Subordination of Junior Debt. The Company shall not pay or set aside, and the Junior Creditor shall not ask, demand, accelerate, xxx for, enforce, take, collect or receive, by set-off or in any other manner, any payments on or in respect of the Junior Debt (whether of principal, interest, collection costs or otherwise) (a) from the Company, or any successor or assign of the Company, including, without limitation, a receiver, trustee or debtor-in-possession (the term “Company” hereinafter shall include any such successor and assign of the Company), or (b) from any other individual, person, firm, partnership, limited liability company, corporation or other entity for the benefit of the Company, unless and until (i) all of the Senior Debt shall have been fully paid and satisfied with interest (including without limitation, any and all interest accruing upon and after the commencement of any proceedings under the United States Bankruptcy Code as in effect from time to time (the “Code”), whether or not such interest is allowed in any such proceeding), and (ii) the Revolving Credit Commitment (as such term is defined in the Loan Agreement) has been terminated or has expired, and the Loan Agreement and all other Loan Documents have been terminated; provided, however, that so long as no Default or Event of Default (as such terms are defined in the Loan Agreement) has occurred and is continuing, the Company may pay to the Junior Creditor scheduled payments of principal and accrued interest as and when due and payable in accordance with the terms of the Junior Debt as in effect on the date hereof.
Subordination of Junior Debt. The payment and performance of the Junior Debt is hereby subordinated to the payment and performance of the Senior Debt in accordance with this Agreement. Prior to any Event of Default, Junior Lender may receive payment from Borrower in respect of the Junior Debt. Upon and during the continuance of any Event of Default, Junior Lender will not ask, demand, sue for, take or receive from Borrower or any other person liable for all or any part of the Senior Debt, by setoff or in any other manner, the whole or any part of the Junior Debt, or any monies which may now or hereafter be owing in respect of the Junior Debt (whether such amounts represent principal or interest, or obligations which are due or not due, direct or indirect, absolute or contingent). Junior Lender will not ask, demand, sue for, take, or receive from Borrower, or any other person liable for all or any part of the Senior Debt any security for the Junior Debt or any negotiable instrument for the Junior Debt, unless and until all of the Senior Debt shall have been fully paid and satisfied and all financing arrangements between Borrower and Senior Lender have been terminated.
Subordination of Junior Debt. Junior Creditor agrees that the payment of the principal of, interest on, and other amounts due and owing on the Junior Debt is and shall be expressly subordinate and junior in right of payment to the indefeasible payment and performance in full of the Senior Debt.
Subordination of Junior Debt. The repayment of any and all of the Junior Debt is hereby expressly subordinated to the prior payment in full in cash of the Liabilities.
Subordination of Junior Debt. As of the Effective Date, each Madryn Junior Creditor reaffirms the subordination of the Junior Debt (as defined in the applicable Madryn Main Street Subordination Agreement) to the Obligations as set forth in the Madryn Main Street Subordination Agreements.
Subordination of Junior Debt. 30 (a) Subordination........................................... 30 (b) Distributions........................................... 30 (c) Enforcement of Rights of Guarantor...................... 30 (d) Further Assurances...................................... 30 (e) Payments Received by Guarantor.......................... 31 (f) Instrument Legend and Notation.......................... 31 12. Miscellaneous.................................................... 31 (a) Syndication............................................. 31 (b) Loan Agreement.......................................... 32 (c) No Waiver by Bank....................................... 32 (d) Assignment.............................................. 32 (e) Severability............................................ 32 (f) Amendments.............................................. 32 (g) Service of Process and Consent to....................... 32 (h) Notices................................................. 33 EXHIBITS -------- EXHIBIT A Schedule of Litigation EXHIBIT B Employee Benefit Arrangements EXHIBIT C Schedule of Equity Investments EXHIBIT D Schedule of Real Property EXHIBIT E Compliance Certificate THIRD AMENDED AND RESTATED GUARANTY OF COMMNET CELLULAR INC. This THIRD AMENDED AND RESTATED GUARANTY ("Guaranty") is made and given as of September 6, 1995, by CommNet Cellular Inc., a Colorado corporation, formerly known as Cellular, Inc. ("Guarantor"), to CoBank, ACB, formerly known as National Bank for Cooperatives, for itself and as Agent Bank for the benefit of all present and future Syndication Parties ("Bank"). This Third Amended and Restated Guaranty amends and restates the Amended and Second Restated Guaranty dated as of March 31, 1993 between Guarantor and Bank and does not constitute a novation or discharge of the obligations of Guarantor thereunder.
Subordination of Junior Debt. The Junior Creditor will not ask, demand, accelerate, xxx for, enforce, take, collect or receive, by set-off or in any other manner, any payments, prepayments or distributions on or in respect of the Junior Debt (whether of principal, interest, collection costs or otherwise) (a) from any Credit Party, or any successor or assign of any Credit Party, including, without limitation, a receiver, trustee or debtor-in-possession (the term "Credit Party" hereinafter shall include any such successor or assign of any Credit Party), or (b) from any other person, firm, partnership or corporation for the benefit of any Credit Party, unless and until (i) all of the Senior Debt shall have been fully paid and satisfied with interest (including without limitation, any and all interest accruing upon and after the commencement of any proceedings under the United States Bankruptcy Code as in effect from time to time), and (ii) the Credit Agreement and the other Loan Documents have been terminated.
Subordination of Junior Debt
