Common use of Instruments Evidencing Intercompany Indebtedness Clause in Contracts

Instruments Evidencing Intercompany Indebtedness. Each Credit Party shall cause each instrument, if any, 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 November 30, 2017 in favor of Xxxxx Fargo Bank, National Association, as agent for the Lessor Parties and, respecting certain security documents, as agent for the Secured Parties (as such parties are referred to therein), which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in 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.”