Common use of INDEBTEDNESS SUBORDINATED Clause in Contracts

INDEBTEDNESS SUBORDINATED. Creditor subordinates all Indebtedness now or at any time hereafter owing from Borrower to Creditor (including without limitation, interest thereon which may accrue subsequent to Borrower becoming subject to any state or federal debtor-relief statute) ("Junior Debt") to all Indebtedness now or at any time hereafter owing from Borrower to Bank ("Senior Debt"). Creditor irrevocably consents and directs that all Senior Debt shall be paid in full prior to Borrower making any payment on any Junior Debt, except such payments as are expressly permitted by Section 3 of this Agreement. Creditor will, and Bank is authorized in the name of Creditor from time to time to, execute and file such financing statements and other documents as Bank may require in order to give notice to other persons and entities of the terms and provisions of this Agreement. As long as this Agreement is in effect, Creditor will not take any action or initiate any proceedings, judicial or otherwise, to enforce Creditor's rights or remedies with respect to any Junior Debt, including without limitation, any action to enforce remedies with respect to any collateral securing any Junior Debt or to obtain any judgment or prejudgment remedy against Borrower or any such collateral.

Appears in 4 contracts

Samples: Agreement (Epitope Inc/Or/), Credit Agreement (Laser Power Corp/Fa), Subordination Agreement (Andataco Inc)

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INDEBTEDNESS SUBORDINATED. Creditor subordinates all Indebtedness now or at any time hereafter owing from Borrower to Creditor (including without limitation, interest thereon which that may accrue subsequent to Borrower becoming subject to any state or federal debtor-relief statute) ("Junior Debt"collectively, AJunior Debt@) to all Indebtedness now or at any time hereafter owing from Borrower to Bank Lender ("Senior Debt"collectively, ASenior Debt@). Creditor irrevocably consents and directs that all Senior Debt shall be paid in full prior to Borrower making any payment on any Junior Debt, except such payments as are expressly permitted by provided in Section 3 of this Agreement3. Creditor will, and Bank Lender is authorized in the name of Creditor from time to time to, execute and file such financing statements and other documents as Bank Lender may require in order to give notice to other persons and entities of the terms and provisions of this Agreement. As long as this Agreement is in effect, Creditor will not take any action or initiate any proceedings, judicial or otherwise, to enforce Creditor's =s rights or remedies with respect to any Junior Debt, including without limitation, any action to enforce remedies with respect to any collateral securing any Junior Debt or to obtain any judgment or prejudgment remedy against Borrower or any such collateral, except as provided in Section 3.

Appears in 1 contract

Samples: Subordination Agreement (Perma Fix Environmental Services Inc)

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