Incurrence of Indebtedness. So long as this Note is outstanding, the Company shall not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, other than Permitted Indebtedness.
Appears in 14 contracts
Samples: SANUWAVE Health, Inc., SANUWAVE Health, Inc., SANUWAVE Health, Inc.
Incurrence of Indebtedness. So long as this Note is outstanding, the The Company shall not, and the Company shall not permit any cause each of its Subsidiaries toto not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 13 contracts
Samples: Securities Purchase Agreement (GigCapital5, Inc.), Securities Purchase Agreement (EF Hutton Acquisition Corp I), Waiver and Amendment Agreement (Aclarion, Inc.)
Incurrence of Indebtedness. So long as this Note is outstanding, the The Company shall not, and the Company shall not permit any cause each of its Subsidiaries toto not, directly or indirectly, incur or guarantee, guarantee or assume or suffer to exist any Indebtedness, Indebtedness (other than (i) this Note and the Additional Note(s) upon issuance, and (ii) Permitted Indebtedness).
Appears in 9 contracts
Samples: SEALSQ Corp, SEALSQ Corp, SEALSQ Corp
Incurrence of Indebtedness. So long as this Note is outstanding, the The Company shall not, and the Company shall not permit any cause each of its Subsidiaries toto not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) Permitted Indebtedness).
Appears in 6 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Pacific Ethanol, Inc.), Security Agreement (Pacific Ethanol, Inc.)
Incurrence of Indebtedness. So long as this Note is outstanding, the Company shall not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, other than (i) the Indebtedness evidenced by the Notes, (ii) Permitted IndebtednessIndebtedness and (iii) Indebtedness incurred solely to repay the Notes at Maturity and which has a maturity later than and is pari passu or junior in right of payment to the Notes.
Appears in 5 contracts
Samples: Security Agreement (Security Devices International Inc.), Security Agreement (Security Devices International Inc.), Security Agreement
Incurrence of Indebtedness. So long as this Note is outstanding, the The Company shall not, and the Company shall not permit any cause each of its Subsidiaries toto not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, Indebtedness (other than Permitted Indebtedness).
Appears in 4 contracts
Samples: Securities Purchase Agreement (Digital Health Acquisition Corp.), Securities Purchase Agreement (Corindus Vascular Robotics, Inc.), Registration Rights Agreement (Majesco Entertainment Co)
Incurrence of Indebtedness. So long as this Note is outstanding, the The Company shall not, and the Company shall not permit any cause each of its Subsidiaries tosubsidiaries to not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, Indebtedness (other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness).
Appears in 4 contracts
Samples: Amendment Agreement (Repros Therapeutics Inc.), Amendment Agreement (Repros Therapeutics Inc.), Amendment Agreement (Repros Therapeutics Inc.)
Incurrence of Indebtedness. So long as this Note is outstanding, the Company shall not, and the Company shall not permit any of its Subsidiaries subsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, other than Permitted Indebtedness.
Appears in 3 contracts
Samples: Exchange Agreement (Altimmune, Inc.), Exchange Agreement (Altimmune, Inc.), Securities Purchase Agreement (Third Wave Technologies Inc /Wi)
Incurrence of Indebtedness. So long as this Note is the Notes are outstanding, the no Company shall, and no Company shall not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, create, incur or guarantee, assume assume, or suffer to exist any IndebtednessIndebtedness or engage in any sale and leaseback, synthetic lease or similar transaction, other than (i) the Indebtedness evidenced by the Notes and (ii) Permitted Indebtedness.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Qsgi Inc.), Securities Purchase Agreement (Qsgi Inc.)
Incurrence of Indebtedness. So long as this Note is any Obligations are outstanding, the Company shall not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, other than Permitted Indebtedness.
Appears in 2 contracts
Samples: Senior Secured Convertible Note and Warrant Purchase Agreement (Zap), Securities Purchase Agreement (Zap)
Incurrence of Indebtedness. So long as this Note is outstanding, the The Company shall not, and the Company shall not permit any cause each of its Subsidiaries toto not, directly or indirectly, incur or guarantee, guarantee or assume or suffer to exist any Indebtedness, Indebtedness (other than (i) this Note, the Other Notes, and the Additional Notes upon issuance, and (ii) Permitted Indebtedness).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Tuatara Capital Acquisition Corp), SpringBig Holdings, Inc.
Incurrence of Indebtedness. So long as this Note is outstanding, the Company shall not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, Indebtedness other than (i) the Indebtedness evidenced by the Notes and (ii) Permitted Indebtedness.
Appears in 2 contracts
Samples: Security Agreement (Response Biomedical Corp), Security Agreement (Response Biomedical Corp)
Incurrence of Indebtedness. So long as this Note is outstanding, the The Company shall not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, other than Permitted Indebtedness.
Appears in 2 contracts
Samples: Panacea Life Sciences Holdings, Inc., Panacea Life Sciences Holdings, Inc.
Incurrence of Indebtedness. So long as this Note is outstandingOther than Permitted Indebtedness, the Company shall not, and the Company shall not permit any cause each of its Subsidiaries toto not, directly or indirectly, enter into, incur or guarantee, assume or suffer to exist any IndebtednessIndebtedness for borrowed money of any kind, other than Permitted Indebtednessincluding, but not limited to, a guarantee.
Appears in 2 contracts
Samples: Subsidiary Guarantee (Baxano Surgical, Inc.), Securities Purchase Agreement (Baxano Surgical, Inc.)
Incurrence of Indebtedness. So long as this Note is outstanding, the The Company shall not, and the Company shall not permit any cause each of its Subsidiaries toto not, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtednesssenior, non-convertible Indebtedness for borrowed money, other than any such Indebtedness comprising Permitted Indebtedness.
Appears in 2 contracts
Samples: Dolphin Entertainment, Inc., Dolphin Entertainment, Inc.
Incurrence of Indebtedness. So long as this Note is outstanding, the The Company shall not, and the Company shall not permit any cause each of its Subsidiaries toto not, directly or indirectly, incur or guarantee, guarantee or assume or suffer to exist any Indebtedness, other than (i) this Note and any Additional Note upon issuance, and (ii) Permitted Indebtedness.
Appears in 2 contracts
Samples: Healthcare Triangle, Inc., Healthcare Triangle, Inc.
Incurrence of Indebtedness. So long as this Note is outstanding, the The Company shall not, and the Company shall not permit any cause each of its Subsidiaries toto not, directly or indirectly, incur or guarantee, guarantee or assume or suffer to exist any Indebtedness, other than (i) this Note and the Additional Note upon issuance, and (ii) Permitted Indebtedness.
Appears in 2 contracts
Samples: Caravelle International Group, Trio Petroleum Corp.
Incurrence of Indebtedness. So long as this Note is outstanding, the Company shall not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) other Permitted Indebtedness.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Rancher Energy Corp.), Inksure Technologies Inc.
Incurrence of Indebtedness. So long as this Note is outstandingthe Notes are Outstanding, the Company shall not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, other than Permitted Indebtedness.(i) the Indebtedness evidenced by the Notes and (ii)
Appears in 2 contracts
Samples: Indenture (FP Technology, Inc.), AFG Enterprises USA, Inc.
Incurrence of Indebtedness. So long as this Note is outstanding, the Company shall (and shall use its commercially reasonable efforts to cause the Parent and the Parent's other Subsidiaries) not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, other than Permitted Indebtedness.
Appears in 1 contract
Incurrence of Indebtedness. So long as this Note is outstanding, the Company shall not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) Permitted Indebtedness. As used herein, “Permitted Indebtedness” means (A) Senior Indebtedness; and (B) Permitted Subordinated Indebtedness.
Appears in 1 contract
Incurrence of Indebtedness. So long as this Note is outstanding, the Company shall not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes, (ii) Senior Indebtedness, and (iii) Permitted Subordinated Indebtedness.
Appears in 1 contract
Incurrence of Indebtedness. So long as this Note is outstanding, the Company shall not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, other than (i) the Indebtedness evidenced by the Notes and (ii) Permitted IndebtednessIndebtedness (as defined in the Notes).
Appears in 1 contract
Incurrence of Indebtedness. So long as this Note is outstanding, the Company shall not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, other than Permitted Indebtedness.
Appears in 1 contract
Samples: Securities Purchase Agreement (Biovest International Inc)
Incurrence of Indebtedness. So Prior to a Full Collateralization Event, so long as this Note is outstanding, the Company shall not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, other than Permitted Indebtedness.
Appears in 1 contract
Samples: Agreement of Merger and Plan of Reorganization (Eon Communications Corp)
Incurrence of Indebtedness. So long as this Note is outstanding, the Company shall not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, other than (i) the Indebtedness evidenced by this Note and (ii) Permitted Indebtedness.
Appears in 1 contract
Incurrence of Indebtedness. So long as this Convertible Note is outstanding, the Company shall not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, other than (i) the Indebtedness evidenced by this Convertible Note and the Additional Convertible Notes and (ii) other Permitted Indebtedness.
Appears in 1 contract
Samples: WorldSpace, Inc
Incurrence of Indebtedness. So long as this Note is outstanding, the Company shall not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes and (ii) Permitted Indebtedness.
Appears in 1 contract
Samples: Securities Purchase Agreement (Composite Technology Corp)
Incurrence of Indebtedness. So long as this Note is outstanding, the The Company shall not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, other than (i) the Indebtedness evidenced by this Note and the Other Notes (and the Guarantees thereof) and (ii) other Permitted Indebtedness.
Appears in 1 contract
Samples: Securities Purchase Agreement (Minrad International, Inc.)
Incurrence of Indebtedness. So long as this Note is outstanding, the Company shall not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, other than (i) the Indebtedness evidenced by this Note and the other Notes and (ii) Permitted Indebtedness.
Appears in 1 contract
Samples: Securities Purchase Agreement (Charys Holding Co Inc)
Incurrence of Indebtedness. So long as this Note is outstanding, the The Company shall not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, incur or guarantee, guarantee or assume or suffer to exist any Indebtedness, Indebtedness (other than (i) the Notes, and (ii) Permitted Indebtedness).
Appears in 1 contract
Samples: iQSTEL Inc
Incurrence of Indebtedness. So long as this Note is outstanding, the Company shall not, and the Company shall not permit any of its Subsidiaries to, directly or indirectly, incur or guarantee, assume or suffer to exist any Indebtedness, other than (i) the Indebtedness evidenced by the Notes and (ii) Permitted Indebtedness.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (PDG Environmental Inc)
