Subordination Legend. Each Loan Document is hereby amended to delete any subordination legend included thereon and replace such legend with the following: The indebtedness evidenced by this instrument is subordinated in right of payment to certain indebtedness to various lenders, for which First Bank is acting as Administrative Agent, and the liens on and security interests in collateral securing this instrument are subordinated in rights of priority to liens on and security interests in collateral securing such indebtedness, in each case pursuant to, and to the extent provided in, the Intercreditor and Subordination Agreement ("Intercreditor Agreement") dated as of April 29, 2016, executed by and between First Bank, as Administrative Agent for the Senior Lenders and Claritas Capital Specialty Debt Fund, L.P, CCSD II, L.P., and Xxxxxxx Mezzanine Partners III, L.P., as lenders and Claritas Capital Specialty Debt Fund, L.P. as Collateral Agent, as such Intercreditor Agreement may be amended, modified or supplemented from time to time. Payments may be made under this instrument only to the extent expressly permitted under such Intercreditor Agreement. In case of a conflict between the terms of this note and the Intercreditor Agreement, the terms of the Intercreditor Agreement shall govern. This legend shall be placed on any note or other instrument given at any time in substitution for or replacement hereof.
Subordination Legend. Subordinated Party and the Borrower shall cause any instrument or note evidencing the Subordinated Debt to be endorsed with the following legend: "The indebtedness evidenced by this instrument is subordinated to the prior payment in full of the Senior Debt (as defined in the Subordination Agreement hereinafter referred to) pursuant to, and to the extent provided in, the Subordination Agreement dated as of July __, 2011, by and among the maker hereof, and ___________.” Subordinated Party and the Borrower shall each further xxxx its books of account in such manner as shall be effective to give proper notice of the effect of this Agreement.
Subordination Legend. Further Assurances. ----------------------------------------
Subordination Legend. Each Global Security and Definitive Security shall bear a legend in substantially the following form: NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, NONE OF THE INDEBTEDNESS CREATED OR EVIDENCED BY THIS INSTRUMENT OR RECORD SHALL BECOME DUE OR BE PAID OR PAYABLE BY ANY LOWER TIER NOTES GUARANTOR(S), EXCEPT TO THE EXTENT PERMITTED UNDER THE SUBORDINATION AGREEMENT DATED AS OF OCTOBER 29, 2020, AMONG THE HOLDINGS, XXXXXX INDUSTRIES INC., A DELAWARE CORPORATION, THE LOWER TIER NOTES GUARANTOR(S), THE TRUSTEE, HSBC BANK CANADA, AS CANADIAN LENDER, AND CITIBANK, N.A, AS ADMINISTRATIVE AGENT UNDER THE 2018 REVOLVING CREDIT FACILITY, AS AMENDED FROM TIME TO TIME PURSUANT TO THE TERMS THEREOF, THE FORM OF WHICH IS ATTACHED AS EXHIBIT D TO THE INDENTURE, AND WHICH SUBORDINATION AGREEMENT IS INCORPORATED HEREIN WITH THE SAME EFFECT AS IF FULLY SET FORTH HEREIN.
Subordination Legend. The Debenture and Warrant Purchase Agreement shall be amended by adding the following legend to the beginning of such agreement: THIS DEBENTURE AND WARRANT PURCHASE AGREEMENT AND THE RIGHTS AND OBLIGATIONS EVIDENCED HEREBY ARE SUBORDINATED IN THE MANNER AND TO THE EXTENT SET FORTH IN THE SUBORDINATION AGREEMENT (DEFINED BELOW). BY ITS ACCEPTANCE HEREOF, INVESTOR (AND ANY ASSIGNEE OF THIS DEBENTURE AND WARRANT PURCHASE AGREEMENT PERMITTED BY THE TERMS OF THE SUBORDINATION AGREEMENT) IRREVOCABLY AGREES TO BE BOUND BY THE PROVISIONS OF THE SUBORDINATION AGREEMENT.
Subordination Legend. The following legend is added to the front of the Xxxxxxxxx Refinance Note:
Subordination Legend. The following legend is added to the front of the Xxxxxxxxx Refinance Note: “THIS NOTE IS SUBJECT TO THE TERMS AND PROVISIONS OF THAT CERTAIN SUBORDINATION AGREEMENT DATED FREBRUARY 9, 2010 BETWEEN SILICON VALLEY BANK, XXXX X. XXXXXXXXX AND XXXXXXX X. XXXXX.”
Subordination Legend. Each Global Note and each Definitive Note shall bear a legend in substantially the following form: "THIS NOTE IS SUBORDINATED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 10 OF THE INDENTURE GOVERNING THIS NOTE."
Subordination Legend. Further Assurances. The Subordinated Creditor and the Debtor will cause each note and instrument (if any) evidencing the Intercompany Subordinated Debt to be endorsed with the following legend: "The indebtedness evidenced by this instrument is subordinated to the prior payment in cash in full of the Senior Indebtedness (as defined in the Intercompany Subordination Agreement, dated as of__ ,__) pursuant to, and to the extent provided in, the Intercompany Subordination Agreement by the maker hereof and payee named herein in favor of the Secured Parties referred to therein and any person now or hereafter designated as their agent." Each of the Subordinated Creditor and the Debtor hereby agrees to mark xxx books of account in such a manner as shall be effective to give proper notice of the effect of these provisions and will, in the case of any Intercompany Subordinated Debt which is not evidenced by any note or instrument, following the occurrence and subject to the continuation of an Event of Default, upon the Administrative Agent's request, cause such Intercompany Subordinated Debt to be evidenced by an appropriate note or instrument or instruments endorsed with the above legend. Each of the Subordinated Creditor and the Debtor will at its expense and at any time and from time to time promptly execute and deliver all further instruments and documents and take all further action that may be necessary or that the Secured Parties or the Administrative Agent may reasonably request in order to protect any right or interest granted 158 or purported to be granted hereunder or to enable the Secured Parties or the Administrative Agent to exercise and enforce their rights and remedies hereunder.
Subordination Legend. The Borrower Security Agreement shall be amended by adding the following legend to the beginning of such agreement: THIS SECURITY AGREEMENT AND THE RIGHTS AND OBLIGATIONS EVIDENCED HEREBY ARE SUBORDINATED IN THE MANNER AND TO THE EXTENT SET FORTH IN THE SUBORDINATION AGREEMENT (AS DEFINED IN THE “DEBENTURE AND WARRANT PURCHASE AGREEMENT” REFERENCED HEREIN). BY ITS ACCEPTANCE HEREOF, SECURED PARTY (AND ANY ASSIGNEE OF THIS SECURITY AGREEMENT PERMITTED BY THE TERMS OF THE SUBORDINATION AGREEMENT) IRREVOCABLY AGREES TO BE BOUND BY THE PROVISIONS OF THE SUBORDINATION AGREEMENT.
