Amendment To Subordination Agreement Sample Contracts

MR2 Group, Inc. – Affirmation of and Amendment to Subordination Agreement (June 13th, 2018)

THIS AFFIRMATION OF AND AMENDMENT TO SUBORDINATION AGREEMENT is made as of March __, 2018 (the "Affirmation"), by the undersigned creditors (each, a "Creditor") and Heritage Bank of Commerce ("Lender").

MusclePharm Corp – First Amendment to Subordination Agreement (November 8th, 2017)

This First Amendment to Subordination Agreement (this "Amendment") is made as of November 3, 2017, by and between (a) CROSSROADS FINANCIAL GROUP, LLC, a North Carolina limited liability company (the "Lender") and (b) Ryan Drexler, an individual (the "Creditor").

First Amendment to Subordination Agreement (November 4th, 2016)

This FIRST AMENDMENT TO SUBORDINATION AGREEMENT (this "AMENDMENT";) is dated as of October 31, 2016, and is entered into by and among (a) BANK OF AMERICA, N.A., in its capacity as agent (in such capacity, the "ABL Agent"), (b) CRYSTAL FINANCIAL LLC, in its capacity as agent (in such capacity, the "Term Agent"; and, together with the ABL Agent, collectively, the "Senior Agents," and, individually, a "Senior Agent"), (c) SG VTB HOLDINGS, LLC (in its capacity as the holder of the Subordinated Debt (as defined below), together with any successors and/or assigns, the "Junior Creditor"), and (d) (i) TURTLE BEACH CORPORATION, a Nevada corporation (the "Parent"), (ii) VOYETRA TURTLE BEACH, INC., a Delaware corporation ("Voyetra"; and together with Parent, individually, a "US Borrower," and individually and collectively, jointly and severally, the "US Borrowers"), (iii) TURTLE BEACH EUROPE LIMITED, a company limited by shares and incorporated in England and Wales with company number 03819186 (

Xtera Communications, Inc. – Amendment to Subordination Agreement (October 6th, 2016)

This Amendment to Subordination Agreement (this "Amendment") is executed, jointly and severally, by the above-named Creditors (collectively referred to herein as "Creditor") and HORIZON TECHNOLOGY FINANCE CORPORATION ("Horizon"), whose address is 312 Farmington Avenue, Farmington, CT 06032, with respect to the above-named Borrower (collectively referred to herein as "Borrower" or "the Borrower"). Creditor and Horizon are parties to a certain Subordination Agreement, dated September 13, 2106 (as amended, restated, supplemented, or otherwise modified from time to time, the "Subordination Agreement"). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Subordination Agreement.

Xtera Communications, Inc. – Amendment to Subordination Agreement (October 6th, 2016)

This Amendment to Subordination Agreement (this "Amendment") is executed, jointly and severally, by the above-named Creditors (collectively referred to herein as "Creditor") and PACIFIC WESTERN BANK ("Bank") (successor-in-interest by merger to SQUARE 1 BANK), whose address is 406 Blackwell Street, Suite 240, Durham, North Carolina 27701, with respect to the above-named Borrowers (collectively referred to herein as "Borrower" or "the Borrower"). Creditor and Bank are parties to a certain Subordination Agreement, dated September 13, 2106 (as amended, restated, supplemented, or otherwise modified from time to time, the "Subordination Agreement"). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Subordination Agreement.

Gateway Inds Inc – Amendment to Subordination Agreement (July 27th, 2016)

THIS AMENDMENT TO SUBORDINATION AGREEMENT ("Amendment") is made and entered into as of July 20, 2016, among Function(X) Inc., a Delaware corporation the ("Company"), the Subordinated Creditors and the Senior Creditor.

Lapolla Industries – Second Amendment to Subordination Agreement (June 10th, 2015)

This Second Amendment to Subordination Agreement (this "Amendment"), dated as of May 29, 2015, is made and entered into by and among BANK OF AMERICA, N.A., a national banking association ("Senior Creditor"), RICHARD J. KURTZ ("Junior Creditor"), and LAPOLLA INDUSTRIES, INC., a Delaware corporation ("Borrower").

Lapolla Industries – First Amendment to Subordination Agreement (June 10th, 2015)

This First Amendment to Subordination Agreement (this "Amendment"), dated as of November 13, 2014, is made and entered into by and among BANK OF AMERICA, N.A., a national banking association ("Senior Creditor"), RICHARD J. KURTZ ("Junior Creditor"), and LAPOLLA INDUSTRIES, INC., a Delaware corporation ("Borrower").

First Amendment to Subordination Agreement (June 29th, 2012)

This First Amendment to Subordination Agreement (the Amendment), dated this 26th day of June, 2007, is by and between Vitamin Cottage Two Ltd. Liability Company, a Colorado limited liability company (the Subordinated Creditor), and Vitamin Cottage Natural Food Markets, Inc., a Colorado corporation (the Borrower), in favor of JPMorgan Chase Bank, N.A., a national banking association, as administrative agent (together with its successor(s) thereto in such capacity, the Administrative Agent) for the ratable benefit of the Secured Parties. Capitalized terms used in this Amendment and not defined in this Amendment shall have the meaning given to such terms in the Credit Agreement referenced below.

U.S. Silica Holdings Inc. – Amendment No. 1 to Subordination Agreement (July 18th, 2011)

THIS AMENDMENT NO. 1 TO SUBORDINATION AGREEMENT (this Amendment) is made as of May 7, 2010 by and among (i) Wells Fargo Bank, National Association, successor by merger to Wachovia Bank, National Association, a national banking association, in its capacity as agent for and on behalf of the ABL Lenders (as defined below) (the ABL Agent), (ii) BNP Paribas, in its capacity as agent for and on behalf of the Term Lenders (as defined below) (the Term Agent); (iii) GGC Finance Partnership, L.P., a Cayman Islands limited partnership, in its capacity as a junior creditor under the Junior Note Purchase Agreement (as defined below) (the Junior Creditor); and (iv) U.S. Silica Company, a Delaware corporation (the Borrower).

Environmental Tectonics Corp. – Amendment to Subordination Agreement (November 20th, 2009)

THIS AMENDMENT TO SUBORDINATION AGREEMENT (this Amendment), dated as of November 16, 2009, is between PNC BANK, NATIONAL ASSOCIATION (the Bank), H. F. LENFEST (the Subordinated Lender) and ENVIRONMENTAL TECTONICS CORPORATION, a Pennsylvania corporation (Company).

Compx International Inc. – First Amendment to Subordination Agreement (September 24th, 2009)

THIS FIRST AMENDMENT TO SUBORDINATION AGREEMENT (this "Amendment") is made as of this 21st day of September, 2009 by TIMET FINANCE MANAGEMENT COMPANY, a Delaware corporation (the "Subordinate Lender") and WACHOVIA BANK, NATIONAL ASSOCIATION, as administrative agent (in such capacity, together with any successor agent, the "Administrative Agent") for the benefit of the Lenders (including, without limitation, the Issuing Lender, the Swing Line Lender and the Alternative Currency Lender) (all as defined in the Credit Agreement referenced below). Unless otherwise defined herein, all capitalized terms used herein shall have the meanings ascribed to them in the Subordination Agreement referred to below.

Consent and Amendment to Subordination Agreement and Release (April 14th, 2008)

This Amendment to Subordination Agreement and Release (the Amendment) is made as of the 11th day of October, 2007 (Effective Date), by and among William M. Beard and Lu Beard, as Trustees of The William M. Beard and Lu Beard 1988 Charitable Unitrust (Unitrust), Boatright Family, L.L.C. (Boatright), and McElmo Dome Nominee, LLC, a limited liability company (Nominee).

Nord Resources – Amendment to Subordination Agreement (May 31st, 2006)

This Agreement, dated as of May 31, 2006, is made by RONALD A. HIRSCH, a single man and resident of California, and STEPHEN D. SEYMOUR, a married man and resident of Maryland (collectively, the Subordinated Creditor), for the benefit of NEDBANK LIMITED, a limited liability company organized under the laws of the Republic of South Africa (the Lender).

Amendment to Subordination Agreement (August 30th, 2005)

THIS AMENDMENT TO SUBORDINATION AGREEMENT (this Amendment) is made and entered into this 22nd day of August, 2005, by and between VIRBAC S. A., a business organized under the laws of the Republic of France (the Subordinating Creditor) and FIRST BANK, a national banking association (the Bank).

Pw Eagle – First Amendment to Subordination Agreement (May 6th, 2005)

This FIRST AMENDMENT TO SUBORDINATION AGREEMENT (this Amendment), dated as of March 10, 2005, is made by and among WELLS FARGO BUSINESS CREDIT, INC. (Wells Fargo), MEDALLION CAPITAL, INC. (Medallion) (Wells Fargo and Medallion being each a Lender and collectively the Lenders), USPOLY COMPANY (the Company) and SPELL CAPITAL PARTNERS, LLC (the Subordinated Creditor).

Freightcar America Inc – Waiver and First Amendment to Lasalle Credit Agreement, First Amendment to Subordination Agreement, and Reaffirmation of Guaranties and Subordination Agreement (March 17th, 2005)

This WAIVER AND FIRST AMENDMENT TO LASALLE CREDIT AGREEMENT, FIRST AMENDMENT TO SUBORDINATION AGREEMENT, REAFFIRMATION OF GUARANTIES AND SUBORDINATION AGREEMENT, dated and effective as of December 17, 2004 (the Agreement), is executed by and among JOHNSTOWN AMERICA CORPORATION, a Delaware corporation (JAC), FREIGHT CAR SERVICES, INC., a Delaware corporation (Freight Car), JAC OPERATIONS, INC., a Delaware corporation (JAC Operations), JAIX LEASING COMPANY, a Delaware corporation (JAIX; JAC Operations, JAC, Freight Car and JAIX each being referred to herein as a Borrower and collectively referred to herein as the Co-Borrowers), FREIGHTCAR AMERICA, INC. (formerly JAC HOLDINGS INTERNATIONAL, INC.), a Delaware corporation (JAC Holdings), JAC INTERMEDCO, INC., a Delaware corporation (JAC Intermedco), JAC PATENT COMPANY, a Delaware corporation (JAC Patent; JAC Holding, JAC Intermedco and JAC Patent each being referred to herein as a Guarantor and collectively referred to herein as the Guarant

Freightcar America – Waiver and First Amendment to Lasalle Credit Agreement, First Amendment to Subordination Agreement, and Reaffirmation of Guaranties and Subordination Agreement (February 22nd, 2005)

This WAIVER AND FIRST AMENDMENT TO LASALLE CREDIT AGREEMENT, FIRST AMENDMENT TO SUBORDINATION AGREEMENT, REAFFIRMATION OF GUARANTIES AND SUBORDINATION AGREEMENT, dated and effective as of December 17, 2004 (the Agreement), is executed by and among JOHNSTOWN AMERICA CORPORATION, a Delaware corporation (JAC), FREIGHT CAR SERVICES, INC., a Delaware corporation (Freight Car), JAC OPERATIONS, INC., a Delaware corporation (JAC Operations), JAIX LEASING COMPANY, a Delaware corporation (JAIX; JAC Operations, JAC, Freight Car and JAIX each being referred to herein as a Borrower and collectively referred to herein as the Co-Borrowers), FREIGHTCAR AMERICA, INC. (formerly JAC HOLDINGS INTERNATIONAL, INC.), a Delaware corporation (JAC Holdings), JAC INTERMEDCO, INC., a Delaware corporation (JAC Intermedco), JAC PATENT COMPANY, a Delaware corporation (JAC Patent; JAC Holding, JAC Intermedco and JAC Patent each being referred to herein as a Guarantor and collectively referred to herein as the Guarant

RE: Amendment to Subordination Agreement (February 15th, 2005)

As you are aware, on September 11, 2003, K Bank, formerly Key Bank and Trust (the Bank), closed on a $2,000,000 Revolving Line of Credit (Revolver) to Avatech Solutions Subsidiary, Inc. (Avatech). As part of this closing, a Subordination Agreement dated September 11, 2003 (the Subordination Agreement) between the Bank, Avatech, and Dassault Systemes Corp. (Dassault) was agreed to which among other things included a provision whereby outstandings under Avatechs Revolver could not exceed $2,000,000. As you are also aware, the Bank has since increased its Revolver to Avatech to $3,000,000 and Dassault has previously consented in writing to a temporary increase in the $2,000,000 senior debt limit as part of the Subordination Agreement.

Guideline – Contract (July 16th, 2003)

Exhibit 10.12 FIRST AMENDMENT TO SUBORDINATION AGREEMENT THIS FIRST AMENDMENT TO SUBORDINATION AGREEMENT ("Amendment") is made and entered as of July 2nd, 2003, by and among PETRA MEZZANINE FUND, L.P., a Delaware limited partnership ("Subordinating Creditor"), FIND/SVP, Inc., a New York corporation ("Borrower"), GUIDELINE RESEARCH CORP., a New York corporation, TABLINE DATA SERVICES, INC., a New York corporation, GUIDELINE/CHICAGO, INC., an Illinois corporation, ADVANCED ANALYTICS, INC., a New York corporation, GUIDELINE CONSULTING CORP., a New York corporation, and TTECH ACQUISITION CORP., a Delaware corporation (collectively, "Guarantors"; Guarantors and Borrower are sometimes hereinafter individually referred to as a "Debtor Party" and collectively referred to as "Debtor Parties"), and JPMORGAN CHASE BANK, a New York banking corporation ("Bank"). W I T N E S S E T H: -------------------

Image Entertainment, Inc. – First Amendment to Subordination Agreement (June 27th, 2002)

THIS AMENDMENT NUMBER ONE TO SUBORDINATION AGREEMENT (this "Amendment"), is entered into as of March 26, 2002 between BANK OF AMERICA, N. A., a national banking association (the "Bank"), and MRT Technology, LLC a California limited liability company doing business as Ritek Global Media ("Creditor"), with reference to the following recitals of fact:

Henley Healthcare Inc – Amendment to Subordination Agreement (August 14th, 1998)