ASSIGNMENT OF SUBORDINATED DEBT. Subordinated Creditor hereby covenants to Senior Creditor that prior to the termination of this Agreement in accordance with Section 8, the entire Subordinated Debt created in favor of Subordinated Creditor shall continue to be owing only to Subordinated Creditor, and any collateral security therefor (including, without limitation, any collateral security granted to Subordinated Creditor pursuant to the Subordinated Loan Documents) shall continue to be held solely for the benefit of Subordinated Creditor, unless assigned pursuant to an assignment in which the assignee agrees in writing to be bound by all of the terms and provisions of this Agreement. Any promissory note issued pursuant to the Subordinated Loan Documents shall be legended to expressly state that it is subject to this Agreement.
ASSIGNMENT OF SUBORDINATED DEBT. If the Borrower delivers a notice to EDC pursuant to Section 3.09(f) in respect of any Permitted High Yield Back to Back Debt, and if the aggregate principal amount of all Permitted High Yield Back to Back Debt (including the Permitted High Yield Back to Back Debt identified in such notice) exceeds $150,000,000, and if
ASSIGNMENT OF SUBORDINATED DEBT. Subordinated Creditor hereby agrees not to assign or transfer, at any time while this Subordination Agreement remains in affect, any rights, claim or interest of any kind in or to any of the Subordinated Debt, without (a) first notifying Senior Creditor and (b) making such assignment expressly subject to this Subordination Agreement. Subordinated Creditor will, upon request from Senior Creditor, deliver any note or other evidence of the Subordinated Debt to Senior Creditor, and Senior Creditor may (or Subordinated Creditor, upon request from Frost, will) add a legend, substantially in the form set forth on Exhibit B, to such note or other evidence of the Subordinated Debt stating that payment thereof is subject to the provisions of this Subordination Agreement. Subordinated Creditor shall not subordinate any of the Subordinated Debt to any indebtedness of Borrower or any affiliate of Borrower, other than the Senior Debt or pursuant to the express provisions of the Convertible Note (as defined on Exhibit A and as in effect on the date hereof).
ASSIGNMENT OF SUBORDINATED DEBT. The Junior Creditor agrees that until the Senior Debt shall have been fully paid and the Senior Creditor Documents and all outstanding commitments of each Senior Creditor for the incurring of additional Senior Debt shall have been irrevocably terminated in writing, the Junior Creditor will not assign, transfer or otherwise dispose of the Junior Debt or any portion thereof unless such assignment, transfer or other disposition is made expressly subject to this Agreement, and the assignee or transferee expressly acknowledges in an instrument delivered to the Agent and Hilco that the Junior Debt is being assigned or transferred subject to the terms of this Agreement.
ASSIGNMENT OF SUBORDINATED DEBT. (a) The provisions hereof shall inure to the benefit of any financial institution obtained by the Debtor, the Bank, or the Lenders which receives a guaranty from Debtor in connection with providing replacement working capital or other financing for the Borrower in place of the Bank or Lenders, regardless of whether any such replacement lender provides its own financing or succeeds to the Bank's or Lenders' financing by assignment. If requested by such replacement lender, the Creditor shall execute with such replacement lender a subordination agreement substantially similar to this Agreement.
ASSIGNMENT OF SUBORDINATED DEBT. So long as any Senior Debt is or may become outstanding, each Subordinated Creditor will not:
ASSIGNMENT OF SUBORDINATED DEBT. Subordinated Creditor hereby covenants to Senior Creditor that prior to the termination of this Agreement in accordance with Section 11, the entire Subordinated Debt created in favor of Subordinated Creditor shall continue to be owing only to Subordinated Creditor, and any collateral security therefor (including, without limitation, the collateral security granted to Subordinated Creditor pursuant to the Subordinated Loan Documents) shall continue to be held solely for the benefit of Subordinated Creditor, unless assigned pursuant to an assignment made expressly subject to this Agreement. Any promissory note issued pursuant to the Subordinated Loan Agreement shall include the following legend: THIS NOTE, THE RIGHTS, INDEBTEDNESS AND OBLIGATIONS EVIDENCED HEREBY, AND THE RIGHTS OF LENDER HEREOF ARE SUBORDINATE, INFERIOR AND SUBJECT TO THE RIGHTS OF THE SENIOR CREDITOR IN RESPECT OF ANY SENIOR INDEBTEDNESS IN THE MANNER SET FORTH IN THE INTERCREDITOR AND SUBORDINATION AGREEMENT. EACH HOLDER OR TRANSFEREE OF THIS NOTE, BY ITS ACCEPTANCE HEREOF, SHALL BE BOUND BY THE PROVISIONS OF THIS NOTE AND THE INTERCREDITOR AND SUBORDINATION AGREEMENT AS A HOLDER OF SUBORDINATED INDEBTEDNESS, AS SET FORTH IN THE INTERCREDITOR AND SUBORDINATION AGREEMENT.
ASSIGNMENT OF SUBORDINATED DEBT. Until the Termination Date, ------------------------------- no Subordinate Creditor shall transfer, assign or pledge any right, claim or interest in all or any part of the Subordinated Obligations, unless such transfer, assignment or pledge is made expressly subject to this Subordination Agreement. The Subordinate Creditors shall cause each instrument evidencing any part of the Subordinated Obligations to bear upon its face a conspicuous statement or legend to the following effect: "This instrument and the obligations of CompUSA Inc. evidenced hereby and all security interests securing such obligations are subordinate, pursuant to that certain Subordination Agreement made by and among the Subordinated Creditors referred to therein, in favor of NationsBank of Texas, N.A., as Administrative Lender, for the Lenders referred to therein, dated December 30, 1996, which Subordination Agreement is incorporated herein by specific reference thereto as if fully set forth herein."
ASSIGNMENT OF SUBORDINATED DEBT. Subordinated Creditor hereby covenants to Senior Creditor that prior to the termination of this Agreement in accordance with Section 13, the entire Subordinated Debt created in favor of Subordinated Creditor shall continue to be owing only to Subordinated Creditor and the Subordinated Lenders, and any collateral security therefor (including, without limitation, the collateral security granted to Subordinated Creditor pursuant to the Subordinated Debt Documents) shall continue to be held solely for the benefit of Subordinated Creditor and the Subordinated Lenders, unless assigned pursuant to an assignment made expressly subject to this Agreement.
ASSIGNMENT OF SUBORDINATED DEBT. The Subordinated Lender agrees that until all of the Senior Debt has been paid in full and all outstanding commitments of the Senior Lender for the incurring of Senior Debt shall have been terminated in writing, the Subordinated Lender will not assign, transfer or otherwise dispose of the Subordinated Debt or any portion thereof unless such assignment, transfer or other disposition is made expressly subject to this Agreement, and the assignee or transferee expressly acknowledges in an instrument delivered to the Senior Lender that the Subordinated Debt is being assigned or transferred subject to the terms of this Agreement.
