Common use of Instruments Evidencing Intercompany Indebtedness Clause in Contracts

Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an Intercompany Subordination Agreement dated as of January 28, 2009 in favor of PNC Bank, National Association, as Agent for the Lenders referred to therein, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said Intercompany Subordination Agreement.” Each Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of the effect of this Agreement.

Appears in 3 contracts

Samples: Intercompany Subordination Agreement (Under Armour, Inc.), Intercompany Subordination Agreement (Under Armour, Inc.), Intercompany Subordination Agreement (Under Armour, Inc.)

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Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an Intercompany Subordination Agreement dated as of January 28March 29, 2009 2011 in favor of PNC Bank, National Association, as Agent for the Lenders referred to therein, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this instrument, no payment on account of the principal thereof hereof or interest thereon hereon shall become due or payable except in accordance with the express terms of said Intercompany Subordination Agreement.” Each Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of the effect of this Agreement.

Appears in 2 contracts

Samples: Joinder and Assumption Agreement (Under Armour, Inc.), Credit Agreement (Under Armour, Inc.)

Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an that certain Intercompany Subordination Agreement dated as of January 28February 9, 2009 2011, in favor of PNC BankBANK, National AssociationNATIONAL ASSOCIATION, as Administrative Agent for the Lenders referred to therein, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said the Intercompany Subordination Agreement.” Each Company will further xxxx its books of account internal records in such a manner as shall be effective to give proper notice of to the effect of this Agreement.

Appears in 2 contracts

Samples: Security Agreement (Armstrong Energy, Inc.), Security Agreement (Armstrong Resource Partners, L.P.)

Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: "This instrument is subject to the terms of an Intercompany Subordination Agreement dated as of January 28September __, 2009 2010, in favor of PNC Bank, National Association, as Agent administrative agent for the Lenders Banks referred to therein, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said Intercompany Subordination Agreement." Each Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of to the effect of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Papa Johns International Inc)

Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an Intercompany Subordination Agreement dated as of January 28, 2009 2012 in favor of PNC BankBANK, National AssociationNATIONAL ASSOCIATION, as Agent for the Lenders referred to therein, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said Intercompany Subordination Agreement.” Each Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of the effect of this Agreement.

Appears in 1 contract

Samples: Intercompany Subordination Agreement (Sl Industries Inc)

Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an that certain Second Amended and Restated Intercompany Subordination Agreement dated as of January 28March 13, 2009 2015, in favor of PNC BankBANK, National AssociationNATIONAL ASSOCIATION, as Administrative Agent for the Lenders referred to therein, which Second Amended and Restated Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said the Second Amended and Restated Intercompany Subordination Agreement.” Each Company will further xxxx its books of account internal records in such a manner as shall be effective to give proper notice of to the effect of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Foster L B Co)

Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an Intercompany Subordination Agreement dated as of January 28August 19, 2009 2008 in favor of PNC Bank, National Association, as Agent for the Lenders referred to thereinagent, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said Intercompany Subordination Agreement.” Each Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of to the effect of this Agreement.

Appears in 1 contract

Samples: Intercompany Subordination Agreement (Federated Investors Inc /Pa/)

Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an that certain Intercompany Subordination Agreement dated as of January 28September , 2009 2013 in favor of PNC Bank, National Association, as Agent administrative agent for the Lenders referred to therein, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said the Intercompany Subordination Agreement.” Each Company will further xxxx its books of account internal records in such a manner as shall be effective to give proper notice of to the effect of this Agreement.

Appears in 1 contract

Samples: Continuing Agreement (Ii-Vi Inc)

Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an that certain Intercompany Subordination Agreement dated as of January 28November , 2009 2011, in favor of PNC BankBANK, National AssociationNATIONAL ASSOCIATION, as the Administrative Agent for the Lenders referred to therein, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said the Intercompany Subordination Agreement.” Each Company will further xxxx its books of account internal records in such a manner as shall be effective to give proper notice of to the effect of this Agreement.

Appears in 1 contract

Samples: Refinancing Credit Agreement (Westinghouse Air Brake Technologies Corp)

Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an Intercompany Subordination Agreement dated as of January 28June 15, 2009 2011 in favor of PNC Bank, National Association, as Agent for the Lenders Banks referred to therein, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said Intercompany Subordination Agreement.” Each Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of to the effect of this Agreement.

Appears in 1 contract

Samples: Joinder and Assumption Agreement (Ii-Vi Inc)

Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an Intercompany Subordination Agreement dated as of January 28October 31, 2009 2006 in favor of PNC Bank, National Association, as Agent for the Lenders referred to thereinagent, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said Intercompany Subordination Agreement.” Each Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of to the effect of this Agreement.

Appears in 1 contract

Samples: Intercompany Subordination Agreement (Federated Investors Inc /Pa/)

Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: "This instrument is subject to the terms of an Intercompany Subordination Agreement dated as of January 28April 30, 2009 2013, in favor of PNC Bank, National Association, as Agent administrative agent for the Lenders Banks referred to therein, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said Intercompany Subordination Agreement." Each Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of to the effect of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Papa Johns International Inc)

Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an that certain Intercompany Subordination Agreement dated as of January 28December , 2009 2012, in favor of PNC BankBANK, National AssociationNATIONAL ASSOCIATION, as Administrative Agent for the Lenders referred to therein, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said the Intercompany Subordination Agreement.” Each Company will further xxxx mark its books of account internal records in such a manner as shall be effective to give proper notice of to the effect of this Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Armstrong Coal Company, Inc.)

Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an that certain Amended and Restated Intercompany Subordination Agreement dated as of January 28September , 2009 2014, in favor of PNC BankBANK, National AssociationNATIONAL ASSOCIATION, as Administrative Agent for the Lenders referred to therein, which Amended and Restated Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said the Amended and Restated Intercompany Subordination Agreement.” Each Company will further xxxx its books of account internal records in such a manner as shall be effective to give proper notice of to the effect of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Foster L B Co)

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Instruments Evidencing Intercompany Indebtedness. Each Company shall ------------------------------------------------ cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: "This instrument is subject to the terms of an Intercompany Subordination Agreement dated as of January 28June 15, 2009 1996 in favor of PNC Bank, National Association, as Agent for the Lenders referred to thereincollateral agent, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said Intercompany Subordination Agreement." Each Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of to the effect of this Agreement.

Appears in 1 contract

Samples: Intercompany Subordination Agreement (Federated Investors Inc /Pa/)

Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an Intercompany Subordination Agreement dated as of January 28July , 2009 2007, in favor of PNC Bank, National Association, as Agent administrative agent for the Lenders referred to therein, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said Intercompany Subordination Agreement.” Each Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of to the effect of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Allegheny Technologies Inc)

Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an that certain Intercompany Subordination Agreement dated as of January 28September 10, 2009 2013 in favor of PNC Bank, National Association, as Agent administrative agent for the Lenders referred to therein, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said the Intercompany Subordination Agreement.” Each Company will further xxxx its books of account internal records in such a manner as shall be effective to give proper notice of to the effect of this Agreement.

Appears in 1 contract

Samples: Continuing Agreement (Ii-Vi Inc)

Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an that certain Intercompany Subordination Agreement dated as of January 28May 2, 2009 2011, in favor of PNC BankBANK, National AssociationNATIONAL ASSOCIATION, as Administrative Agent for the Lenders referred to therein, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said the Intercompany Subordination Agreement.” Each Company will further xxxx its books of account internal records in such a manner as shall be effective to give proper notice of to the effect of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Foster L B Co)

Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an Intercompany Subordination Agreement dated as of January 2831, 2009 2006, in favor of PNC Bank, National Association, as Agent administrative agent for the Lenders Banks referred to therein, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said Intercompany Subordination Agreement.” Each Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of to the effect of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Papa Johns International Inc)

Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an Intercompany Subordination Agreement dated as of January 28November 30, 2009 2018 in favor of PNC BankBANK, National AssociationNATIONAL ASSOCIATION, as Administrative Agent for the Lenders referred to therein, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said Intercompany Subordination Agreement.” Each Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of the effect of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Gp Strategies Corp)

Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an that certain Intercompany Subordination Agreement dated as of January 28August 15, 2009 2014, in favor of PNC BankBANK, National AssociationNATIONAL ASSOCIATION, as Administrative Agent for the Lenders referred to therein, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said the Intercompany Subordination Agreement.” Each Company will further xxxx mark its books of account internal records in such a manner as shall be effective to give proper notice of to the effect of this Agreement.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Koppers Holdings Inc.)

Instruments Evidencing Intercompany Indebtedness. Each Company shall cause each instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: "This instrument is subject to the terms of an that certain Amended and Restated Intercompany Subordination Agreement dated as of January 28December 19 2013, 2009 in favor of PNC BankBANK, National AssociationNATIONAL ASSOCIATION, as the Administrative Agent for the Lenders referred to therein, which Amended and Restated Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in this the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said the Amended and Restated Intercompany Subordination Agreement." Each Company will further xxxx mxxx its books of account internal records in such a manner as shall be effective to give proper notice of to the effect of this Agreement.

Appears in 1 contract

Samples: Refinancing Credit Agreement (Westinghouse Air Brake Technologies Corp)

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