Senior Creditor Sample Clauses

Senior Creditor. Appointed Attorney-in-Fact. Junior Creditor hereby appoints Senior Creditor Junior Creditor's attorney-in-fact, with full power of substitution, for the purpose of taking such action and executing agreements, instruments and other documents in the name of Junior Creditor, or otherwise, as Senior Creditor may deem necessary or advisable to accomplish the purposes hereof, which appointment is coupled with an interest and is irrevocable.
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Senior Creditor. Hercules Technology II, L.P.
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Senior Creditor. The Senior Creditor represents and warrants to and --------------- covenants and agrees with the Subordinated Creditor as follows:
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Senior Creditor. 11 Stock ............................................................ 11 Stockholder ...................................................... 11 Subsidiary ....................................................... 11
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Senior Creditor. Hercules Technology Growth Capital, Inc. Signature: Print Name: X. Xxxxxxxx Martitsch Title: Associate General Counsel SUBORDINATED CREDITORS: Iroquois Capital LP Signature: Print Name: Title: Cranshire Capital, L.P. Signature: Print Name: Title: Portside Growth and Opportunity Fund Signature: Print Name: Title: Xxxxxxxx Investment Master Fund Ltd. Signature: Print Name: Title: The undersigned hereby accepts and consents to the foregoing Agreement and agrees to be bound by all of the provisions thereof and to recognize all priorities and other rights granted by Subordinated Creditor thereby or thereunder to Senior Creditor and to pay Senior Creditor in accordance therewith. BORROWER: Diomed Holdings, Inc. By: Name: Title: Diomed, Inc. By: Name: Title:
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Senior Creditor. EMPERY TAX EFFICIENT, LP By: Empery Asset Management, LP, its authorized agent By: /s/ Name: Bxxxx Director Title: General Counsel of Empery Asset Management, LP, its authorized agent BORROWER: MUSCLEPHARM CORPORATION By: Name: Title: INTERCREDITOR AND SUBORDINATION AGREEMENT EXHIBIT G PERFECTION CERTIFICATE October 13, 2021 Reference is made to (i) the Securities Purchase Agreement (the “Securities Purchase Agreement”), dated as of the date hereof, by and among MusclePharm Corporation, a Nevada corporation (“MusclePharm”), and each of the purchasers party thereto (the “Purchasers”) and (ii) each of the Notes, dated the date hereof (the “Notes”), by MusclePharm in favor of each of the Purchasers.
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Senior Creditor. The Senior Creditor hereby represents and warrants to the Junior Creditors as follows:
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Related to Senior Creditor

  • Secured Creditors 14. (a) Merger Sub has no secured creditors and has granted no fixed or floating security interests that are outstanding as at the date of this Plan of Merger; and

  • Secured Party In performing its obligations under this Agreement, the Secured Party is subject to, and entitled to the benefits of, the terms of the Indenture that apply to the Indenture Trustee.

  • Debtor-Creditor Relationship The relationship between the Lenders and Agent, on the one hand, and the Loan Parties, on the other hand, is solely that of creditor and debtor. No member of the Lender Group has (or shall be deemed to have) any fiduciary relationship or duty to any Loan Party arising out of or in connection with the Loan Documents or the transactions contemplated thereby, and there is no agency or joint venture relationship between the members of the Lender Group, on the one hand, and the Loan Parties, on the other hand, by virtue of any Loan Document or any transaction contemplated therein.

  • Unsecured General Creditor The Company shall neither reserve nor specifically set aside funds for the payment of its obligations under this Agreement, and such obligations shall be paid solely from the general assets of the Company.

  • Senior Debt The Obligations constitute “Senior Indebtedness” (or any comparable term) or “Senior Secured Financing” (or any comparable term) under, and as defined in, the documentation governing, any Indebtedness that is subordinated to the Obligations expressly by its terms.

  • Senior Loan Documents Borrower represents and warrants that it has provided PFG with true and complete copies of all existing Senior Loan Documents, and Borrower covenants that it will, in the future, provide PFG with true and complete copies of any future Senior Loan Documents, including without limitation any amendments to any existing Senior Loan Documents.

  • Secured Bank Product Provider (a) Bank of America or any of its Affiliates; and (b) any other Lender or Affiliate of a Lender that is providing a Bank Product, provided such provider delivers written notice to Agent, in form and substance satisfactory to Agent, within 10 days following the later of the Closing Date or creation of the Bank Product, (i) describing the Bank Product and setting forth the maximum amount to be secured by the Collateral and the methodology to be used in calculating such amount, and (ii) agreeing to be bound by Section 12.13. Secured Parties: Agent, Issuing Bank, Lenders and Secured Bank Product Providers.

  • Subordinated Debt Documents Subject to Section 10.6(m), the failure of any Loan Party to comply with the terms of any intercreditor agreement or any subordination provisions of any note or other document running to the benefit of the Administrative Agent or Lenders, or if any such document becomes null and void or unenforceable against any lender holding the Subordinated Debt.

  • Secured Parties Each Secured Party that is not a party to the Credit Agreement who obtains the benefit of this Agreement shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such Secured Party, the Administrative Agent and each of its Affiliates shall be entitled to all of the rights, benefits and immunities conferred under Article IX of the Credit Agreement.

  • Senior Debt Status The Obligations of each Loan Party under this Agreement, the Notes, the Guaranty Agreement and each of the other Loan Documents to which it is a party do rank and will rank at least pari passu in priority of payment with all other Indebtedness of such Loan Party except Indebtedness of such Loan Party to the extent secured by Permitted Liens. There is no Lien upon or with respect to any of the properties or income of any Loan Party or Subsidiary of any Loan Party which secures indebtedness or other obligations of any Person except for Permitted Liens.

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