SUBORDINATION AND INTERCREDITOR AGREEMENT 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...Subordination and Intercreditor Agreement • August 21st, 2008 • Sandell Asset Management Corp • Blank checks • New York
SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination 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”).
EXHIBIT 10.2 THIS INSTRUMENT IS SUBJECT TO THE TERMS OF A SUBORDINATION AND INTERCREDITOR AGREEMENT, DATED MARCH 26, 2008, BETWEEN WELLS FARGO RETAIL FINANCE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, QUANTUM INDUSTRIAL PARTNERS LDC, A CAYMAN ISLANDS...Subordination and Intercreditor Agreement • July 24th, 2008 • Bluefly Inc • Retail-catalog & mail-order houses • New York
RECITALSSubordination and Intercreditor Agreement • November 19th, 2003 • Akorn Inc • Pharmaceutical preparations
SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination 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.
ContractSubordination and Intercreditor Agreement • April 24th, 2017 • Telos Corp • Services-computer integrated systems design • New York
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.
AMENDMENT NO. 1 TO SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination and Intercreditor Agreement • April 30th, 2003 • American Coin Merchandising Inc • Services-miscellaneous amusement & recreation
ContractSubordination 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 AGREEMENTSubordination 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).
SECOND AMENDED AND RESTATED SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination and Intercreditor Agreement • November 17th, 2023 • Akerna Corp. • Finance services • New York
This SECOND AMENDED AND RESTATED SUBORDINATION AND INTERCREDITOR AGREEMENT (as the same may be amended, modified and/or restated from time to time, this “Agreement”) is entered into as of November 15, 2023, by and among (a) HT Investments MA LLC, as collateral agent under the Security Agreement (as defined below) (the “Senior Agent”), each on behalf of the respective Senior Lenders (as hereinafter defined) (such Senior Lenders and the Senior Agent, together, the “Senior Creditors”), (b) the Subordinated Creditor (as hereinafter defined), and (c) Akerna Corp. (the “Borrower”, and together with each other Subsidiary and/or Affiliate that becomes obligated to repay indebtedness outstanding under any of the Senior Credit Agreements, each individually a “Credit Party” and collectively, the “Credit Parties”).
AMENDED AND RESTATED SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination 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”).
Execution Version Subordination and Intercreditor AgreementSubordination and Intercreditor Agreement • May 5th, 2020 • 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”).
SECOND AMENDED AND RESTATED SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination 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”).
ContractSubordination 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 AGREEMENTSubordination and Intercreditor Agreement • May 5th, 2020 • California
(together with its permitted successors and assigns “Borrower”), MILPITAS HOUSING ASSOCIATES, LP, a California limited partnership having an address of _ (together with its permitted successors and assigns “Owner”), and LIIF HOUSING PRESERVATION FUND, LLC, a Delaware limited liability company having at its office at 50 California Street, Suite 2900, San Francisco, California 94111, in its capacity as Agent for the benefit of certain lenders (together with its permitted successors and assigns “Lender”).
SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination and Intercreditor Agreement • June 3rd, 2022 • AgileThought, Inc. • Services-management consulting services • New York
THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this “Agreement”) dated as of May 27, 2022 is made by and between BLUE TORCH FINANCE LLC, as administrative agent (in such capacity, with its successors and assigns, the “First Lien Agent” and, in its individual capacity, “Blue Torch”) for the First Lien Creditors (as defined below) and GLAS USA LLC and GLAS AMERICAS LLC, as administrative agent and collateral agent, respectively, (in such capacity, collectively, with their respective successors and assigns, the “Second Lien Agents”) for the Second Lien Creditors (as defined below), and is acknowledged by each of the Credit Parties (as defined below).
Exhibit 10.20 SUBORDINATION AND INTERCREDITOR AGREEMENT THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this "Agreement") is made and entered into as of this 20th day of December, 2001, by John N. Kapoor, as Trustee under THE JOHN N. KAPOOR TRUST,...Subordination and Intercreditor Agreement • April 16th, 2002 • Akorn Inc • Pharmaceutical preparations • Illinois
SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination 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.
New Third Lien Intercreditor AgreementsSubordination and Intercreditor Agreement • January 12th, 2016 • New York
AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of [ ], and entered into by and among ROYAL BANK OF CANADA, as First Lien Representative for the Initial First Lien Claimholders (as defined below) (in such capacity and together with its successors and assigns from time to time in such capacity, “Initial First Lien Representative”), ROYAL BANK OF CANADA, as collateral agent for the Initial First Lien Claimholders (in such capacity and together with its successors and assigns from time to time in such capacity, the “Initial First Lien Collateral Agent”), U.S. BANK NATIONAL ASSOCIATION, as Second Lien Representative for the Initial Second Lien Claimholders (as defined below) (in such capacity and together with its successors and assigns from time to time in such capacity, the “Initial Second Lien Representative”), U.S. BANK NATIONAL ASSOCIATION, as collateral agent for the Initial Second Lien Claimho
SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination 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 AGREEMENTSubordination 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”).
THIS INSTRUMENT IS SUBJECT TO THE TERMS OF A SUBORDINATION AND INTERCREDITOR AGREEMENT, DATED MARCH 26, 2008, BETWEEN WELLS FARGO RETAIL FINANCE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, QUANTUM INDUSTRIAL PARTNERS LDC, A CAYMAN ISLANDS LIMITED...Subordination and Intercreditor Agreement • July 25th, 2008 • Maverick Capital LTD • Retail-catalog & mail-order houses • New York
RECITALSSubordination and Intercreditor Agreement • January 10th, 2003 • U S Plastic Lumber Corp • Hazardous waste management • California
THIS INSTRUMENT IS SUBJECT TO THE TERMS OF A SUBORDINATION AND INTERCREDITOR AGREEMENT, DATED MARCH 26, 2008, BETWEEN WELLS FARGO RETAIL FINANCE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, QUANTUM INDUSTRIAL PARTNERS LDC, A CAYMAN ISLANDS LIMITED...Subordination and Intercreditor Agreement • July 25th, 2008 • Maverick Capital LTD • Retail-catalog & mail-order houses • New York
SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination 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 AGREEMENTSubordination 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 AGREEMENTSubordination 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”).
EXECUTION VERSION SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination and Intercreditor Agreement • May 5th, 2020 • New York
This Subordination and Intercreditor Agreement dated as of November 9, 2007, among (i) JPMORGAN CHASE BANK, N.A. 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) BHC INTERIM FIo2qDrNG Ii, L.P., a Delaware limited partnership, as lender (in such capacity, with its successors and assigns, and as more specifically defined below, the "Subordinated Lender") and (iii) ECHO BRIDGE ENTERTAINMENT, LLC, a Delaware limited liability company (the "Parent") and PLATINUM DISC, LLC, a Minnesota limited liability company (each a "Borrower," and collectively with the Parent, the
ContractSubordination 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 AGREEMENTSubordination 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 AGREEMENTSubordination 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 AGREEMENTSubordination 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 AGREEMENTSubordination 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”).
