Exhibit 10.4 INTERCREDITOR AND SUBORDINATION AGREEMENT This Intercreditor and Subordination Agreement (this "Agreement"), dated as of January 31, 2008 is among Societe Generale, as administrative agent (in such capacity, with its successors and...Intercreditor and Subordination Agreement • February 6th, 2008 • Abraxas Petroleum Corp • Crude petroleum & natural gas • New York
ContractIntercreditor and Subordination Agreement • December 17th, 2008 • Perfumania Holdings, Inc. • Retail-miscellaneous retail • New York
THIS SUBORDINATED PROMISSORY NOTE IS SUBJECT TO AN INTERCREDITOR AND SUBORDINATION AGREEMENT DATED AS OF AUGUST 11, 2008 (THE “INTERCREDITOR AND SUBORDINATION AGREEMENT”) AMONG THE SUBORDINATED LENDERS PARTY THERETO, MODEL REORG ACQUISITION, LLC AND GENERAL ELECTRIC CAPITAL CORPORATION, AS AGENT AND COLLATERAL AGENT FOR CERTAIN LENDERS. BY ITS ACCEPTANCE OF THIS SUBORDINATED PROMISSORY NOTE, THE HOLDER HEREOF AGREES TO BE BOUND BY THE PROVISIONS OF SUCH INTERCREDITOR AND SUBORDINATION AGREEMENT TO THE SAME EXTENT THAT THE SUBORDINATED LENDERS (AS DEFINED THEREIN) ARE BOUND.
EXHIBIT 99.15 INTERCREDITOR AND SUBORDINATION AGREEMENT INTERCREDITOR AND SUBORDINATION AGREEMENT dated as of March 29, 2006, made by TRIDENT GROWTH FUND, L.P. (the "JUNIOR LENDER"), AFG ENTERPRISES USA, INC. a Nevada corporation ("AFG") and FP...Intercreditor and Subordination Agreement • April 4th, 2006 • AFG Enterprises USA, Inc. • Services-advertising • New York
AMENDED AND RESTATED INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • September 23rd, 2008 • Teton Energy Corp • Drilling oil & gas wells • Texas
This Amended and Restated Intercreditor and Subordination Agreement (this “Agreement”), dated as of September 19, 2008, is among JPMORGAN CHASE BANK, N.A., a national banking association, as administrative agent (in such capacity, with its successors and assigns, the “Senior Agent”) for the Senior First Priority Secured Parties, THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association, as collateral agent and subordinated holder representative for the Subordinated Holders (the “Subordinated Holder Representative”), TETON ENERGY CORPORATION, a Delaware corporation (“Borrower”), and each of the other Loan Parties party hereto.
LOAN AGREEMENTIntercreditor and Subordination Agreement • April 27th, 2016 • Virginia
WHEREAS, the County Board established its Affordable Housing Investment Fund (“AHIF”) program for the purpose of providing Arlington County taxpayer funds for the development of affordable housing residential units and programs for Low- and Very Low-Income Households; and
CONSENT UNDER SECOND AMENDED AND RESTATED INTERCREDITOR AND SUBORDINATION AGREEMENT -----------------------------------------Intercreditor and Subordination Agreement • October 12th, 2004 • Overhill Farms Inc • Canned, frozen & preservd fruit, veg & food specialties • California
R E C I T A L S ---------------Intercreditor and Subordination Agreement • November 5th, 2003 • Overhill Farms Inc • Canned, frozen & preservd fruit, veg & food specialties • California
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • November 2nd, 2012 • Fusion Telecommunications International Inc • Telephone communications (no radiotelephone) • New York
INTERCREDITOR AND SUBORDINATION AGREEMENT dated as of October 29, 2012, by and among Marvin Rosen, an individual “Subordinated Lender”), FUSION TELECOMMUNICATIONS INTERNATIONAL, INC., a Delaware corporation (“Issuer”), PRAESIDIAN CAPITAL OPPORTUNITY FUND III, LP, a Delaware limited partnership (“Fund III”), PRAESIDIAN CAPITAL OPPORTUNITY FUND III-A, LP, a Delaware limited partnership (“Fund III-A”) and PLEXUS FUND II, LP, a Delaware limited partnership (“Plexus” and together with Fund III and Fund III-A and each of their successors and assigns, each a “Purchaser”, and collectively, the “Purchasers”), and Fund III, as agent for the Purchasers (in such capacity, the “Agent”).
SRZ Draft 03/10/00 INTERCREDITOR AND SUBORDINATION AGREEMENT dated as of March __, 2000Intercreditor and Subordination Agreement • March 14th, 2000 • Planet Hollywood International Inc • Retail-eating places • New York
INTERCREDITOR AND SUBORDINATION AGREEMENT Dated as of May 28, 2020 Among WILMINGTON TRUST, NATIONAL ASSOCIATION As the Senior Collateral Agent, Royal Bank of Canada, together with its successors and assigns, and holders of Permitted Pari Passu Secured...Intercreditor and Subordination Agreement • June 2nd, 2020 • AG Mortgage Investment Trust, Inc. • Real estate investment trusts • New York
This Intercreditor and Subordination Agreement is made as of May 28, 2020 by and among AG Mortgage Investment Trust, Inc., for itself and the Seller Entities (defined below) (“AGMIT”), Wilmington Trust, National Association, not in its individual capacity but solely in its capacity as collateral agent for the holders of the Senior Secured Debt Obligations (defined below) (in such capacity, together with its successors, assigns or replacements in such capacity, the “Senior Collateral Agent”) and RBC, as the holder of the Subordinated Note hereinafter referred to (together with its successors and assigns and any holder of Permitted Pari Passu Secured Indebtedness designated by AGMIT that executes a Joinder, collectively, the “Subordinated Lender”)
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • November 23rd, 2016 • Fusion Telecommunications International Inc • Services-prepackaged software • New York
INTERCREDITOR AND SUBORDINATION AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of November 14, 2016, by and among MARVIN ROSEN, an individual (“Subordinated Lender”), FUSION TELECOMMUNICATIONS INTERNATIONAL, INC., a Delaware corporation (“Issuer”), each other Credit Party party hereto and EAST WEST BANK, in its capacity as administrative agent (“Administrative Agent”) pursuant to the Credit Agreement (as hereinafter defined).
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • March 25th, 2016 • Industrial Services of America Inc • Sanitary services • Connecticut
THIS INTERCREDITOR AND SUBORDINATION AGREEMENT (this “Agreement” as further defined below) is entered into as of this 29th day of February, 2016 by K&R, LLC, a Kentucky limited liability company (“Subordinated Lender” as further defined below), INDUSTRIAL SERVICES OF AMERICA, INC., a Florida corporation (“Company”) and the other “Debtors” signatory hereto, for the benefit of MIDCAP BUSINESS CREDIT LLC, a Texas limited liability company (“Senior Lender” as further defined below).
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • August 21st, 2003 • Airnet Communications Corp • Radio & tv broadcasting & communications equipment
THIS AGREEMENT is dated as of the 13th day of August, 2003, by and among: AIRNET COMMUNICATIONS CORPORATION, a Delaware corporation (the “Borrower”), FORCE COMMUNICATIONS CORPORATION, a Delaware corporation (“Force”), SANMINA CORPORATION, a Delaware corporation (“Sanmina”), and BROOKTROUT, INC., Massachusetts corporation (“Brooktrout” and together with Force and Sanmina, collectively and individually, the “Subordinated Lender”); and SCP PRIVATE EQUITY PARTNERS II, LP, a Delaware limited partnership (“SCP II”) and TECORE, INC., a Texas corporation (“Tecore” and together with SCP II, collectively and individually, the “Lenders”).
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • September 23rd, 2015 • S&W Seed Co • Agricultural production-crops • New York
THIS INTERCREDITOR AND SUBORDINATION AGREEMENT (this "Agreement") dated as of September 22, 2015, is by and between (i) KeyBank National Association (the "Working Capital Lender" as hereinafter further defined), (ii) Hudson Bay Fund LP, in its capacity as agent for the holders of the Term Loan Debt defined below (in such capacity, the "Term Loan Agent" as hereinafter further defined) and (iii) Pioneer Hi-Bred International, Inc., an Iowa corporation (the "Pioneer Lender" as hereinafter further defined).
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • November 25th, 2020 • New York
THIS INTERCREDITOR AND SUBORDINATION AGREEMENT (this "Agreement") is made as of __________, by and among __________________, having an address at ____________________________ (such entity, together with any subsequent holder of the First Mortgage Loan Documents (hereinafter defined), the "First Mortgagee"), ________________________________, having an address at _______________ (such entity, together with any subsequent holder of the Subordinate Mortgage Loan Documents (hereinafter defined), the "Subordinate Mortgagee") and _____________________, having an address at _________________("Borrower").
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • June 28th, 2013 • Nevada Gold & Casinos Inc • Services-miscellaneous amusement & recreation • California
This INTERCREDITOR AND SUBORDINATION AGREEMENT (this “Agreement”) is dated as of June 26, 2013, and entered into by and between WELLS FARGO GAMING CAPITAL, LLC, a Delaware limited liability company (“WFGC”), in its capacity as agent under the Loan Documents (as hereinafter defined), including its successors and assigns in such capacity from time to time (“Agent”) and MICHAEL J. TRUCANO, as seller’s representative under the Trucano Documents (as defined below) (“Trucano”).
Exhibit 10.4 THIS SECURITY HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR REGISTERED OR QUALIFIED UNDER ANY APPLICABLE STATE SECURITIES LAW AND MAY NOT BE SOLD, TRANSFERRED, PLEDGED, HYPOTHECATED OR OTHERWISE ASSIGNED EXCEPT...Intercreditor and Subordination Agreement • November 5th, 2003 • Overhill Farms Inc • Canned, frozen & preservd fruit, veg & food specialties • California
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • August 24th, 2006 • Wentworth Energy, Inc. • Crude petroleum & natural gas • New York
INTERCREDITOR AND SUBORDINATION AGREEMENT dated as of July 24, 2006, made by Cornell Capital Partners, LP (the "Subordinated Lender") , Wentworth Energy, Inc. an Oklahoma corporation (the "Company"), Wentworth Oil & Gas, Inc., a Nevada corporation, (the "Subsidiary" and collectively with the Company, the "Obligors"), and Castlerigg Master Investments Ltd. as collateral agent (the "Senior Agent") for the holders of the Senior Debt (as hereinafter defined), including, but not limited to, the Senior Agent and each other holder of the Senior Notes (as defined below) (collectively, the “Senior Lenders”).
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • October 13th, 2006 • Halo Technology Holdings, Inc. • Services-prepackaged software • New York
AMENDED AND RESTATED INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • May 11th, 2007 • Small World Kids Inc • Games, toys & children's vehicles (no dolls & bicycles) • California
THIS AMENDED AND RESTATED INTERCREDITOR AND SUBORDINATION AGREEMENT is entered into as of _____________, 2007, among ST. CLOUD CAPITAL PARTNERS, L.P. (“Senior Creditor”), and the subordinated creditors executing this Agreement (each hereinafter referred to as a “Subordinated Creditor” and collectively, as the “Subordinated Creditors”), and SBI Advisors, LLC, a California limited liability company, in its capacity as administrative agent for the Original Subordinated Creditors (“Administrative Agent”), in light of the following:
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • December 22nd, 2023 • KonaTel, Inc. • Communications services, nec • New York
This Intercreditor and Subordination Agreement (this “Agreement”), dated as of December 18, 2023, is entered into by and among CCUR Holdings, Inc., a Delaware corporation as the Collateral Agent under the Senior Credit Agreement (as defined below) (the “Lender”), and ACP Financing VII, Limited Liability Company, a Texas limited liability company, as Seller under the Installment Sale Agreement (as defined below) (in such capacity, the “Subordinated Creditor” or “ACP”).
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • May 19th, 2005 • Infotech Usa Inc • Services-computer integrated systems design • New York
This Intercreditor and Subordination Agreement (“Agreement”) is made as of this 16th day of May, 2005, by and between Wells Fargo Business Credit, Inc., a Minnesota corporation (“Wells Fargo”), and Ingram Micro Inc., a Delaware corporation (“Ingram”).
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • June 5th, 2008 • RxElite, Inc. • Pharmaceutical preparations • New York
THIS INTERCREDITOR AND SUBORDINATION AGREEMENT, dated as of May 30, 2008 (this “Agreement”) by and among NPIL Pharma Inc., a Delaware corporation (together with any successor or assigns thereof or any subsequent holder of the Subordinated Obligations referred to below, the “Subordinated Lender”), RXELITE, INC., a Delaware corporation (the “Company”), each subsidiary of the Company listed on the signature pages hereto (each a "Guarantor" and collectively, the "Guarantors"; together with the Company and their respective successors and assigns (including any trustee or debtor-in-possession for or of any such Person), being collectively, the “Obligors” and each an “Obligor”), and CASTLERIGG MASTER INVESTMENTS LTD., a British Virgin Islands company, in its capacity as collateral agent (in such capacity, together with any successors or assigns, the “Senior Agent”) for the Senior Creditors under the Senior Transaction Documents (as such terms are defined below).
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • March 31st, 2009 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts • Texas
INTERCREDITOR AND SUBORDINATION AGREEMENT BY AND BETWEENIntercreditor and Subordination Agreement • November 2nd, 2015 • California
[ ], 2015 (as amended, restated or otherwise modified from time to time, this “Agreement”), by and among the SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY, a joint power agency and a public entity organized under the laws of the State of California and created under the provisions of the Act and the Joint Powers Agreement (each as defined below) (“SCPPA”), the POWER AND WATER RESOURCES POOLING
WAIVER AND AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENTIntercreditor and Subordination Agreement • May 24th, 2011 • Latrobe Specialty Metals, Inc. • New York
WAIVER AND AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENT, dated March 17, 2010 (this “Amendment No. 2”), is by and among Wachovia Bank, National Association, a national banking association, in its capacity as agent pursuant to the Loan Agreement (as hereinafter defined) acting for and on behalf of the parties thereto as lenders (in such capacity, “Agent”), the parties to the Loan Agreement as lenders (individually, each a “Lender” and collectively, “Lenders”), Latrobe Steel Company, a Pennsylvania corporation (“Latrobe”), OH&R Special Steels Company, a Delaware corporation (“OH&R”), Specialty Steel Supply, Inc., a Texas corporation (“Specialty Steel” and together with Latrobe and OH&R, each individually a “Borrower” and collectively, “Borrowers”), and Toolrock Holding, Inc., a Delaware corporation (“Parent”, sometimes individually referred to herein as a “Guarantor” and collectively, “Guarantors” as defined in the Loan Agreement).
Exhibit 10.3 MODIFICATION OF FIRST AMENDMENT TO AMENDED AND RESTATED INTERCREDITOR AND SUBORDINATION AGREEMENT This MODIFICATION OF FIRST AMENDMENT TO AMENDED AND RESTATED INTERCREDITOR AND SUBORDINATION AGREEMENT (this "MODIFICATION") is entered into...Intercreditor and Subordination Agreement • January 27th, 2004 • Miller Industries Inc /Tn/ • Truck & bus bodies • Georgia
SECURITIES PURCHASE AGREEMENTIntercreditor and Subordination Agreement • January 12th, 2017 • Co-Diagnostics, Inc. • Surgical & medical instruments & apparatus • New York
THIS SECURITIES PURCHASE AGREEMENT (the “Agreement”) is made as of December 12, 2016, by and among CO-DIAGNOSTICS, INC., a Utah corporation (and together with all of its current and future, direct and/or indirect, wholly owned and/or partially owned Subsidiaries, collectively, the “Company”), each purchaser identified on the signature pages hereto (the “Purchasers” and each a “Purchaser”).
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • March 2nd, 2015 • Layne Christensen Co • Construction - special trade contractors • New York
This INTERCREDITOR AND SUBORDINATION AGREEMENT (as the same may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is dated as of March 2, 2015, and is entered into by and between PNC BANK, NATIONAL ASSOCIATION (in its capacity as administrative agent for the Lenders (as hereinafter defined), the “Agent”; the Agent and such Lenders, collectively, the “Senior Creditors” and each individually, a “Senior Creditor”), for and on behalf of the Senior Creditors and each other Senior Claimholder (as hereinafter defined) from time to time, and U.S. BANK NATIONAL ASSOCIATION (in its capacity as trustee for the Subordinated Noteholders (as hereinafter defined), the “Subordinated Creditor”) for and on behalf of the Subordinated Claimholders (as hereinafter defined) from time to time.
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • May 6th, 2013 • Global Telecom & Technology, Inc. • Telephone communications (no radiotelephone) • New York
This INTERCREDITOR AND SUBORDINATION AGREEMENT (this “Agreement”) is dated as of April 30, 2013, and entered into by and among WEBSTER BANK, N.A., as senior agent (in such capacity, the “Senior Agent”) for itself and the other senior creditors party to the Senior Credit Agreement (as defined below) (together with the Senior Agent, individually, a “Senior Creditor” and collectively, the “Senior Creditors”), BIA DIGITAL PARTNERS SBIC II LP, as agent (in such capacity, the “Subordinated Agent”) for itself and the other Subordinated Creditors (as defined below), and the other Subordinated Creditors identified on the signature pages hereof (together with the Subordinated Agent, individually, a “Subordinated Creditor”, and collectively, the “Subordinated Creditors”).
INTERCREDITOR AND SUBORDINATION AGREEMENT (FF&E) dated as of September 30, 2008 between LAKES KAR-SHINGLE SPRINGS, LLC, as lender under the Lakes Notes and as Manager of the Project and BANK OF UTAH, as FF&E AgentIntercreditor and Subordination Agreement • October 6th, 2008 • Lakes Entertainment Inc • Services-miscellaneous amusement & recreation • New York
This Intercreditor and Subordination Agreement (this “Agreement”) is dated as of September 30, 2008 and is by and between Lakes KAR-Shingle Springs, LLC, a Delaware limited liability company (together with its successors, assigns and transferees, “Lakes”), as lender under the Lakes Notes (as defined below) and as Manager under the Development and Management Agreement (each as defined below) and Bank of Utah, a Utah state bank, as collateral agent (in such capacity and together with its successors in such capacity, the “FF&E Agent”) for the FF&E Financing Parties (as defined below).
INTERCREDITOR and SUBORDINATION AGREEMENT (Loan Only)Intercreditor and Subordination Agreement • September 15th, 2020 • Ohio
THIS INTERCREDITOR and SUBORDINATION AGREEMENT, together with all extensions and renewals hereof and all modifications and amendments hereto, and all substitutions and replacements herefor, (hereinafter referred to as the "Intercreditor Agreement"), is dated as of (month) ____, _____, and is made and entered into by and among THE (NAME OF LOCAL JURISDICTION), (the "Name of Local Jurisdiction or other description)"), whose mailing address is (address of local jurisdiction), Ohio (zip code), (NAME OF BANK) (the "Bank"), whose mailing address is (address of Bank), Ohio (zip code), (include name and address of any other participating lenders) and (NAME OF BORROWER), (an Ohio corporation or other description of entity), whose mailing address is (address of borrower), Ohio (zip code), (the “Borrower”).
First Amendment to Intercreditor and Subordination AgreementIntercreditor and Subordination Agreement • November 8th, 2016 • Amarantus Bioscience Holdings, Inc. • Pharmaceutical preparations
This FIRST AMENDMENT TO INTERCREDITOR AND SUBORDINATION AGREEMENT (“First Amendment”), dated as of October [___], 2016, by and among the holders of the Company’s Series E Preferred Stock (the “Series E Holders”) and the holders of the Company’s Series H Preferred Stock (“Series H Holders”), Amarantus Bioscience Holdings, Inc. (the “Company”), all of the subsidiaries of the Company (such subsidiaries, the “Subsidiaries”, the Company jointly and severally, together with their respective successors and assigns, collectively, the “Debtors”), GEMG LLC (“GEMG”), ANSON INVESTMENTS MASTER FUND LP (“Anson”), DOMINION CAPITAL, LLC, (“Dominion”) and DELAFIELD INVESTMENTS LIMITED (“Delafield”) the holders (collectively, the “April 2016 Holders”) of the Company’s 12% OID Senior Secured Convertible Promissory Notes, in the original aggregate principal amount of $4,000,000 pursuant to the Senior Loan Agreement, Delafield in its capacity as collateral agent (in such capacity, the “Collateral Agent”) a
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • May 21st, 2012 • Blue Dolphin Energy Co • Crude petroleum & natural gas • Texas
THIS INTERCREDITOR AND SUBORDINATION AGREEMENT (this “Agreement”) is made and entered into as of August 12, 2011, by and among John H. Kissick, whose address is c/o Ares Management LLC, 2000 Avenue of the Stars, 12th floor, Los Angeles, CA 90067 (“Second Lien Holder”), Lazarus Energy LLC, a Delaware limited liability company, whose address is 3200 Southwest Freeway, Suite 3300, Houston, Texas 77027 (“Company”), and Milam Services, Inc, a Delaware corporation, whose address is 919 Milam, Suite 2100, Houston, TX 77002 (“Senior Creditor”). Each of Second Lien Holder, Company and Senior Creditor may be referred to in this Agreement individually as “Party” or collectively “Parties.”
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • March 17th, 2011 • FriendFinder Networks Inc. • Services-computer programming, data processing, etc. • New York
