Ranking of Notes. No Indebtedness of any of the Borrowers or any of their Subsidiaries will rank senior to or pari passu with the Notes in right of payment or collectability, whether with respect to payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise (other than Permitted Indebtedness that is not Affiliate Indebtedness, which Permitted Indebtedness may be pari passu with the Notes in right of payment).
Appears in 2 contracts
Sources: Financing Agreement (Unigene Laboratories Inc), Financing Agreement (Unigene Laboratories Inc)
Ranking of Notes. No Indebtedness of any of the Borrowers Companies or any of their Subsidiaries Subsidiaries, will rank senior to or pari passu with the Notes in right of payment or collectability, whether with respect to payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise (other than Permitted Indebtedness that is not Affiliate set forth under clause (iii) of the definition of “Permitted Indebtedness, ,” which Permitted Indebtedness may be pari passu with the Notes this Note in right of payment).
Appears in 2 contracts
Sources: Securities Purchase Agreement (Qsgi Inc.), Securities Purchase Agreement (Qsgi Inc.)
Ranking of Notes. No Indebtedness of any of the Borrowers Company or any of their its Subsidiaries will rank is senior to or pari passu with the Notes in right of payment or collectabilitypayment, whether with respect to of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise (other than Permitted otherwise. Except as set forth on Schedule 3(y), no Indebtedness that of the Company or any of its Subsidiaries is not Affiliate Indebtedness, which Permitted Indebtedness may be 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 2 contracts
Sources: Securities Purchase Agreement (Clearwire Corp), Securities Purchase Agreement (Clearwire Corp)
Ranking of Notes. No Indebtedness of any of the Borrowers Company or any of their its Subsidiaries will rank other than Permitted Senior Indebtedness (as defined in the Notes) is senior to or ranks pari passu with the Notes in right of payment or collectabilitypayment, whether with respect to of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise (other than Permitted Indebtedness that is not Affiliate Indebtedness, which Permitted Indebtedness may be pari passu with the Notes in right of payment)otherwise.
Appears in 2 contracts
Sources: Securities Purchase Agreement, Securities Purchase Agreement (Inventergy Global, Inc.)
Ranking of Notes. No Except as set forth on Schedule (ee) and for Permitted Senior Indebtedness of any of (as defined in the Borrowers or any of their Subsidiaries will 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 or collectabilitypayment, whether with respect to of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise (other than Permitted Indebtedness that is not Affiliate Indebtedness, which Permitted Indebtedness may be pari passu with the Notes in right of payment)otherwise.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Ascendia Brands, Inc.), Securities Purchase Agreement (Ascendia Brands, Inc.)
Ranking of Notes. No Other than Permitted Senior Indebtedness (as defined in the Notes), no Indebtedness of any of the Borrowers or any of their Subsidiaries will rank Company is senior to or ranks pari passu with the Notes in right of payment or collectabilitypayment, whether with respect to of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise otherwise. Other than in connection with Permitted Liens (other than Permitted as defined in the Notes), no Indebtedness that of the Company is not Affiliate Indebtedness, which Permitted Indebtedness may be pari passu with secured by any assets of the Notes in right of payment)Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Third Wave Technologies Inc /Wi), Securities Purchase Agreement (Ista Pharmaceuticals Inc)
Ranking of Notes. No Indebtedness of any of the Borrowers Company or any of their its Subsidiaries will rank other than the Permitted Senior Indebtedness is senior to or ranks pari passu with the Notes in right of payment or collectabilitypayment, whether with respect to of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise (other than Permitted Indebtedness that is not Affiliate Indebtedness, which Permitted Indebtedness may be pari passu with the Notes in right of payment)otherwise.
Appears in 1 contract
Sources: Securities Purchase Agreement (Real Goods Solar, Inc.)
Ranking of Notes. No Indebtedness of any of the Borrowers or any of their Subsidiaries Subsidiaries, will rank senior to or pari passu with the Notes in right of payment or collectability, whether with respect to payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise (other than Permitted Indebtedness that is not Affiliate Indebtedness, which Permitted Indebtedness may be pari passu with the Notes in right of payment).
Appears in 1 contract
Sources: Financing Agreement (Jamba, Inc.)
Ranking of Notes. No Indebtedness of any of the Borrowers Company or any of their its Subsidiaries will rank is senior to or or, except for Permitted Indebtedness (as defined in the Notes) set forth in clauses (i), (ii), (iv) and (v) of such definition, ranks pari passu with the Notes in right of payment or collectabilitypayment, whether with respect to of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise (other than Permitted Indebtedness that is not Affiliate Indebtedness, which Permitted Indebtedness may be pari passu with the Notes in right of payment)otherwise.
Appears in 1 contract
Ranking of Notes. No Indebtedness of any of the Borrowers Company or any of their its Subsidiaries will rank is senior to or pari passu with the Notes in right of payment or collectabilitypayment, whether with respect to of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise (other than Permitted otherwise. No Indebtedness of the Company that is not Affiliate Indebtedness, which Permitted Indebtedness may be held by one or more Subsidiaries of the Company is senior or 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