WITNESSETH:Intercompany Subordination Agreement • May 8th, 2007 • TB Wood's INC • General industrial machinery & equipment, nec • New York
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • December 27th, 2006 • Velocity Express Corp • Air courier services • New York
THIS INTERCOMPANY SUBORDINATION AGREEMENT (this “Agreement”), dated as of December 22, 2006, is entered into among the Obligors (as defined below), in favor of WELLS FARGO FOOTHILL, INC., a California corporation, as arranger and administrative agent (in such capacity, together with its successors and assigns in such capacity, the “Agent”) for the Lender Group (as defined in the Credit Agreement referred to below) and the Bank Product Provider (as defined in the Credit Agreement referred to below).
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • June 28th, 2013 • Nevada Gold & Casinos Inc • Services-miscellaneous amusement & recreation • California
This INTERCOMPANY SUBORDINATION AGREEMENT (this “Agreement”), dated as of June 26, 2013, is entered into by and among the Obligors listed on the signature pages hereof and those additional entities that hereafter become parties hereto by joinder (collectively, jointly, and severally, the “Obligors” and each, individually, an “Obligor”), in favor of WELLS FARGO GAMING CAPITAL, LLC, a Delaware limited liability company, in its capacity as administrative agent for the below defined Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:
SECOND AMENDED AND RESTATED INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • June 28th, 2017 • Advanced Drainage Systems, Inc. • Plastics foam products • Ohio
THIS SECOND AMENDED AND RESTATED INTERCOMPANY SUBORDINATION AGREEMENT (the “Agreement”) is dated as of June 22, 2017 and is made by and among ADVANCED DRAINAGE SYSTEMS, INC., a Delaware corporation (“ADS”), EACH GUARANTOR (as defined in the Credit Agreement, as defined herein), EACH PERSON WHO HEREAFTER BECOMES A GUARANTOR UNDER THE CREDIT AGREEMENT (ADS and each Guarantor being individually referred to herein as a “Company” and collectively as the “Companies”), and PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”) for the Lenders (as defined in the Credit Agreement).
EXHIBIT 10.54 INTERCOMPANY SUBORDINATION AGREEMENT THIS INTERCOMPANY SUBORDINATION AGREEMENT (this "Agreement"), dated as of March 3, 2004, is made among the Obligors (as defined below), and WELLS FARGO FOOTHILL, INC., a California corporation...Intercompany Subordination Agreement • March 15th, 2004 • Midway Games Inc • Services-prepackaged software • Illinois
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • April 4th, 2014 • Lee Enterprises, Inc • Newspapers: publishing or publishing & printing • New York
THIS INTERCOMPANY SUBORDINATION AGREEMENT (as amended, restated, modified and/or supplemented from time to time, this “Agreement”), dated as of March 31, 2014, made by each of the undersigned (each, a “Party” and, together with any entity that becomes a party to this Agreement pursuant to Section 9 hereof, the “Parties”) and Wilmington Trust, National Association, as collateral agent (in such capacity, together with any successor collateral agent, the “Collateral Agent”), for the benefit of the Senior Creditors (as defined below). Unless otherwise defined herein, all capitalized terms used herein shall have the meanings ascribed to them in the Loan Agreement referred to below.
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • February 3rd, 2012 • Lee Enterprises, Inc • Newspapers: publishing or publishing & printing • New York
THIS INTERCOMPANY SUBORDINATION AGREEMENT (as amended, restated, modified and/or supplemented from time to time, this “Agreement”), dated as of January 30, 2012, made by each of the undersigned (each, a “Party” and, together with any entity that becomes a party to this Agreement pursuant to Section 9 hereof, the “Parties”) and Deutsche Bank Trust Company Americas, as collateral agent (in such capacity, together with any successor collateral agent, the “Collateral Agent”), for the benefit of the Senior Creditors (as defined below). Unless otherwise defined herein, all capitalized terms used herein shall have the meanings ascribed to them in the Credit Agreement referred to below.
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • February 27th, 2020 • ZoomInfo Technologies Inc. • Services-prepackaged software • New York
180,000,000 REVOLVING CREDIT FACILITY CREDIT AGREEMENT by and among UNDER ARMOUR, INC., THE LENDERS PARTY HERETO, PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent, SUNTRUST BANK, as Syndication Agent and COMPASS BANK, as Documentation Agent...Intercompany Subordination Agreement • November 29th, 2011 • Under Armour, Inc. • Apparel & other finishd prods of fabrics & similar matl • Pennsylvania
THIS CREDIT AGREEMENT (as hereafter amended, the “Agreement”) is dated as of January 28, 2009 and is made by and among UNDER ARMOUR, INC., a Maryland corporation (the “Borrower”), each of the GUARANTORS (as hereinafter defined), the LENDERS (as hereinafter defined), and PNC BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent for the Lenders under this Agreement (hereinafter referred to in such capacity as the “Administrative Agent”), SUNTRUST BANK, as Syndication Agent, and COMPASS BANK, as Documentation Agent.
AMENDED AND RESTATED INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • March 29th, 2022 • Pear Therapeutics, Inc. • Services-health services • New York
This AMENDED AND RESTATED INTERCOMPANY SUBORDINATION AGREEMENT, dated as of March 25, 2022 (this “Subordination Agreement”), is entered into by and among Pear Therapeutics, Inc., a Delaware corporation (“Holdings”), Pear Therapeutics (US), Inc., a Delaware corporation (the “Borrower”), certain Subsidiaries of the Borrower that are parties hereto, and certain other Subsidiaries of Holdings that may, from time to time in the future, become parties hereto by executing and delivering a joinder agreement in substantially the form of Exhibit A hereto (any such Subsidiary being herein, individually, a “Subsidiary Party” and collectively the “Subsidiary Parties”) and Perceptive Credit Holdings III, LP, a Delaware limited partnership, in its capacity as Administrative Agent for the Lenders under the Credit Agreement (as defined below) (in such capacity, together with its successors and assigns, the “Administrative Agent”).
FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENTIntercompany Subordination Agreement • April 23rd, 2010 • Federated Investors Inc /Pa/ • Investment advice • Pennsylvania
This ASSIGNMENT AND ASSUMPTION AGREEMENT (the “Assignment”) is dated as of the Effective Date set forth below and is entered into by and between [Insert name of Assignor] (the “Assignor”) and [Insert name of Assignee] (the “Assignee”). Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below (as amended, the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex 1 attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment as if set forth herein in full.
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • April 13th, 2007 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York
THIS INTERCOMPANY SUBORDINATION AGREEMENT, made and entered into as of November 5, 2004 (this “Subordination Agreement”), by and among, Imaging Acquisition Corporation, a Delaware corporation (“Newco”), Agfa Monotype Corporation, a Delaware corporation (“Monotype”), International Typeface Corporation, a New York corporation (“Typeface”, and together with Newco and Monotype, the “Borrowers”), Monotype Imaging Holdings Corp., a Delaware corporation (“Parent”, and together with the Borrowers, each a “Subordinating Creditor,” and collectively, the “Subordinating Creditors”), and D.B. Zwirn Special Opportunities Fund, L.P., a Delaware limited partnership, as the arranger and administrative agent (together with any successor(s) thereto in such capacity, the “Agent”) under the Credit Agreement referenced below. Unless otherwise defined herein, all capitalized terms used herein shall have the respective meanings assigned to such terms in the Credit Agreement, dated as of November 5, 2004 (as a
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • July 31st, 2014 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York
THIS INTERCOMPANY SUBORDINATION AGREEMENT (this “Agreement”), dated as of July 30, 2014, is made by and among ACRC LENDER LLC, a Delaware limited liability company (“Borrower”), ARES COMMERCIAL REAL ESTATE CORPORATION, a Maryland corporation (“Guarantor”, together with Borrower, referred to hereinafter each individually as an “Obligor”, and individually and collectively, jointly and severally, as the “Obligors”), in favor of CITY NATIONAL BANK, a national banking association, as the arranger and administrative agent for the Lender Group (in such capacity, together with its successors and assigns in such capacity, “Agent”).
EX-10.1 5 d18302dex101.htm EX-10.1 EXECUTION VERSION INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • May 5th, 2020 • New York
THIS INTERCOMPANY SUBORDINATION AGREEMENT, dated as of November 9, 2015 (as amended or otherwise modified from time to time, this “Subordination Agreement”), is made among Affinion Group, Inc. (“Affinion Group”) as the “Subordinated Creditor” and each other Person that may from time to time become a party hereto as a “Subordinated Creditor” (collectively, the “Subordinated Creditors”), and each party listed on the signature pages hereto as an “Obligor” and each other Person that may from time to time become a party hereto as an “Obligor” (collectively, the “Obligors”).
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • August 11th, 2017 • Nuverra Environmental Solutions, Inc. • Oil & gas field services, nec
This INTERCOMPANY SUBORDINATION AGREEMENT (this “Agreement”), dated as of August 7, 2017, is entered into by and among the Obligors listed on the signature pages hereof and those additional entities that hereafter become parties hereto by joinder (collectively, jointly, and severally, the “Obligors” and each, individually, an “Obligor”), in favor of (i) ACF FINCO I LP, an entity managed by Ares Management, L.P., as administrative agent for each member of the First Lien Lender Group (in such capacity, together with its successors and assigns in such capacity, the “First Lien Agent”) and (ii) WILMINGTON SAVINGS FUND SOCIETY, FSB, as administrative agent for each member of the Second Lien Lender Group (in such capacity, together with its successors and assigns in such capacity, “Second Lien Agent”), in light of the following:
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • August 27th, 2021 • Newegg Commerce, Inc. • Retail-retail stores, nec • New York
THIS INTERCOMPANY SUBORDINATION AGREEMENT (as may be as amended, modified, renewed, extended, or replaced from time to time, this “Agreement”), dated as of August 20, 2021, is made among the Obligors (as defined below), EAST WEST BANK (“East West”), as administrative agent and collateral agent for the below defined Lenders (East West, in such capacity, “Agent”), in light of the following:
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • June 26th, 2006 • Golfsmith International Holdings Inc • Retail-miscellaneous shopping goods stores
AMENDED AND RESTATED SUBORDINATION AGREEMENT, dated as of June 20, 2006, by and among GOLFSMITH INTERNATIONAL, INC., GOLFSMITH INTERNATIONAL HOLDINGS, INC., GOLFSMITH GP HOLDINGS, INC., GOLFSMITH HOLDINGS, L.P., GOLFSMITH INTERNATIONAL, L.P. (“L.P.”), GOLFSMITH GP, L.L.C., GOLFSMITH DELAWARE, L.L.C., GOLFSMITH CANADA, L.L.C., GOLFSMITH EUROPE, L.L.C., GOLFSMITH USA, L.L.C. (“USA”), GOLFSMITH NU, L.L.C. (“NU”), DON SHERWOOD GOLF SHOP. (“Sherwood”)] and GOLFSMITH LICENSING, L.L.C., and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, in its capacity as Agent for Lenders.
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • May 13th, 2005 • 155 East Tropicana, LLC • New York
THIS INTERCOMPANY SUBORDINATION AGREEMENT (this “Agreement”), dated as of March 29, 2005, is delivered by and among 155 EAST TROPICANA, LLC, a Nevada limited liability company (“155 LLC”), and 155 EAST TROPICANA FINANCE CORP., a Nevada corporation (“155 Corp.”; 155 LLC and 155 Corp. are referred to hereinafter each individually as an “Obligor”, and individually and collectively, jointly and severally, as the “Obligors”), in favor of WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger and administrative agent for the below defined Lenders (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:
JOINDER TO INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • October 11th, 2018 • Nuverra Environmental Solutions, Inc. • Oil & gas field services, nec
JOINDER TO INTERCOMPANY SUBORDINATION AGREEMENT (this “Joinder”) dated as of October 5, 2018, to the Intercompany Subordination Agreement dated as of August 7, 2017 (as amended, restated, supplemented or otherwise modified from time to time, including all exhibits and schedules thereto, the “Agreement”) by and among each of the persons originally party thereto as an “Obligor” (the “Original Obligors”), ACF FINCO I LP, an entity managed by Ares Management, L.P., as administrative agent for each member of the First Lien Lender Group (in such capacity, together with its successors and assigns in such capacity, the “First Lien Agent”), and WILMINGTON SAVINGS FUND SOCIETY, FSB, as administrative agent for each member of the Second Lien Lender Group (in such capacity, together with its successors and assigns in such capacity, “Second Lien Agent”; and together with the First Lien Agent, collectively, the “Agents”).
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • August 10th, 2018 • Endologix Inc /De/ • Surgical & medical instruments & apparatus • New York
THIS INTERCOMPANY SUBORDINATION AGREEMENT (this “Subordination Agreement”), dated as of August 9, 2018 is made among the companies from time to time party hereto (the “Companies”), and Deerfield Private Design Fund IV, L.P., a Delaware limited partnership (“Deerfield PDF”), as agent (in such capacity, together with its successors and assigns in such capacity, the “Agent”) for the Secured Parties (as defined in the below-defined Facility Agreement).
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • August 11th, 2005 • SMART Modular Technologies (DE), Inc. • Semiconductors & related devices • New York
THIS INTERCOMPANY SUBORDINATION AGREEMENT (this “Agreement”), dated as of March 28, 2005, is made among the Obligors (as defined below) and US BANK NATIONAL ASSOCIATION, a national banking association, as Trustee (in such capacity, “Trustee”) for the holders of the Notes described below (the “Noteholders”).
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • March 14th, 2008 • Midway Games Inc • Services-prepackaged software • Illinois
THIS INTERCOMPANY SUBORDINATION AGREEMENT (this “Agreement”), dated as of February 29, 2008, is made among the Obligors (as defined below) and National Amusements, Inc., a Maryland corporation (“Lender”).
AMENDED AND RESTATED INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • June 28th, 2017 • Advanced Drainage Systems, Inc. • Plastics foam products • Ohio
THIS AMENDED AND RESTATED INTERCOMPANY SUBORDINATION AGREEMENT is dated as of June 22, 2017 and is made by and among ADVANCED DRAINAGE SYSTEMS, INC., a Delaware corporation (“ADS”), EACH GUARANTOR (as defined in the Credit Agreement, as defined herein), EACH PERSON WHO HEREAFTER BECOMES A GUARANTOR UNDER THE SECOND AMENDED AND RESTATED PRIVATE SHELF AGREEMENT (ADS and each Guarantor being individually referred to herein as a “Company” and collectively as the “Companies”), and PGIM, INC. (“Prudential”) for its own benefit and the benefit of the Purchasers (as defined in the Shelf Agreement).
ContractIntercompany Subordination Agreement • August 4th, 2016 • Black Box Corp • Computer communications equipment • Pennsylvania
THIS INTERCOMPANY SUBORDINATION AGREEMENT (the "Agreement"), dated May 9, 2016, is made by and among the entities listed on the signature page hereto and each of the Persons who subsequently join this Agreement pursuant to Section 11 hereof (each being individually referred to herein as a "Company" and collectively as the "Companies") for the benefit of PNC Bank, National Association, as administrative agent for the Lenders (as defined in the Credit Agreement (as hereinafter defined)) (in such capacity, the "Administrative Agent").
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • August 10th, 2018 • Endologix Inc /De/ • Surgical & medical instruments & apparatus • New York
THIS INTERCOMPANY SUBORDINATION AGREEMENT (this “Subordination Agreement”), dated as of August 9, 2018 is made among the companies from time to time party hereto (the “Companies”), and Deerfield ELGX Revolver, LLC, a Delaware limited liability company, as agent (in such capacity, together with its successors and assigns in such capacity, the “Agent”) for the Lender Group (as defined in the below-defined Credit Agreement).
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • August 19th, 2002 • Elgar Holdings Inc • Electronic components, nec • New York
THIS INTERCOMPANY SUBORDINATION AGREEMENT (this “Agreement”), dated as of June 26, 2002, is made by and among ELGAR HOLDINGS, INC., a Delaware corporation (“Parent”), and ELGAR ELECTRONICS CORPORATION, a California corporation (“Borrower”; Parent and Borrower are referred to hereinafter each individually as an “Obligor”, and collectively, as the “Obligors”), in favor of ABLECO FINANCE LLC, a Delaware limited liability company, as the collateral agent for the below-defined Lender Group (in such capacity, together with its successors, if any, in such capacity, “Collateral Agent”).
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • February 7th, 2014 • Nuverra Environmental Solutions, Inc. • Oil & gas field services, nec
This INTERCOMPANY SUBORDINATION AGREEMENT (this “Agreement”), dated as of February 3, 2014, is entered into by and among the Obligors listed on the signature pages hereof and those additional entities that hereafter become parties hereto by joinder (collectively, jointly, and severally, the “Obligors” and each, individually, an “Obligor”), in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, in its capacity as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”), in light of the following:
SECOND AMENDED AND RESTATED INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • September 7th, 2007 • New York & Company, Inc. • Retail-women's clothing stores • New York
THIS SECOND AMENDED AND RESTATED INTERCOMPANY SUBORDINATION AGREEMENT (this “Agreement”), dated as of August 22, 2007, is made among the Obligors (as defined below), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as agent (in such capacity, “Agent”) for the Lenders (as defined below) and Bank Product Providers (as defined in the Loan Agreement (as defined below)).
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • December 23rd, 2010 • American Commercial Lines Inc. • Water transportation • New York
THIS INTERCOMPANY SUBORDINATION AGREEMENT (this “Agreement”), dated as of December 21, 2010, is made among the Companies (as defined below) and WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as agent (in such capacity, together with its successors and assigns, “Agent”) for the Lenders (such capitalized terms and all other capitalized terms used herein without definition shall have the meanings provided for in Section 1) and the Bank Product Providers.
Second Amended and Restated Intercompany Subordination AgreementIntercompany Subordination Agreement • May 2nd, 2007 • SMART Modular Technologies (WWH), Inc. • Semiconductors & related devices • New York
This Second Amended and Restated Intercompany Subordination Agreement (this “Second Amended and Restated Subordination Agreement”), dated as of April 30, 2007, is made among the Obligors (as defined below) and Wells Fargo Bank, National Association, a national banking association, as Agent (in such capacity, “Agent”) for the Lenders (as defined below).
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • March 8th, 2005 • Oasis Interval Ownership, LLC • New York
THIS INTERCOMPANY SUBORDINATION AGREEMENT (this “Agreement”), dated as of December 20, 2004, is delivered by and among B & B B, INC., a Nevada corporation (“B&BB”), CASABLANCA RESORTS, LLC, a Nevada limited liability company (“CBR”), OASIS INTERVAL MANAGEMENT, LLC, a Nevada limited liability company (“OIM”), OASIS INTERVAL OWNERSHIP, LLC, a Nevada limited liability company (“OIO”), OASIS RECREATIONAL PROPERTIES, INC., a Nevada corporation (“ORC”), RBG, LLC, a Nevada limited liability company (“RBG”), and VIRGIN RIVER CASINO CORPORATION, a Nevada corporation (“VRCC”; B&BB, CBR, OIM, OIO, ORC, RBG, and VRCC, are referred to hereinafter each individually as an “Obligor”, and individually and collectively, jointly and severally, as the “Obligors”), in favor of WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger and administrative agent for the below defined Lenders (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of
INTERCOMPANY SUBORDINATION AGREEMENT SUGARFINA CORPORATION, a Delaware corporation, SUGARFINA IP LLC, a Delaware limited liability company, SUGARFINA USA LLC, a Delaware limited liability company, SUGARFINA GLOBAL LLC, a Delaware limited liability...Intercompany Subordination Agreement • September 27th, 2022 • Sugarfina Corp • Retail-food stores • California
THIS INTERCOMPANY SUBORDINATION AGREEMENT (this “Agreement”), dated as of May ___, 2022, is made by and between SUGARFINA CORPORATION, a Delaware corporation, SUGARFINA IP LLC, a Delaware limited liability company, SUGARFINA USA LLC, a Delaware limited liability company, SUGARFINA GLOBAL LLC, a Delaware limited liability company and SUGARFINA GLOBAL CANADA LTD, a Canadian company (individually and collectively, “Borrower”), BRISTOL LUXURY GROUP LLC, a Delaware limited liability company (“Parent”) (Parent and Borrower and any Affiliate who becomes are party hereto are sometimes collectively referred to herein as, “Obligors” and individually as an “Obligor”), on the one hand, and AUSTIN FINANCIAL SERVICES, INC., a Delaware corporation (“Lender”), on the other hand.
1 EXHIBIT 10(a)(c) TO FRONTSTEP, INC. ANNUAL REPORT ON FORM 10-K 2 INTERCOMPANY SUBORDINATION AGREEMENT THIS intercompany SUBORDINATION AGREEMENT (this "Agreement"), dated as of July 17, 2001, is made among the Obligors (as defined below), and...Intercompany Subordination Agreement • September 28th, 2001 • Frontstep Inc • Services-prepackaged software • New York
INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • April 8th, 2004 • GNLV Corp • Asset-backed securities • California
THIS INTERCOMPANY SUBORDINATION AGREEMENT (as amended, restated, modified, supplemented, renewed or extended from time to time, this “Agreement”), dated as of January 23, 2004, is made by and among POSTER FINANCIAL GROUP, INC., a Nevada corporation (“Parent”), each of Parent’s Subsidiaries identified on the signature pages hereof (such Subsidiaries, together with Parent, are referred to hereinafter each individually as an “Obligor”, and individually and collectively, jointly and severally, as the “Obligors”), in favor of WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger, administrative agent and documentation agent for the Lenders (in such capacity, together with its successors, if any, “Agent”).
FIRST AMENDMENT TO INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • November 15th, 2005 • Peninsula Gaming, LLC • Services-amusement & recreation services • New York
This FIRST AMENDMENT TO INTERCOMPANY SUBORDINATION AGREEMENT (this “Amendment”) is entered into as of May 13, 2005, among THE OLD EVANGELINE DOWNS, L.L.C., a Louisiana limited liability company (“OED”), DIAMOND JO WORTH, LLC, a Delaware limited liability company (“DJW”), DIAMOND JO, LLC (formerly known as Peninsula Gaming Company, LLC), a Delaware limited liability company (“DJO”; together with OED and DJW, hereinafter collectively referred to as the “Borrowers” and each individually, a “Borrower”), PENINSULA GAMING CORP. (formerly known as The Old Evangeline Downs Capital Corp.), a Delaware corporation (“OED Capital”), PENINSULA GAMING, LLC, a Delaware limited liability company (“Peninsula Gaming”), OED ACQUISITION, LLC, a Delaware limited liability company (“OEDA”), and WELLS FARGO FOOTHILL, INC., a California corporation, as agent for the Lenders (as defined in the Senior Loan Agreement defined below) (“Agent”).
