Common use of Pari Passu Notes Clause in Contracts

Pari Passu Notes. Purchaser acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all fees due hereunder shall be pari passu in right of payment and in all other respects with the other Notes. In the event Purchaser receives payments in excess of its pro rata share of the Borrower’s payments to the holders of all of the Notes, then Purchaser 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

Sources: Note Purchase Agreement (Umami Sustainable Seafood Inc.), Loan Extension and Additional Funding Agreement (Umami Sustainable Seafood Inc.)

Pari Passu Notes. Purchaser acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all fees due hereunder interest hereon shall be pari passu in right of payment and in all other respects with to the other Notes. In the event Purchaser receives payments in excess of its pro rata share of the BorrowerCompany’s payments to the holders Purchasers of all of the Notes, then Purchaser 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

Sources: Convertible Note (Fluent, Inc.), Convertible Subordinated Promissory Note (VerifyMe, Inc.)

Pari Passu Notes. Purchaser acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all fees due hereunder interest hereon and any Premium Payment and Additional Premium Payment shall be pari passu in right of payment and in all other respects with the other Notes. In the event Purchaser receives payments in excess of its pro rata share of the BorrowerIssuer’s payments to the holders of all of the Notes, then Purchaser 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

Sources: Loan Extension and Modification Agreement (ONE Bio, Corp.)

Pari Passu Notes. Purchaser acknowledges and agrees that the payment of all or any portion of the outstanding principal amount of this Note and all fees due hereunder interest hereon shall be pari passu in right of payment and in all other respects with the other Notes. In the event Purchaser receives payments in excess of its pro rata share of the BorrowerIssuer’s payments to the holders of all of the Notes, then Purchaser 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

Sources: Loan Extension and Modification Agreement (ONE Bio, Corp.)

Pari Passu Notes. By accepting this Note, the Purchaser acknowledges and agrees that the right of payment of all or any portion of the outstanding principal amount amounts of this Note each of the Notes and all fees due hereunder interest thereon shall be pari passu in right of payment and in all other respects with to all of the other Notes. In the event the Purchaser receives payments in excess of its pro rata share of the BorrowerCompany’s payments to all of the holders of all Purchasers in respect of the Notes, then such Purchaser shall hold in trust all such excess payments for the benefit of the holders of the other Notes Purchasers and shall pay such amounts held in trust to such other holders Purchasers upon demand by such holdersPurchasers.

Appears in 1 contract

Sources: Secured Subordinated Convertible Note and Warrant Purchase Agreement (Nupathe Inc.)