Ranking of Notes. Except as set forth on Schedule (ee) and for Permitted Senior Indebtedness (as defined in the Notes) (and such other indebtedness as permitted by such Permitted Senior Indebtedness to rank senior to the Notes), no Indebtedness of the Company is senior to or ranks pari passu with the Aggregate Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Ascendia Brands, Inc.), Securities Purchase Agreement (Ascendia Brands, Inc.)
Ranking of Notes. Except as set forth on Schedule (ee) and for Other than Permitted Senior Indebtedness (as defined in the Notes) (and such other indebtedness as permitted by such Permitted Senior Indebtedness to rank senior to the Notes), no Indebtedness of the Company is senior to or ranks pari passu with the Aggregate Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise. Other than in connection with Permitted Liens (as defined in the Notes), no Indebtedness of the Company is secured by any assets of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Third Wave Technologies Inc /Wi), Securities Purchase Agreement (Ista Pharmaceuticals Inc)
Ranking of Notes. Except as set forth on Schedule (ee) and for Permitted the Senior Indebtedness Debt (as defined in the Notes) (and such other indebtedness form of Note attached as permitted by such Permitted Senior Indebtedness to rank senior to the NotesExhibit A hereto), no Indebtedness indebtedness of the Company is senior to or ranks pari passu with the Aggregate Notes in right of payment, whether with respect of payment of redemptions, interest, interest damages or upon liquidation or dissolution or otherwise.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Rita Medical Systems Inc), Securities Purchase Agreement (Rita Medical Systems Inc)
Ranking of Notes. Except as set forth on Schedule (ee) and for No Indebtedness of the Company or any of its Subsidiaries other than Permitted Senior Indebtedness (as defined in the Notes) (and such other indebtedness as permitted by such Permitted Senior Indebtedness to rank senior to the Notes), no Indebtedness of the Company is senior to or ranks pari passu with the Aggregate Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.
Appears in 2 contracts
Sources: Securities Purchase Agreement, Securities Purchase Agreement (Inventergy Global, Inc.)
Ranking of Notes. Except as set forth on Schedule (ee) and for Permitted Senior No Indebtedness (as defined in of any of the Notes) (and such other indebtedness as permitted by such Permitted Senior Indebtedness to Companies or any of their Subsidiaries, will rank senior to the Notes), no Indebtedness of the Company is senior to or ranks pari passu with the Aggregate Notes in right of paymentpayment or collectability, whether with respect of to payment of redemptions, interest, damages or upon liquidation or dissolution or otherwiseotherwise (other than Permitted Indebtedness set forth under clause (iii) of the definition of “Permitted Indebtedness,” which may be pari passu with this Note in right of payment).
Appears in 2 contracts
Sources: Securities Purchase Agreement (Qsgi Inc.), Securities Purchase Agreement (Qsgi Inc.)
Ranking of Notes. Except as set forth on Schedule (ee) and for Permitted Senior Indebtedness (as defined in the Notes) (and such other indebtedness as permitted by such Permitted Senior Indebtedness to rank senior to the Notes), no No Indebtedness of the Company is senior to or ranks pari passu with the Aggregate Notes or Amended Vicis Note in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Ambient Corp /Ny), Securities Purchase Agreement (Ambient Corp /Ny)
Ranking of Notes. Except as set forth on Schedule (ee) and No Indebtedness of the Company or any of its Subsidiaries is senior to or, except for Permitted Senior Indebtedness (as defined in the Notes) set forth in clauses (and such other indebtedness as permitted by such Permitted Senior Indebtedness to rank senior to the Notesi), no Indebtedness (ii), (iv) and (v) of the Company is senior to or such definition, ranks pari passu with the Aggregate Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.
Appears in 1 contract
Ranking of Notes. Except as set forth on Schedule (ee) and for Permitted Other than Senior Indebtedness (as defined in the Notes) (and such other indebtedness as permitted by such Permitted Senior Indebtedness to rank senior to the Notes), no Indebtedness of the Company is senior to or ranks pari passu with the Aggregate Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.
Appears in 1 contract
Sources: Securities Purchase Agreement (International Assets Holding Corp)
Ranking of Notes. Except as set forth on Schedule (ee) and for Other than Permitted Senior Indebtedness (as defined in the Notes) (and such other indebtedness as permitted by such Permitted Senior Indebtedness to rank senior to the Notes), no Indebtedness of either of the Company Companies is senior to or ranks pari passu with the Aggregate Notes in right of payment, whether with respect of to payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise. Other than in connection with Permitted Liens (as defined in the Notes), no Indebtedness of either of the Companies is secured by any assets of either of the Companies.
Appears in 1 contract
Ranking of Notes. Except as set forth on Schedule (ee) and for Permitted Senior Indebtedness (as defined in the Notes) (and such other indebtedness as permitted by such Permitted Senior Indebtedness to rank senior to the Notes), no Indebtedness of the Company is senior to or ranks pari passu with the Aggregate Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.
Appears in 1 contract
Ranking of Notes. Except as set forth on Schedule (ee) and for Permitted the Senior Indebtedness (as defined in the Notes) (and such other indebtedness as permitted by such Permitted Senior Indebtedness to rank senior to the Notes)Indebtedness, no Indebtedness of the Company Holdings is senior to or ranks pari passu with the Aggregate Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.
Appears in 1 contract
Sources: Joinder Agreement (Global Employment Holdings, Inc.)
Ranking of Notes. Except as set forth on Schedule (ee) and for Permitted Senior Indebtedness (as defined in the Notes) and the Existing Notes (and such other indebtedness as permitted by such Permitted Senior Indebtedness to rank senior to defined in the Notes), no Indebtedness of the Company is senior to or ranks pari passu with the Aggregate Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.
Appears in 1 contract
Ranking of Notes. Except as set forth on Schedule (ee) and for Permitted Senior Indebtedness (as defined in the Notes) (and such other indebtedness as permitted by such Permitted Senior Indebtedness to rank senior to the Notes)Debt, no Indebtedness Debt of the Company is senior to or ranks pari passu with the Aggregate Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.
Appears in 1 contract
Sources: Securities Purchase Agreement (VeruTEK Technologies, Inc.)
Ranking of Notes. Except as set forth on Schedule (ee) and for Permitted Senior Indebtedness (as defined disclosed or described in the Notes) (Recent SEC Documents, and such other indebtedness as permitted by such Permitted Senior except for Indebtedness to rank senior to under the Notes)Financing Facilities, no Indebtedness of the Company is senior to or ranks pari passu with the Aggregate Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.
Appears in 1 contract
Ranking of Notes. Except as set forth on Schedule (ee) and for Permitted Senior Indebtedness (as defined in the Notes) (and such other indebtedness as permitted by such Permitted Senior Indebtedness to rank senior to the Notes), no No Indebtedness of the Company or any of its Subsidiaries other than the Permitted Senior Indebtedness is senior to or ranks pari passu with the Aggregate Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.
Appears in 1 contract
Sources: Securities Purchase Agreement (Real Goods Solar, Inc.)
Ranking of Notes. Except as set forth on Schedule (ee) for the Existing Debt and for Permitted Senior Indebtedness Future Debt (as defined in the Notes) (and such other indebtedness Convertible Note term sheet attached as permitted by such Permitted Senior Indebtedness to rank senior to the NotesExhibit A hereto), no Indebtedness indebtedness of the Company is senior to or ranks pari passu with the Aggregate Notes in right of payment, whether with respect of payment of redemptions, interest, interest damages or upon liquidation or dissolution or otherwise.
Appears in 1 contract
Sources: Securities Purchase Agreement (Cardiodynamics International Corp)
Ranking of Notes. Except as set forth on Schedule (ee) and for Other than Permitted Senior Indebtedness (as defined in the Notes) and the Redemption Notes (and such other indebtedness as permitted by such Permitted Senior Indebtedness to rank senior prior to the Notesredemption of such Redemption Notes at the Closing), no Indebtedness of the Company is Company, at the Closing, will be senior to to, or ranks pari passu with with, the Aggregate Notes in right of payment, whether with respect of to payment of or redemptions, interest, damages or damages, upon liquidation or dissolution or otherwise.
Appears in 1 contract
Ranking of Notes. Except as set forth on Schedule (ee) and for Permitted Senior Indebtedness (as defined in the Notes) (and such other indebtedness as permitted by such Permitted Senior Indebtedness to rank senior to the Notes), no No Indebtedness of the Company is senior to or ranks pari passu with the Aggregate Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise. No Indebtedness of Corrigent is senior to or ranks pari passu with the Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise.
Appears in 1 contract
Sources: Note Purchase Agreement (Orckit Communications LTD)
Ranking of Notes. Except as set forth on Schedule (ee) and for Permitted with respect to the "Senior Indebtedness Debt" (as defined in the Notes) (and such other indebtedness as permitted by such Permitted Senior Indebtedness to rank Note), which is senior to the Notes)Note in all respects, no Indebtedness indebtedness of the Company is ranks senior to or ranks pari passu with the Aggregate Notes Note in right of payment, whether with respect of payment of redemptionsprincipal, interest, damages or upon liquidation or dissolution or otherwise.
Appears in 1 contract
Sources: Securities Purchase Agreement (Infinity Energy Resources, Inc)