Common use of Subordinated Debt Clause in Contracts

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreement;; or

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreement;.

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar subordination agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an a subordination agreement with Collateral Agent or the Lenders Bank breaches any terms of such the subordination agreement;.

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenderssubordination agreement, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordinationsubordination agreement, intercreditorintercreditor agreement, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such the agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordinationsubordination agreement, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an subordination agreement with Collateral Agent or the Lenders Bank breaches any terms of such the subordination agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreement;.

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;; or

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar subordination agreement with Collateral Agent or the Lenders, Lenders or any creditor that has signed such an a subordination agreement with Collateral Agent or the Lenders breaches any terms of such the subordination agreement;.

Subordinated Debt. A default or breach by a counterparty occurs under any subordination agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or agreements (including the LendersIntercompany Subordination Agreement), or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;, in each case relating to Subordinated Debt.

Subordinated Debt. A default or breach occurs under any agreement between any Borrower or any of its Subsidiaries and any creditor of such Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreement;; or

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Administrative Agent or the and/or Lenders, or any creditor that has signed such an agreement with Collateral Administrative Agent or the and/or Lenders breaches any terms of such agreement;; or

Subordinated Debt. A default or breach occurs under any subordination, intercreditor, or other similar agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar such an agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersLender, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Lender breaches any terms of such agreement;.

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersLender, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Lender breaches any terms of such agreement;

Subordinated Debt. A Any default or breach occurs under any agreement between either Borrower or any of its Subsidiaries and any creditor of such Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar subordination agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an a subordination agreement with Collateral Agent or the Lenders Bank breaches any terms of the subordination agreement, in each case, that is not covered within the cure periods set forth for any such agreementbreach therein, or the Obligations shall for any reason be subordinated or shall not have the priority contemplated by this Agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar subordination agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an a subordination agreement with Collateral Agent or the Lenders Bank breaches any terms of such the subordination agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreementagreement and such default or breach continues after applicable grace or notice period, if any, specified in the agreement or instrument relating thereto;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;.

Subordinated Debt. A default or breach occurs under any agreement between either Borrower or any of its Subsidiaries and any creditor of such Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreement;; or

Subordinated Debt. A default or breach occurs under any agreement between any Borrower or any of its Subsidiaries and any creditor of any Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreement;; or

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordinationsubordination agreement, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an subordination agreement with Collateral Agent or the Lenders Bank breaches any terms of such the subordination agreement;.

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordinationsubordination agreement, intercreditorintercreditor agreement, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such the agreement;; or

Subordinated Debt. A default or breach occurs under any subordination, intercreditor or other similar agreement between a Borrower or any of its Subsidiaries and any creditor of a Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;; or

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreementagreement (to the extent not cured or waived pursuant to the terms therein);

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersLender, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Lender breaches any terms of such agreement;; or

Subordinated Debt. A default or breach in any material respect occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreement;; or

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower owed One Million Dollars ($1,000,000) or any of its Subsidiaries more that signed a subordination, intercreditor, or other similar agreement with Collateral Agent Bank, where any such default or breach entitles the Lenders, creditor party thereto to accelerate the obligations that are the subject of any such agreement or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement relating to any Subordinated Debt between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordinationsubordination agreement, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any such creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of any such agreement;, or the Obligations shall for any reason be subordinated or shall not have the priority contemplated by this Agreement.

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries Debtor and any creditor of Borrower or any of its Subsidiaries Debtor that signed a subordination, intercreditor, or other similar subordination agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an a subordination agreement with Collateral Agent or the Lenders Bank breaches any terms of such the subordination agreement;

Subordinated Debt. A default or breach breach, in any material respect, occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches Bank breaches, in any material respect, any terms of such agreement;; or

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreementagreement or contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the subordinated obligations shall cease for any reason to be subordinated the Obligations;

Subordinated Debt. A default or breach occurs under any agreement between Borrower a Loan Party or any of its Subsidiaries and any creditor of Borrower a Loan Party or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under the Subordinated Convertible Debt Documents or any other agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral the Agent or the Lenders breaches any terms of such agreement;”

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the and/or Lenders, or any creditor that has signed such an agreement with Collateral Agent or the and/or Lenders breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such subordination, intercreditor, or other similar agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;; or

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between either Borrower or any of its Subsidiaries and any creditor of such Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar subordination agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an a subordination agreement with Collateral Agent or the Lenders Bank breaches any terms of the subordination agreement, in each case, that is not cured within the cure periods set forth for any such agreement;breach therein.

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersLender, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Lender breaches any material terms of such agreement;

Subordinated Debt. A Any default or breach occurs under any agreement between either Borrower or any of its Subsidiaries and any creditor of such Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar subordination agreement with Collateral Agent or the LendersAgent, or any creditor that has signed such an a subordination agreement with Collateral Agent or the Lenders breaches any terms of the subordination agreement, in each case, that is not covered within the cure periods set forth for any such agreementbreach therein, or the Obligations shall for any reason be subordinated or shall not have the priority contemplated by this Agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries (other than Bank) that signed a subordinationsubordination agreement, intercreditorintercreditor agreement, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such the agreement;

Subordinated Debt. A default or breach occurs under any agreement Material Agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any material terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any material terms of such agreement;, and in each such case, the default or breach is not waived or cured within any applicable grace or cure period.

Subordinated Debt. A default or breach occurs under any agreement between a Borrower or any of its Subsidiaries and any creditor of a Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries Loan Party and any creditor of Borrower or any of its Subsidiaries Loan Party that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower any Credit Party or any of its their Subsidiaries and any creditor of Borrower any Credit Party or any of its their Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordinationsubordination agreement, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an subordination agreement with Collateral Agent or the Lenders Bank breaches any terms of such the subordination agreement;; or

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders breaches any terms of such agreement;; or

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar subordination agreement with Collateral Agent or the Lenders, Lenders or any creditor that has signed such an a subordination agreement with Collateral Agent or the Lenders breaches any material terms of such the subordination agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower the Subordination Agreement or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordinationother subordination agreement, intercreditorintercreditor agreement, or other similar agreement with Collateral Agent Bank and any creditor of Borrower, or the LendersObligations shall for any reason be subordinated or shall not have the priority contemplated by this Agreement, the Subordination Agreement, or any creditor that has signed such an agreement with Collateral Agent other subordination agreement, intercreditor agreement, or the Lenders breaches any terms of such other similar agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries an Obligor and any creditor of Borrower or any of its Subsidiaries an Obligor that signed a subordination, intercreditor, or other similar agreement with Collateral Agent the Bank, and such breach or the Lendersdefault shall not have been remedied (if capable of being remedied) or waived within 10 Business Days, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreement;.

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordinationsubordination agreement, intercreditorintercreditor agreement, or other similar agreement with Collateral Agent or the LendersBank (other than a breach of such agreement that is caused by Bank), or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such the agreement;; or

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersBank related to Subordinated Debt, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreement;; or

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar subordination agreement with Collateral Agent Bank which breach or the Lendersdefault continues after any applicable cure period thereunder, or any creditor that has signed such an a subordination agreement with Collateral Agent or the Lenders Bank breaches any terms of such the subordination agreement;

Subordinated Debt. A default or breach occurs and continues after any period of grace under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;a Lender; or

Subordinated Debt. A default or breach by Debtor occurs under any agreement between Borrower or any of its Subsidiaries Debtor and any creditor of Borrower or any of its Subsidiaries Debtor that signed a subordinationsubordination agreement, intercreditorintercreditor agreement, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such the agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersAgent, or any creditor that has signed such an agreement with Collateral the Agent or the Lenders breaches any terms of such agreement;.

Subordinated Debt. A An event of default or material breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any subordination, intercreditor, or other similar agreement, or any agreement regarding Subordinated Debts, between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar such an agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any subordination, intercreditor, or other similar agreement, or any agreement regarding Subordinated Indebtedness, between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar such an agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordinationsubordination agreement, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an a subordination agreement with Collateral Agent or the Lenders Bank breaches any terms of such the subordination agreement;; or

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordinationSubordination Agreement, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreement;.

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar subordination agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an a subordination agreement with Collateral Agent or the Lenders Bank breaches any terms of the subordination agreement and the Bank in its reasonable judgment, determines that such agreement;breach can reasonably be expect to adversely affect the Bank’s rights hereunder.

Subordinated Debt. A default or breach by Borrower occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower which gives such creditor the right to accelerate the Subordinated Debt (whether or any of its Subsidiaries not such right is exercised by such creditor) owed by Borrower to such creditor that (i) signed a subordination, intercreditor, Subordination Agreement or other similar (ii) is otherwise subject to an agreement with Collateral Agent or pursuant to which its obligations are subordinated to the LendersObligations to Bank, or any creditor that has signed is subject to such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;.

Subordinated Debt. A default or breach occurs under any subordination, intercreditor, or other similar agreement, or any agreement regarding Subordinated Debts, between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar such an agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;; WEST\281916571.5 19

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordinationsubordination agreement, intercreditorintercreditor agreement, or other similar agreement with Collateral Agent or the and Lenders, or any creditor that has signed such an agreement with Collateral Agent or the and Lenders breaches any terms of such the agreement;

Subordinated Debt. A default or breach occurs under any agreement related to Subordinated Debt between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordinationsubordination agreement, intercreditorintercreditor agreement, or other similar agreement with Collateral Agent Bank and any creditor of Borrower, or the Lenders, Obligations shall for any reason be subordinated or any creditor that has signed such an agreement with Collateral Agent or shall not have the Lenders breaches any terms of such agreementpriority contemplated by this Agreement;

Subordinated Debt. A default or breach by Borrower occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;Bank.

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersLender, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Lender breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenderssubordination agreement, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;.

Subordinated Debt. A default or breach occurs under any agreement between a Borrower or any of its Subsidiaries and any creditor of a Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between any Borrower or any of its Subsidiaries and any creditor of such Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar subordination agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an a subordination agreement with Collateral Agent or the Lenders Bank breaches any terms of the subordination agreement, in each case, that is not cured within the cure periods set forth for any such agreement;breach therein.

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar subordination agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an a subordination agreement with Collateral Agent or the Lenders Bank breaches any material terms of such the subordination agreement;.

Subordinated Debt. A default or breach occurs under any agreement between Borrower any Borrower, Parent or any Subsidiary of its Subsidiaries Parent and any creditor of Borrower Borrower, Parent or any Subsidiary of its Subsidiaries Parent that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreement;; or

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries party to a Loan Document and any creditor of Borrower or any of its Subsidiaries party to a Loan Document that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar subordination agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an a subordination agreement with Collateral Agent or the Lenders Bank breaches any material terms of such the subordination agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordinationsubordination agreement, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any such creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of any such agreement;, or the Obligations shall for any reason be subordinated or shall not have the priority contemplated by this Agreement; or

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;agreement that pertain to lien subordination, payment restrictions and/or enforcement restrictions; or

Subordinated Debt. A default or breach occurs under any agreement between any Borrower or any of its Subsidiaries and any creditor of a Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreement;; or

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordinationsubordination agreement, intercreditorintercreditor agreement, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such the agreement;.

Subordinated Debt. A default or breach occurs under (a) any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreement;, (b) the 2015 Notes, or (c) any FX Contract between any of Borrower’s Subsidiaries and the Bank; or

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordinationsubordination agreement, intercreditorintercreditor agreement, or other similar agreement with Collateral Agent or the Lendersany Lender, or any creditor that has signed such an agreement with Collateral Agent or the Lenders any Lender breaches any terms of such the agreement;

Subordinated Debt. A default or breach occurs under any agreement between a Borrower or any of its Subsidiaries and any creditor of such Borrower or any of its Subsidiaries that signed a subordinationsubordination agreement, intercreditorintercreditor agreement, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such the agreement;

Subordinated Debt. A default or breach by Borrower occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordinationsubordination agreement, intercreditorintercreditor agreement, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such the agreement;

Subordinated Debt. A default or breach occurs under any agreement between a Borrower or any of its Subsidiaries and any creditor of a Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor of Borrower owed $1,000,000 or any of its Subsidiaries more that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreement;, in each case where any such default or breach entitles the creditor party thereto to accelerate the obligations that are the subject of any such agreement; or

Subordinated Debt. A default or breach occurs under any subordination, intercreditor or similar agreement between Borrower or any of its Subsidiaries Loan Party and any applicable creditor of Borrower or any of its Subsidiaries that signed a subordinationsuch Loan Party party to such agreement, intercreditor, or other similar and such agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms subordinates obligations of such agreement;Loan Party to the Obligations, and such default or breach was caused by such creditor or such Loan Party.

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries Debtor and any creditor of Borrower or any of its Subsidiaries Debtor that signed a subordinationsubordination agreement, intercreditorintercreditor agreement, or other similar agreement with Collateral Agent or the LendersBank, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such the agreement;

Subordinated Debt. A default or breach occurs under any agreement between a Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersLender, or any creditor that has signed such an agreement with Collateral Agent or the Lenders Lender breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between a Borrower or any of its Subsidiaries and any creditor of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any of its Subsidiaries and any creditor (other than Bank) of Borrower or any of its Subsidiaries that signed a subordination, intercreditor, or other similar agreement with Collateral Agent or the LendersBank, or any such creditor that has signed such an agreement with Collateral Agent or the Lenders Bank breaches any terms of such agreement;

Subordinated Debt. A default or breach occurs under any agreement between Borrower or any governing obligations of its Subsidiaries and any creditor of the Borrower or any of its Subsidiaries that signed have been subordinated to the obligations of Borrower hereunder pursuant to a subordination, intercreditor, or other similar agreement with Collateral Agent or the Lenders, or any creditor that has signed such an agreement with Collateral Agent or the Lenders breaches any terms of such agreement;