of the Holder, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and Note, (ii) other Permitted Indebtedness)Indebtedness and (iii) Indebtedness solely between or among the Company and any of its Subsidiaries.
Appears in 1 contract
Sources: Note Agreement (Workstream Inc)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Sources: Securities Purchase Agreement
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and Note, the Other Notes and the Additional Notes (as defined in the Stockholders’ Agreement; (ii) other Permitted Indebtedness); and (iii) Indebtedness issued in accordance with the terms of the Stockholders’ Agreement.
Appears in 1 contract
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, guarantee or assume or suffer to exist any Indebtedness (other than (i) this Advance Note, the Indebtedness evidenced by this Other Advance Note and the Other Notes Prepaid-Tranches upon issuance, and (ii) other Permitted Indebtedness).
Appears in 1 contract
Sources: Securities Purchase Contract (Ascent Solar Technologies, Inc.)
Incurrence of Indebtedness. The At all times prior to the Defeasance Time, the Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Sources: Securities Purchase Agreement (BOQI International Medical, Inc.)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to notSubsidiaries, directly or indirectly, not to incur or guarantee, guarantee or assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes Notes, and (ii) other Permitted Indebtedness).
Appears in 1 contract
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, without the prior express written consent of the Holder, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and Notes, (ii) other Permitted Indebtedness)Indebtedness and (iii) Indebtedness solely between or among the Company and any of its Subsidiaries.
Appears in 1 contract
Sources: Note (Workstream Inc)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) any other Permitted IndebtednessIndebtedness incurred pursuant to the Settlement Agreement, the NPA or the SEPA).
Appears in 1 contract
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, guaranty or assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Convertible Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Sources: Secured Term Promissory Note (SpringBig Holdings, Inc.)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes (and the Guarantees thereof) and (ii) other Permitted Indebtedness).
Appears in 1 contract
Sources: Securities Purchase Agreement (Minrad International, Inc.)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, guarantee or assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Additional Notes upon issuance, and (ii) other Indebtedness for operational costs incurred in the normal course of business not to exceed $150,000 and expenses associated with D&O and general liability insurance policies (“Permitted Indebtedness”).
Appears in 1 contract
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Sources: Securities Purchase Agreement (Crumbs Bake Shop, Inc.)
Incurrence of Indebtedness. The Except for Permitted Indebtedness, the Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) any other Permitted IndebtednessIndebtedness incurred pursuant to the Purchase Agreement).
Appears in 1 contract
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Existing Secured Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Sources: Settlement Agreement (Avenir Wellness Solutions, Inc.)
Incurrence of Indebtedness. The So long as this Note is outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, guarantee or assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes Notes, and (ii) other Permitted Indebtedness).
Appears in 1 contract
Sources: Note Agreement (iQSTEL Inc)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, guarantee or assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Sources: Convertible Note (Mitesco, Inc.)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Incurrence of Indebtedness. The Prior to a Full Collateralization Event, so long as this Note is outstanding, the Company shall not, and the Company shall cause each not permit any of its Subsidiaries to notto, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Sources: Agreement of Merger and Plan of Reorganization (Eon Communications Corp)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness (that is senior to Indebtedness under the Notes other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract
Sources: Securities Purchase Agreement (Chromocell Therapeutics Corp)
Incurrence of Indebtedness. The Company shall not, and the Company shall cause each of its Subsidiaries to not, directly or indirectly, incur or guarantee, guaranty or assume or suffer to exist any Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Term Notes and (ii) other Permitted Indebtedness).
Appears in 1 contract