EXHIBIT 10.3 SECOND AMENDED AND RESTATED DEBT SUBORDINATION AGREEMENT THIS AGREEMENT effective as of the 5th day of May, 2006, by and among KEVIN J. THOMAS, an individual (the "Creditor"), ARGAN, INC., a Delaware corporation ("Argan"), SOUTHERN...Debt Subordination Agreement • May 11th, 2006 • Argan Inc • Medicinal chemicals & botanical products • Connecticut
Debt Subordination AgreementDebt Subordination Agreement • September 6th, 2016 • Kanis S.A. • Industrial & commercial fans & blowers & air purifing equip • California
This Debt Subordination Agreement is executed by the above-named Creditor (“Creditor”) in favor of Haldor Topsøe A/S (“Lender”), with respect to the above-named borrower (“Borrower”). In order to induce Lender to extend or continue to extend financing to the Borrower (but without obligation on Lender’s part to do so), Creditor hereby agrees as follows:
RecitalsDebt Subordination Agreement • March 30th, 2000 • Special Metals Corp • Steel works, blast furnaces & rolling & finishing mills • New York
EXHIBIT 10.32 DEBT SUBORDINATION AGREEMENT This Agreement is entered into as of the 20th day of July, 1995, by K-TEL INTERNATIONAL (USA), INC. (the "Creditor"), for the benefit of TCF BANK MINNESOTA FSB, a federally chartered stock savings bank (the...Debt Subordination Agreement • October 12th, 1995 • K Tel International Inc • Phonograph records & prerecorded audio tapes & disks
ContractDebt Subordination Agreement • May 5th, 2020 • New York
EX-10.2 3 ex10_2.htm EXHIBIT 10.2 Exhibit 10.2 Execution Version Amended and Restated Second Lien Credit Agreement among Turning Point Brands, Inc., as Borrower, The Guarantors from time to time party hereto, The Lenders from time to time party hereto, Prospect Capital Corporation, a Maryland corporation, as Administrative Agent and Fifth Third Bank, an Ohio banking corporation, as Administrative Sub-Agent Dated as of March 7, 2018 Fifth Third Bank, as Lead Arranger and Sole Book Runner Table of Contents
Debt Subordination Agreement Upon Acceleration Event OnlyDebt Subordination Agreement • May 11th, 2012 • CalAmp Corp. • Radio & tv broadcasting & communications equipment • North Carolina
This Debt Subordination Agreement Upon Acceleration Event Only is executed by the above-named Creditor (the "Creditor") in favor of SQUARE 1 BANK (“Lender”), whose address is 406 Blackwell Street, Suite 240, Durham, North Carolina 27701, with respect to the above-named obligors (jointly and severally, "Obligor"). In order to induce Lender to extend or continue to extend financing to the Obligor (but without obligation on Lender’s part to do so), the Creditor hereby agrees as follows:
DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • January 8th, 2008 • Widepoint Corp • Services-computer integrated systems design • Virginia
DATE AND PARTIES. The date of this Debt Subordination Agreement (Agreement) is January 2, 2008. The parties and their addresses are:
EXHIBIT 10.3 ------------------------------------------------------------------ -------------- BORROWER NAME AND ADDRESS SUBORDINATING CREDITOR LENDER NAME AND ADDRESS CORVU NORTH AMERICA, INC. NAME AND ADDRESS COMMERCE BANK 3400 W. 66th STREET, CORVU...Debt Subordination Agreement • February 14th, 2005 • Corvu Corp • Services-prepackaged software
DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • December 28th, 2006 • Siouxland Ethanol, LLC • Industrial organic chemicals • Nebraska
THIS DEBT SUBORDINATION AGREEMENT (“Agreement”) is made and entered into as of September 28, 2006, among Wells Fargo Bank, National Association, in Lincoln, Nebraska, as trustee (the “Creditor”) for the owners of the $4,030,000 Community Redevelopment Authority of the Village of Jackson, Nebraska, Tax Increment Revenue Bonds, Taxable Series 2006A (Siouxland Ethanol Plant Project) (the “Series 2006A Bonds”) pursuant to that certain Bond Resolution, dated as of July 20, 2006 (the “Bond Resolution”), and Siouxland Ethanol, LLC (“the Company”), and Farm Credit Services of America, FLCA (“FCSA”).
ContractDebt Subordination Agreement • May 12th, 2011 • International Textile Group Inc • Textile mill products • New York
THIS INSTRUMENT AND THE RIGHTS AND OBLIGATIONS EVIDENCED HEREBY ARE SUBORDINATED PURSUANT TO THE TERMS OF (1) THE DEBT SUBORDINATION AGREEMENT DATED AS OF DECEMBER 3, 2007, AMONG WLR RECOVERY FUND III, L.P., AS SUBORDINATE CREDITOR, MAKER, AS DEBTOR AND GENERAL ELECTRIC CAPITAL CORPORATION, AS AGENT (THE "GE DEBT SUBORDINATION AGREEMENT"), AND (2) THE AMENDED AND RESTATED DEBT SUBORDINATION AGREEMENT DATED AS OF DECEMBER 22, 2009, AMONG WLR RECOVERY FUND III, L.P., WLR IV PARALLEL ESC, L.P. AND WLR RECOVERY FUND IV, L.P., AS SUBORDINATE CREDITORS, MAKER, AS DEBTOR AND THE PURCHASERS NAMED THEREIN (THE "NOTEHOLDER DEBT SUBORDINATION AGREEMENT"), AND PAYEE AND EACH OTHER HOLDER OF THIS INSTRUMENT, BY ITS ACCEPTANCE HEREOF, ACKNOWLEDGES AND AGREES TO SUCH SUBORDINATION.
DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • March 16th, 2009 • Deep Down, Inc. • Oil & gas field machinery & equipment • Maine
For valuable consideration, receipt whereof is hereby acknowledged, and in consideration of all loans, advances, discounts, renewals or extensions now or hereafter made, given or continued by TD BANK, N.A., a banking corporation organized under the laws of the United States of America, with a place of business at One Portland Square, Portland, Maine, and a mailing address of P.O. Box 9540, Portland, Maine 04112-9540 (hereinafter called the "Bank") to or for the account of FLOTATION TECHNOLOGIES, INC. (hereinafter called the "Borrower"), the Borrower and DEEP DOWN, INC. (hereinafter the “Parent Company”) agree with the Bank as follows:
DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • May 5th, 2020 • Indiana
DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • September 11th, 2008 • General Automotive Co • Services-motion picture & video tape production
In consideration of the line of credit to OE SOURCE, L.C., (hereinafter called "Debtor"), undersigned hereby agrees that any and all liability that said Debtor may now or hereafter owe to undersigned shall be subordinate and junior to any and all liability said Debtor may now or hereafter owe to you direct or contingent. Undersigned also agree that any collateral that undersigned shall have to secure its indebtedness will be subordinate and junior to you.
DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • November 28th, 2005 • Sten Corp • Surgical & medical instruments & apparatus • Minnesota
This Debt Subordination Agreement is entered into as of the 22nd day of November, 2005, between and among STEN Acquisition Corporation, a Minnesota corporation (“Lender”) and Arthur Petrie, an individual resident of the State of Nevada (the “Creditor”).
DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • December 21st, 2016 • Minnesota
THIS DEBT SUBORDINATION AGREEMENT (this “Agreement”), effective as of the day of December, 2016, between JOURNEY HOME MINNESOTA, A MINNESOTA NON PROFIT CORPORATION (the "Debtor"), THE CITY OF VADNAIS HEIGHTS, A MINNESOTA MUNICIPAL CORPORATION (the "Subordinated Creditor"), and
ContractDebt Subordination Agreement • July 8th, 2013 • Adcare Health Systems, Inc • Services-skilled nursing care facilities • Ohio
THIS INSTRUMENT IS SUBJECT TO A DEBT SUBORDINATION AGREEMENT DATED AS OF DECEMBER 28, 2012, BY AND AMONG PARENT, SUBORDINATED CREDITOR (AS EACH IS DEFINED THEREIN) AND THE HUNTINGTON NATIONAL BANK, AS ADMINISTRATIVE AGENT. BY ITS ACCEPTANCE OF THIS INSTRUMENT, THE HOLDER HEREOF AND ANY SUCCESSOR, ASSIGN, DEVISEE, REPRESENTATIVE OR SUBSEQUENT HOLDER OF THIS INSTRUMENT AGREES TO BE BOUND BY THE PROVISIONS OF SUCH DEBT SUBORDINATION AGREEMENT TO THE SAME EXTENT THAT SUBORDINATED CREDITOR IS BOUND.
DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • November 15th, 2007 • Nature Vision, Inc. • Photographic equipment & supplies
WITNESSETH:Debt Subordination Agreement • March 31st, 1997 • Fairwood Corp • Household furniture • Florida
Debt Subordination AgreementDebt Subordination Agreement • January 4th, 2010 • Champion Industries Inc • Commercial printing
The undersigned is a creditor of Champion Industries, Inc., a West Virginia corporation (hereinafter called “Borrower”). In consideration of loans made or to be made, credit given or to be given, or other financial accommodations afforded or to be afforded to the Borrower, concurrently herewith or at any time or from time to time hereafter, on such terms as may be agreed upon between you and other Lenders party to that Credit Agreement with the Borrower dated as of September 14, 2007, as the same has been amended and may be further amended, restated or supplemented from time to time (collectively, the “Senior Lenders”) and the Borrower, the undersigned agrees that all indebtedness, obligations and liabilities of the Borrower to the undersigned now existing or hereafter arising and howsoever evidenced or acquired (the aggregate principal amount of such Subordinated Indebtedness as of the date hereof being $3,000,000.00) shall be and remain junior and subordinate to any and all indebtedn
DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • July 6th, 2009 • SMF Energy Corp • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
THIS DEBT SUBORDINATION AGREEMENT (this "Agreement") is made and entered into this _____ day of June, 2009, among __________________________ ("Subordinate Creditor"), a ____________________________________, SMF ENERGY CORPORATION, a Delaware corporation ("SMF"), SMF SERVICES, INC., a Delaware corporation ("SSI"), H & W PETROLEUM COMPANY, INC., a Texas corporation ("H&W"; each of SMF, SSI and H&W is sometimes referred to herein individually as a "Debtor," and collectively they are sometimes referred to herein as "Debtors"), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, "Lender").
DEBT SUBORDINATION AGREEMENT November 21, 2008Debt Subordination Agreement • November 26th, 2008 • Anchor Funding Services, Inc. • Short-term business credit institutions • Rhode Island
The undersigned, ANCHOR FUNDING SERVICES, INC. ("Creditor"), is a creditor of ANCHOR FUNDING SERVICES LLC ("Debtor"). In order to induce TEXTRON FINANCIAL CORPORATION (the "Agent"), as Agent for itself and other financial institutions (the "Lenders"), party from time to time to a Loan and Security Agreement (as amended, modified or restated, the "Loan Agreement"), dated on or about the date hereof, between Agent and Debtor, to extend or continue extending financial accommodations to Debtor, Creditor hereby warrants, represents and agrees as follows:
RECITALS:Debt Subordination Agreement • March 31st, 1998 • Atlantic Premium Brands LTD • Wholesale-groceries & related products • Georgia
FORM OFDebt Subordination Agreement • December 28th, 2001 • Covad Communications Group Inc • Telephone communications (no radiotelephone) • Delaware
