As used in this Agreement, the following terms shall have the meanings specified below: 2013 Purchase Agreement shall have the meaning assigned to the term Purchase Agreement in the Existing Credit Agreement (as in effect on the Closing Date).
The Series B Preferred shares (the "Series B Preferred Shares") and the 2013 Warrants were issued pursuant to a Securities Purchase Agreement dated September 18, 2013 among the Company and certain of the Selling Shareholders (the "2013 Purchase Agreement").
The terms of the June 2013 Purchase Agreement shall apply to the Replacement Debenture and the Replacement Warrant.
Nothing in this Intercreditor Agreement shall have any effect on the right of each Pari Passu Lender to accelerate the maturity date of the 2013 Debt or the 2014 Debt, as applicable, pursuant to the terms of the 2013 Purchase Agreement or the 2014 Purchase Agreement as applicable, or to exercise all other rights, powers and remedies otherwise permitted by applicable law or under the 2013 Purchase Agreement or the 2014 Purchase Agreement or this Intercreditor Agreement.
Each Investor has declined to exercise such Investor's participation right set forth in the Original 2011 Securities Purchase Agreement with respect to either the transaction effected pursuant to the 2013 Purchase Agreement or the Company's issuance of convertible promissory notes on December 1, 2014, and thus no longer has any participation right with respect to either the transaction contemplated by the 2015 Purchase Agreement or future financings of the Company.