Common use of Continuing Subordination Clause in Contracts

Continuing Subordination. The subordination effected by this Agreement is a continuing subordination, and the Subordinated Creditor hereby unconditionally waives notice of the incurring of any of the Senior Debt and any notice of reliance by any Senior Creditor upon the subordination effected by this Agreement. The Subordinated Creditor acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to the Senior Creditor, whether the Senior Debt was created or acquired before or after the incurrence or creation of any Subordinated Debt, and whether such Senior Creditor is now known or hereafter becomes known, and each Senior Creditor shall be conclusively deemed to have relied upon such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Debt and shall be entitled to enforce the provisions of this Agreement directly as if it were a party to this Agreement.

Appears in 1 contract

Sources: Subordination and Intercreditor Agreement (Harolds Stores Inc)

Continuing Subordination. The subordination effected by this Agreement is a continuing subordination, and the Subordinated Creditor Trustee (on behalf of itself and the Noteholders) hereby unconditionally waives notice of the incurring of any of Senior Debt or any part thereof and reliance by the Agent and the Senior Debt and any notice of reliance by any Senior Creditor Lenders upon the subordination effected by of this Agreement. The Subordinated Creditor Trustee (on behalf of itself and the Noteholders) acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement and a consideration to the Agent and the Senior CreditorLenders, whether the Senior Debt was created or acquired before or after the incurrence or creation of any Subordinated Debt, indebtedness under the Indenture and whether such Senior Creditor holder is now known or hereafter becomes known, and each Senior Creditor such holder shall be deemed conclusively deemed to have relied upon such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Debt and shall be entitled to enforce the provisions of this Agreement directly as if it were a party to this Agreement.

Appears in 1 contract

Sources: Indenture (Wickes Inc)

Continuing Subordination. The subordination effected by this Agreement is a continuing subordination, and the Subordinated Creditor each Term Lender hereby unconditionally waives notice of the incurring of any of the Senior Debt Indebtedness or any part thereof and any notice of reliance by any holder of Senior Creditor Indebtedness upon the subordination effected by of this AgreementAgreement to Senior Indebtedness. The Subordinated Creditor Each Term Lender acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement to and a consideration to the of each holder of Senior CreditorIndebtedness, whether the such Senior Debt Indebtedness was created or acquired before or after the incurrence or creation of any Subordinated Debt, Indebtedness and whether such Senior Creditor holder is now known or hereafter becomes known, and each holder of Senior Creditor Indebtedness shall be deemed conclusively deemed to have relied upon such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Debt Indebtedness and shall be entitled to enforce the provisions of this Agreement directly as if it were a party to this Agreement.

Appears in 1 contract

Sources: Senior Term Loan Agreement (Hughes Supply Inc)

Continuing Subordination. The subordination effected by this Agreement is a continuing subordination, and the Subordinated Creditor Noteholder hereby unconditionally waives notice of the incurring of any of the Senior Debt or any part thereof and any notice of reliance by any holder of Senior Creditor Debt upon the subordination effected by this Agreementof Subordinated Debt to Senior Debt. The Subordinated Creditor Noteholder acknowledges and agrees that the foregoing subordination provisions are, and are intended to be, an inducement to and a consideration to the of each holder of Senior CreditorDebt, whether the such Senior Debt was created or acquired before or after the incurrence or creation of any Subordinated Debt, Debt and whether such Senior Creditor holder is now known or hereafter becomes known, and each holder of Senior Creditor Debt shall be deemed conclusively deemed to have relied upon such subordination provisions in acquiring and holding, or in continuing to hold, such Senior Debt and shall be entitled to enforce the provisions of this Agreement directly as if it were a party to this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Centerplate, Inc.)