Subordination and Intercreditor Agreement Sample Contracts

SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement • May 21st, 2019 • GEE Group Inc. • Services-employment agencies • New York

This Subordination AND INTERCREDITOR Agreement (this “Agreement”) is entered into as of May 15, 2019, by and among MGG Investment Group LP, as administrative agent and collateral agent for the Senior Lenders referred to below (“Senior Agent”), Ronald R. Smith, an individual (“Subordinated Creditor”), GEE Group Inc., an Illinois corporation (the “Parent”), each Subsidiary of the Parent listed as a “Borrower” on the signature pages hereto (together with the Parent and each Person joined hereto as a borrower from time to time, collectively, the “Borrowers” and each a “Borrower”), each Subsidiary of the Parent listed as a “Guarantor” on the signature pages hereto (together with each other Person joined hereto as a guarantor from time to time, collectively, the “Guarantors”, and each a “Guarantor”, and together with the Borrowers, collectively, the “Loan Parties” and each a “Loan Party”).

RECITALS
Subordination and Intercreditor Agreement • November 19th, 2003 • Akorn Inc • Pharmaceutical preparations
SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement • August 22nd, 2008 • PNG Ventures Inc • Blank checks • New York

THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this “Agreement”) is entered into as of this August 19, 2008, by and among the noteholders under the Subordinated Debt Documents (as defined herein) being limited to CASTLERIGG PNG INVESTMENTS LLC. on the date hereof (individually, a “Subordinated Creditor” and collectively, the “Subordinated Creditors” and, if there is only one such Subordinated Creditor, the term “Subordinated Creditors” and all variations thereof; e.g. “each Subordinated Creditor,” as and when used hereinbelow, shall mean and refer to that one Subordinated Creditor); PNG VENTURES, INC., a Nevada corporation (the “Company”); and FOURTH THIRD LLC, a Delaware limited liability company (“Fourth Third”), as Agent for all Senior Lenders party to the Senior Credit Agreements described below and as a Senior Lender.

Contract
Subordination and Intercreditor Agreement • April 24th, 2017 • Telos Corp • Services-computer integrated systems design • New York
AMENDMENT NO. 1 TO SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement • April 30th, 2003 • American Coin Merchandising Inc • Services-miscellaneous amusement & recreation
MULTIFAMILY DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (NORTH CAROLINA – REVISION DATE 05-11-2004)
Subordination and Intercreditor Agreement • July 7th, 2008 • Shelter Properties v Limited Partnership • Real estate

THIS MULTIFAMILY DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (the "Instrument") is made to be effective as of this June 30, 2008, among SHELTER PROPERTIES V LIMITED PARTNERSHIP, a limited partnership organized and existing under the laws of South Carolina, whose address is c/o AIMCO, Stanford Place 3, 4582 South Ulster Street Parkway, Suite 1100, Denver, Colorado 80237, as grantor ("Borrower"), to MARK S. SHIEMBOB AND BERNICE H. CILLEY, as trustee ("Trustee"), for the benefit of CAPMARK BANK, an industrial bank organized and existing under the laws of Utah, whose address is 6955 Union Park Center, Suite 330, Midvale, Utah 84047, Attn: President, as beneficiary (“Lender”). Borrower's organizational identification number, if applicable, is N/A.

Contract
Subordination and Intercreditor Agreement • April 23rd, 2019 • Cherokee Inc • Women's, misses', and juniors outerwear • New York

THIS AGREEMENT IS SUBJECT TO THE TERMS OF A SUBORDINATION AND INTERCREDITOR AGREEMENT DATED AS OF DECEMBER 28, 2018, BY AND AMONG, AMONG OTHERS, SUBORDINATED CREDITOR AND GORDON BROTHERS FINANCE COMPANY, AS SENIOR AGENT (AS AMENDED, RESTATED, SUPPLEMENTED OR OTHERWISE MODIFIED IN ACCORDANCE WITH ITS TERMS, THE “SUBORDINATION AGREEMENT”). In the event of any conflict between the terms of the SUBORDINATION Agreement and this agreement, the terms of the SUBORDINATION Agreement shall control.

SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement • October 29th, 2010 • P&f Industries Inc • Metalworkg machinery & equipment • New York

THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this “Agreement”) is entered into as of October 25, 2010, by and between MARC SCHORR, an individual resident of Las Vegas, Nevada (“Subordinated Creditor”), and CAPITAL ONE LEVERAGE FINANCE CORPORATION, as Senior Agent (as hereinafter defined) for all Senior Lenders (as hereinafter defined) party to the Senior Loan Agreement (as hereinafter defined).

AMENDED AND RESTATED SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement • January 20th, 2015 • Hawker Energy, Inc. • Crude petroleum & natural gas

THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this “Agreement”) is entered into as of this 1st day of January, 2015, by and among TAPIA HOLDINGS, LLC, a Delaware limited liability company (“Tapia”), Hawker Energy, Inc., a Nevada corporation (“Hawker” and together with Tapia the “Subordinated Obligee”), TEG OIL & GAS U.S.A., INC., a Colorado corporation (“TEG”), SEFTON RESOURCES, INC., a British Virgin Islands corporation (“Parent”), TEG MIDCONTINENT, INC., a Colorado corporation (“TEGMC”, and, together with Parent and TEG, “Borrowers”) and BANK OF THE WEST, a California corporation (“BOTW”), or such then present holder or holders of the Senior Loan (as hereinafter defined) as may from time to time exist (collectively with BOTW, the “Senior Lenders”).

SECOND AMENDED AND RESTATED SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement • April 27th, 2009 • Environmental Tectonics Corp • Miscellaneous electrical machinery, equipment & supplies • Pennsylvania

This Amended and Restated Subordination and Intercreditor Agreement (this “Agreement”) is dated as of April 23, 2009 among PNC BANK, NATIONAL ASSOCIATION (the “Bank”), SUBORDINATED LENDER (as defined below), and ENVIRONMENTAL TECTONICS CORPORATION, a Pennsylvania corporation (“Company”).

Contract
Subordination and Intercreditor Agreement • September 13th, 2018 • Cherokee Inc • Women's, misses', and juniors outerwear • New York

THIS AGREEMENT IS SUBJECT TO THE TERMS OF A SUBORDINATION AND INTERCREDITOR AGREEMENT DATED AS OF AUGUST 3, 2018, BY AND AMONG, AMONG OTHERS, SUBORDINATED CREDITOR AND GORDON BROTHERS FINANCE COMPANY, AS SENIOR AGENT (AS AMENDED, RESTATED, SUPPLEMENTED OR OTHERWISE MODIFIED IN ACCORDANCE WITH ITS TERMS, THE “SUBORDINATION AGREEMENT”). In the event of any conflict between the terms of the SUBORDINATION Agreement and this agreement, the terms of the SUBORDINATION Agreement shall control.

SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement • April 6th, 2011 • Tontine Capital Partners L P • Millwood, veneer, plywood, & structural wood members • Illinois

THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”) is entered into as of March 31, 2011, by and among Tontine Capital Overseas Master Fund II, L.P., a Cayman Islands limited partnership (“Tontine”), Northcreek Mezzanine Fund I, L.P., a Delaware limited partnership (“Northcreek”), on its behalf and in its capacity as collateral agent pursuant to the terms of the Note Purchase Agreement described below (in such capacity, “Collateral Agent”), Patrick Industries, Inc., an Indiana corporation (the “Company”), and Wells Fargo Capital Finance, LLC, a Delaware limited liability company, as Agent for all Senior Lenders party to the Senior Credit Agreement described below and all Bank Product Providers.

SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement • December 17th, 2013 • Plures Technologies, Inc./De • Semiconductors & related devices • Massachusetts

This SUBORDINATION AND INTERCREDITOR AGREEMENT (this “Agreement”) is made as of December 10, 2013, by and among ADVANCED MICROSENSORS CORPORATION, a New York corporation having its principal place of business at 333 South Street, Shrewsbury, Massachusetts 01545 (“AMS”), PLURES TECHNOLOGIES, INC., a Delaware corporation having its principal place of business at 4070 West Lake Drive, Canandaigua, New York 14424 (“Plures”), MASSACHUSETTS DEVELOPMENT FINANCE AGENCY, a body corporate and politic created under and acting pursuant to authority derived from Chapter 23G of the Massachusetts General Laws, as amended, and having a principal place of business at 99 High Street, 11th Floor, Boston, MA 02110. (“MDFA”) and CEDARVIEW OPPORTUNITIES MASTER FUND, L.P., as agent for a group of lenders, One Penn Plaza, 45th Floor, New York, NY 10119 (collectively “Lender”).

SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement • February 12th, 2018 • Medite Cancer Diagnostics, Inc. • Surgical & medical instruments & apparatus • New York

THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (as amended, restated, supplemented or otherwise modified, this “Agreement”) is entered into as of this February ___, 2018, by and among (i) GPB Debt Holdings II, LLC, a Delaware limited liability company, in its capacity as collateral agent for each of the investors listed on Schedule I hereto under and pursuant to the Senior Security Agreement and the Purchase Agreement (each as hereinafter defined) (in such capacity, together with its successors and assigns in such capacity, the “Senior Agent”), (ii) each of the investors listed on Schedule I attached hereto designated as “Subordinated Creditors” (collectively, the “Subordinated Creditors”), and (iii) MEDITE Cancer Diagnostics, Inc. (“Borrower”).

RECITALS
Subordination and Intercreditor Agreement • January 10th, 2003 • U S Plastic Lumber Corp • Hazardous waste management • California
SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement • May 7th, 2009 • Hudson Technologies Inc /Ny • Wholesale-machinery, equipment & supplies • New York

This Subordination and Intercreditor Agreement (the "Agreement") is made this 26th day of March, 2009, between RICHARD PARRILLO (the "Subordinated Lender"), a New York resident, and KELTIC FINANCIAL PARTNERS, LP, a Delaware limited partnership ("Keltic"), and BRIDGE HEALTHCARE FINANCE, LLC, a Delaware limited liability company ("Bridge", and together with Keltic, individually and collectively, "Senior Lender").

SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement • September 28th, 2017 • Great Basin Scientific, Inc. • Surgical & medical instruments & apparatus • New York

This Subordination and Intercreditor Agreement is executed and delivered as of September 27, 2017 (this "Agreement"), by and between Utah Autism Foundation, a Utah non-profit corporation (the “Subordinated Creditor”), and Hudson Bay Master Fund Ltd., in its capacity as collateral agent for the Senior Creditors (as defined below) (together with its successors and assigns in such capacity, the "Senior Agent"), and is acknowledged by Great Basin Scientific, Inc., a Delaware corporation (the “Borrower”).

R E C I T A L S:
Subordination and Intercreditor Agreement • March 24th, 2004 • American Coin Merchandising Inc • Services-miscellaneous amusement & recreation
SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement • December 31st, 2012 • Hollywood Media Corp • Retail-retail stores, nec • New York

This Subordination and Intercreditor Agreement dated as of December 31, 2012 (this “Agreement”), among (i) TERIDO LLP as Administrative Agent (in such capacity, with its successors and assigns, and as more specifically defined below, the “Senior Agent”) for the Senior Creditors (as defined below), (ii) HOLLYWOOD MEDIA CORP., as the subordinated lender (the “Subordinated Lender”) under the Existing Subordinated Agreement referred to herein, and (iii) KEY BRAND ENTERTAINMENT INC., a Delaware corporation (the “Borrower”).

Contract
Subordination and Intercreditor Agreement • July 27th, 2007 • Pacific Cma Inc • Terminal maintenance facilities for motor freight transport • New York

This Guaranty is subject to the terms of a Subordination and Intercreditor Agreement (the “Intercreditor Agreement”) dated as of July 17, 2007 by and among BHC Interim Funding II, L.P. (“BHC”), Wells Fargo Bank, National Association (“Wells Fargo”), acting through its Wells Fargo Business Credit operating division, the Borrower and the Guarantors, which Intercreditor Agreement is incorporated herein by reference. Notwithstanding any statement to the contrary in this Guaranty, (i) no payment on account of principal, interest, fees or other amounts shall become due or be paid except in accordance with the terms of the Intercreditor Agreement, and (ii) any security interest, lien, pledge or encumbrance granted to BHC shall be subordinate to the security interest, lien, pledge or encumbrance granted to Wells Fargo and shall be enforceable only in accordance with the terms of the Intercreditor Agreement until such time when the Senior Debt (as defined in the Intercreditor Agreement) has bee

SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement • May 8th, 2013 • Prospect Global Resources Inc. • General bldg contractors - residential bldgs • Arizona

THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this “Agreement”), dated as of May 2, 2013 (as the same may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), is made by and among Very Hungry LLC, a Colorado limited liability company (“Very Hungry”), Scott Reiman 1991 Trust (together with Very Hungry, “Subordinated Creditor”), Prospect Global Resources Inc., a Nevada corporation (the “Company”), and The Karlsson Group, Inc., an Arizona corporation (“Senior Lender”).

LIMITED WAIVER TO LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement • November 13th, 2012 • Affinia Group Intermediate Holdings Inc. • Motor vehicle parts & accessories • New York

This LIMITED WAIVER TO LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT (this “Waiver”) is dated as of August 31, 2012 and is entered into by and among BANK OF AMERICA, N.A., as collateral agent for the Revolving Facility Secured Parties (as defined in the Intercreditor Agreement referenced below) (in such capacity, the “Collateral Agent”), WILMINGTON TRUST, NATIONAL ASSOCIATION (as successor by merger to Wilmington Trust FSB), as trustee under the Indenture (as defined in the Intercreditor Agreement) (in such capacity, the “Trustee”) and as collateral agent for the Noteholder Secured Parties (as defined in the Intercreditor Agreement) (in such capacity, the “Noteholder Collateral Agent”), AFFINIA GROUP INC. (the “Company”), AFFINIA GROUP INTERMEDIATE HOLDINGS INC. (“Holdings”), and the subsidiaries of the Company listed on the signature pages hereto (collectively with the Company and Holdings, the “Grantors”).

SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement • August 29th, 2012 • Hallwood Group Inc • Broadwoven fabric mills, man made fiber & silk • Texas

This SUBORDINATION AND INTERCREDITOR AGREEMENT (this “Agreement”) is made as of August 21, 2012 and effective as of May 9, 2012, by and between HALLWOOD FAMILY (BVI), L.P., a British Virgin Islands limited partnership (“Creditor”), and BRANCH BANKING AND TRUST COMPANY (together with its successors and assigns, “Bank”).

SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement • November 6th, 2012 • AxoGen, Inc. • Electromedical & electrotherapeutic apparatus • Maryland

THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this “Agreement”) is entered into as of this 14th day of August, 2012, by and among PDL BioPharma, Inc. a Delaware corporation (“Subordinated Obligee”), AXOGEN, INC. (f/k/a LecTec Corporation), a Minnesota corporation, and AXOGEN CORPORATION, a Delaware corporation (individually and collectively as the context may require, “Borrower”), and MIDCAP FINANCIAL SBIC, LP, a Delaware limited partnership, as administrative agent for the financial institutions or other entities from time to time parties to the Senior Loan Agreement (as hereinafter defined) (acting in such capacity, “Agent”), and as a Lender, or such then present holder or holders of the Senior Loan (as hereinafter defined) as may from time to time exist (the “Lenders,” and collectively with the Agent, the “Senior Lenders”).

RECITALS
Subordination and Intercreditor Agreement • April 15th, 2003 • Allis Chalmers Corp • Misc industrial & commercial machinery & equipment • Texas
SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement • September 27th, 2011 • Softech Inc • Services-computer integrated systems design • Massachusetts

THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (the “Subordination Agreement”) is entered into as of March 8, 2011, by and among One Conant Capital, LLC (the “Senior Lender”), Greenleaf Capital, Inc. (the “Subordinate Lender”) and SofTech, Inc. (the “Borrower”).

CONSENT UNDER, REAFFIRMATION OF AND FIRST AMENDMENT TO SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement • June 22nd, 2016 • e.l.f. Beauty, Inc. • Perfumes, cosmetics & other toilet preparations • New York

THIS CONSENT UNDER, REAFFIRMATION OF AND FIRST AMENDMENT TO SUBORDINATION AND INTERCREDITOR AGREEMENT (this “Agreement”) is made as of August 26, 2014, by and among J.A. COSMETICS US, INC., a Delaware corporation (“J.A. Cosmetics”), JA 139 FULTON STREET CORP., a New York corporation (“JA Fulton”), JA 741 RETAIL CORP., a New York corporation (“JA 741 Retail”), JA COSMETICS RETAIL, INC., a New York corporation (“JA Cosmetics Retail”), J.A. RF, LLC, a Delaware limited liability company (“JA RF”), J.A. CHERRY HILL, LLC, a Delaware limited liability company (“JA Cherry Hill”; JA Cosmetics Retail, J.A. Cosmetics, JA Fulton, JA 741 Retail, JA RF and JA Cherry Hill collectively, the “Borrowers”), J.A. COSMETICS HOLDINGS, INC. a Delaware corporation (“Holdings”; each of the Borrowers and Holdings is referred to individually as an “Obligor” and collectively as the “Obligors”), U.S. BANK NATIONAL ASSOCIATION, as Junior Agent (as defined in the Subordination Agreement described below) (in such cap

SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement • July 22nd, 2010 • General Finance CORP • Retail-retail stores, nec

THIS SUBORDINATION AND INTERCREDITOR AGREEMENT dated July 16, 2010 (this "Agreement") is entered into by and among PAC-VAN, INC., an Indiana corporation ("Pac-Van"), GFN NORTH AMERICA CORP., a Delaware corporation ("GFN") PNC BANK, NATIONAL ASSOCIATION ("PNC"), as Senior Agent (as hereinafter defined) for Senior Lenders under the Senior Credit Agreement (as hereinafter defined), and LAMINAR DIRECT CAPITAL, L.L.C., a Delaware limited liability company, as Subordinated Agent for the Subordinated Lenders under the Subordinated Documents (each as hereinafter defined).

Subordination and Intercreditor Agreement
Subordination and Intercreditor Agreement • July 26th, 2016 • Limbach Holdings, Inc. • Blank checks • New York

This Subordination and Intercreditor Agreement (as amended, restated, supplemented or otherwise modified in accordance with the terms hereof, this “Subordination and Intercreditor Agreement”) dated as of July 20, 2016, is by and between Fifth Third Bank, an Ohio banking corporation, as administrative agent for the Senior Lenders (as defined below) (in such capacity, “Senior Agent”) and Alcentra Capital Corporation, a Maryland corporation, as administrative agent for the Subordinated Lenders (in such capacity, “Subordinate Agent”).

SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement • February 24th, 2020 • Endologix Inc /De/ • Surgical & medical instruments & apparatus • New York

This SUBORDINATION AND INTERCREDITOR AGREEMENT (as amended, restated, supplemented or otherwise modified, this “Agreement”) dated as of February 24, 2020 by and among (i) Deerfield Private Design Fund IV, L.P., in its capacity as agent for the Facility Secured Parties (as defined below), including its successors and assigns in such capacity from time to time (“Facility Agent”), (ii) Deerfield ELGX Revolver, LLC, in its capacity as administrative agent for the ABL Secured Parties (as defined below), including its successors and assigns in such capacity from time to time and any “Third Party Agent” (as defined in the below-defined Facility Agreement) during any “Third Party Agent Retention Period” (as defined in the below-defined Facility Agreement) (“ABL Agent,” and together with the Facility Agent, the “First Lien Agents” and each, a “First Lien Agent”), (iii) Wilmington Trust, National Association, a national banking association, in its capacity as collateral agent for itself and the