Common use of Pari Passu Notes Clause in Contracts

Pari Passu Notes. Investor acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon shall be pari passu in right of payment and in all other respects to the other Notes. In the event Investor receives payments in excess of its pro rata share of the Company’s payments to the Investors of all of the Notes, then Investor shall hold in trust all such excess payments for the benefit of the holders of the other Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Appears in 30 contracts

Samples: Note Subscription Agreement (Safe & Green Holdings Corp.), Note Subscription Agreement (Tenon Medical, Inc.), Note Subscription Agreement (Tenon Medical, Inc.)

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Pari Passu Notes. Investor acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon shall be pari passu in right of payment and in all other respects to the other Notes issued pursuant to the Note Purchase Agreement or pursuant to the terms of such Notes. In the event Investor receives payments in excess of its pro rata share of the Company’s payments to the Investors of all of the Notes, then Investor shall hold in trust all such excess payments for the benefit of the holders of the other Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Appears in 13 contracts

Samples: Registration Rights Agreement (MobileSmith, Inc.), Registration Rights Agreement (MobileSmith, Inc.), Laneaxis, Inc.

Pari Passu Notes. Investor acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon shall be pari passu in right of payment and in all other respects to the any other Notes. In the event Investor receives payments in excess of its pro rata share of the Company’s payments to the Investors holders of all of the Notes, then Investor shall hold in trust all such excess payments for the benefit of the holders of the other Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Appears in 11 contracts

Samples: Nuburu, Inc., Nuburu, Inc., Seldin David

Pari Passu Notes. Investor acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon shall be pari passu in right of payment and in all other respects to the other Notes. In the event Investor receives payments in excess of its pro rata share of the Company’s payments Notes issued pursuant to the Investors Note Purchase Agreement or pursuant to the terms of all of the such Notes, then Investor shall hold in trust all such excess payments for the benefit of the holders of the other Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Appears in 8 contracts

Samples: Convertible Subordinated Note Purchase Agreement (MobileSmith, Inc.), Convertible Subordinated Note Purchase Agreement (MobileSmith, Inc.), Convertible Subordinated Note Purchase Agreement (MobileSmith, Inc.)

Pari Passu Notes. Investor acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon shall be pari passu in right of payment and in all other respects to the other Notes. In the event Investor receives payments in excess of its pro rata share of the Company’s payments Notes issued pursuant to the Investors Convertible Promissory Note Agreement or pursuant to the terms of all of the such Notes, then Investor shall hold in trust all such excess payments for the benefit of the holders of the other Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Appears in 3 contracts

Samples: Convertible Promissory Note Agreement (Amarantus BioSciences, Inc.), Convertible Promissory Note Agreement (Amarantus BioSciences, Inc.), Convertible Promissory Note Agreement (Jumpkicks, Inc.)

Pari Passu Notes. Investor acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon shall be pari passu in right of payment and in all other respects to the other Notes. In the event Investor receives payments in excess of its pro rata share of the Company’s payments Notes issued pursuant to the Investors of all of Note Purchase Agreement or pursuant to the tcrn1sof such Notes, then Investor shall hold in trust all such excess payments for the benefit of the holders of the other Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Appears in 3 contracts

Samples: Note and Warrant Purchase Agreement (Amarantus BioSciences, Inc.), Note and Warrant Purchase Agreement (Amarantus BioSciences, Inc.), Note and Warrant Purchase Agreement (Jumpkicks, Inc.)

Pari Passu Notes. Investor acknowledges and agrees that the payment of all or any portion of the outstanding principal amount Principal Amount of this Note and all interest hereon shall be pari passu in right of payment and in all other respects to the other Investor Notes or pursuant to the terms of such Notes. In the event Investor receives payments in excess of its pro rata share Pro Rata Share of the Company’s aggregate concurrent payments to the Investors of all of the Investor Notes, then Investor shall hold in trust all such excess payments for the benefit of the holders Investors of the other Notes and shall pay such amounts held in trust to such other holders Investors upon demand by such holdersInvestors.

Appears in 2 contracts

Samples: China Cablecom Holdings, Ltd., China Networks International Holdings LTD

Pari Passu Notes. Investor acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon shall be pari passu in right of payment and in all other respects to the other Notes. In the event Investor receives payments in excess of its pro rata share of the Company’s payments to the Investors of all of the Notes, then Investor shall hold in trust all such excess payments for the benefit of the holders of the other Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Appears in 2 contracts

Samples: Exagen Diagnostics Inc, Exagen Diagnostics Inc

Pari Passu Notes. Investor acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon shall be pari passu in right of payment and in all other respects to the other Notes. In the event If Investor receives payments in excess of its pro rata share of the Company’s payments to the Investors of all of the Notes, then Investor shall hold in trust all such excess payments for the benefit of the holders of the other Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Appears in 2 contracts

Samples: Security Agreement (Response Biomedical Corp), Security Agreement (Response Biomedical Corp)

Pari Passu Notes. Investor acknowledges and agrees the Company each acknowledge and agree that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon shall be pari passu in right of payment and in all other respects to the any other Notes. In the event Investor receives payments in excess of its pro rata share of the Company’s payments to the Investors holders of all of the Notes, then Investor shall hold in trust all such excess payments for the benefit of the holders of the other Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Appears in 2 contracts

Samples: ConversionPoint Holdings, Inc., ConversionPoint Holdings, Inc.

Pari Passu Notes. The Investor acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon shall be pari passu in right of payment and in all other respects to the other Notes issued pursuant to the Purchase Agreement or pursuant to the terms of such Notes. In the event the Investor receives payments in excess of its pro rata share of the Company’s 's payments to the Investors of all of the Notes, then the Investor shall hold in trust all such excess payments for the benefit of the holders Investors of the other Notes and shall pay such amounts held in trust to such other holders Investors upon demand by such holdersInvestors.

Appears in 2 contracts

Samples: Purchase and Subscription Agreement (Bank One Corp), Purchase and Subscription Agreement (Bank One Corp)

Pari Passu Notes. Investor acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon shall be pari passu in right of payment and in all other respects to the other Investor Notes or pursuant to the terms of such Notes. In the event Investor receives payments in excess of its pro rata share Pro Rata Share of the Company’s aggregate concurrent payments to the Investors of all of the Investor Notes, then Investor shall hold in trust all such excess payments for the benefit of the holders Investors of the other Notes and shall pay such amounts held in trust to such other holders Investors upon demand by such holdersInvestors.

Appears in 1 contract

Samples: Chardan North China Acquisition Corp

Pari Passu Notes. Investor acknowledges and agrees that the The payment of all or any portion of the outstanding principal amount of this Note and all interest hereon shall will be pari passu in right of payment and in all other respects to the other Notes. In If the event Investor holder of this Note receives payments in excess of its pro rata share of the Company’s payments to the Investors holders of all of the Notes, then Investor shall the holder of this Note will hold in trust all such excess payments for the benefit of the holders of the other Notes and shall will pay such amounts held in trust to such other holders upon demand by such holders.

Appears in 1 contract

Samples: Jones Soda Co

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Pari Passu Notes. Investor acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon shall be pari passu in right of payment and in all other respects to the other Notes issued pursuant to the Securities Purchase Agreement or pursuant to the terms of such Notes. In the event Investor receives payments in excess of its pro rata share of the Company’s payments to the Investors of all of the Notes, then Investor shall hold in trust all such excess payments for the benefit of the holders of the other Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Appears in 1 contract

Samples: Securities Purchase Agreement (CurAegis Technologies, Inc.)

Pari Passu Notes. Investor acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon shall be pari pan passu in right of payment and in all other respects to the other Notes. In the event Investor receives payments in excess of its pro rata share of the Company’s 's payments to the Investors of all of the Notes, then Investor shall hold in trust all such excess payments for the benefit of the holders of the other Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Appears in 1 contract

Samples: Zap

Pari Passu Notes. Investor acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon shall be pari passu in right of payment and in all other respects to the other Notes. In the event Investor receives payments in excess of its pro rata share of the Company’s payments Notes issued pursuant to the Investors Reimbursement Agreement or pursuant to the terms of all of the such Notes, then Investor shall hold in trust all such excess payments for the benefit of the holders of the other Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Appears in 1 contract

Samples: Reimbursement Agreement (Smart Online Inc)

Pari Passu Notes. The Investor acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon shall be pari passu in right of payment and in all other respects to the other Notes. In the event Investor receives payments in excess of its pro rata share of the Company’s payments to the Investors of all of the Notes, then Investor shall hold in trust all such excess payments for the benefit of the holders of the other Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Appears in 1 contract

Samples: Quepasa Corp

Pari Passu Notes. Investor acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon shall be pari passu in right of payment and in all other respects to the other Notes issued pursuant to the Note Purchase Agreement or pursuant to the terms of such Notes. In the event Investor receives payments in excess of its pro rata share of the Company’s 's payments to the Investors of all of the Notes, then Investor shall hold in trust all such excess payments for the benefit of the holders of the other Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Appears in 1 contract

Samples: Security Agreement (Smart Online Inc)

Pari Passu Notes. Investor Xxxxxx acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this the Note and all interest hereon shall be pari passu in right of payment and in all other respects to the other Transaction Notes. In the event Investor Holder receives payments in excess of its pro rata share of the Company’s Borrower‛s payments to the Investors Holders of all of the Transaction Notes, then Investor Holder shall hold in trust all such excess payments for the benefit of the holders of the other Transaction Notes and shall pay such amounts held in trust to such other holders upon demand by such holders.

Appears in 1 contract

Samples: Subscription Agreement

Pari Passu Notes. Investor acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all interest hereon shall be pari passu in right of payment and in all other respects to the other Notes. In the event Investor receives payments in excess of its pro rata share of the Company’s payments to the Investors of holding all of the other Notes, then Investor shall hold in trust all such excess payments for the benefit of the holders of Investors holding the other Notes and shall pay such amounts held in trust to such other holders Investors upon demand by such holdersInvestors.

Appears in 1 contract

Samples: Note Purchase Agreement (TripBorn, Inc.)

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