Common use of Ranking of Notes Clause in Contracts

Ranking of Notes. No Indebtedness of the Company or any of its Subsidiaries is senior to the Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise. Except as set forth on Schedule 3(y), no Indebtedness of the Company or any of its Subsidiaries is 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 Company Companies or any of its Subsidiaries is their Subsidiaries, will rank senior to or pari passu with the Notes in right of paymentpayment or collectability, whether with respect of to payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise. Except as otherwise (other than Permitted Indebtedness set forth on Schedule 3(y), no Indebtedness under clause (iii) of the Company or any definition of its Subsidiaries is “Permitted Indebtedness,” which may be pari passu with the Notes this 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 (Qsgi Inc.), Securities Purchase Agreement (Qsgi Inc.)

Ranking of Notes. No Indebtedness of the Company or any of its Subsidiaries other than Permitted Senior Indebtedness (as defined in the Notes) is senior to the Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise. Except as set forth on Schedule 3(y), no Indebtedness of the Company or any of its Subsidiaries is 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 2 contracts

Sources: Securities Purchase Agreement, Securities Purchase Agreement (Inventergy Global, Inc.)

Ranking of Notes. No Indebtedness of the Company or any of its Subsidiaries is senior to or, except for Permitted Indebtedness (as defined in the Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise. Except as Notes) set forth on Schedule 3(yin clauses (i), no Indebtedness (ii), (iv) and (v) of the Company or any of its Subsidiaries is such definition, 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: Securities Purchase Agreement (Cryptyde, Inc.)

Ranking of Notes. No Indebtedness of the Company or any of its Subsidiaries is senior to the Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise. Except as set forth on Schedule 3(y), no No Indebtedness of the Company that is held by one or any more Subsidiaries of its Subsidiaries 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

Sources: Securities Purchase Agreement (Banro Corp)

Ranking of Notes. No Indebtedness of the Company or any of its Subsidiaries other than the Permitted Senior Indebtedness is senior to the Notes in right of payment, whether with respect of payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise. Except as set forth on Schedule 3(y), no Indebtedness of the Company or any of its Subsidiaries is 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: Securities Purchase Agreement (Real Goods Solar, Inc.)

Ranking of Notes. No Indebtedness of any of the Company Borrowers or any of its Subsidiaries is their Subsidiaries, will rank senior to or pari passu with the Notes in right of paymentpayment or collectability, whether with respect of to payment of redemptions, interest, damages or upon liquidation or dissolution or otherwise. Except as set forth on Schedule 3(y), no otherwise (other than Permitted Indebtedness of the Company or any of its Subsidiaries is which 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 1 contract

Sources: Financing Agreement (Jamba, Inc.)