Common use of Subordinated Indebtedness Clause in Contracts

Subordinated Indebtedness. The failure of Borrower or any other creditor of Borrower to comply with the terms of any subordination or intercreditor agreement or any subordination provisions of any note or other document running to the benefit of Agent or Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Portola Packaging Inc), Credit Agreement (Portola Packaging Inc), Credit Agreement (Portola Packaging Inc)

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Subordinated Indebtedness. The failure of any Credit Party or any creditor of any Borrower or any other creditor of Borrower its Subsidiaries to comply with the terms of any subordination or intercreditor agreement or any subordination provisions of any note or other document running to the benefit of Agent or Lenders, or if any such document becomes null and void or any party denies further liability under any such document or provides notice to that effect.

Appears in 3 contracts

Samples: Credit Agreement (Atlantis Plastics Inc), Credit Agreement (Penhall International Corp), Credit Agreement (Atlantis Plastics Inc)

Subordinated Indebtedness. The failure of Borrower or any other creditor of Borrower to comply with the terms of any subordination or intercreditor agreement or any subordination provisions of any note or other document running to the benefit of Agent Agents or Lenders.; or

Appears in 2 contracts

Samples: Petition Credit Agreement (Portola Packaging Inc), Credit Agreement (Portola Packaging Inc)

Subordinated Indebtedness. (i) The failure of Borrower or any other creditor of Borrower or any of its Subsidiaries to comply with the terms of any subordination or intercreditor agreement or any subordination provisions of any note or other document running to the benefit of Agent Investment Manager or LendersLender, or (ii) if any such document becomes null and void or (iii) any party denies further liability under any such document or provides notice to that effect.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Cardlytics, Inc.)

Subordinated Indebtedness. The failure of any Credit Party or any creditor of any Borrower or any other creditor of Borrower its Subsidiaries to comply with the terms of the Subordinated Notes Indenture or any other subordination or intercreditor agreement or any subordination provisions of any note or other document running to the benefit of any Agent or Lenders., or any party subject to or bound by such agreement challenges the enforceability thereof; or

Appears in 2 contracts

Samples: Credit Agreement (Tempur Pedic International Inc), Credit Agreement (Twi Holdings Inc)

Subordinated Indebtedness. The failure of any Credit Party or any creditor of Borrower or any other creditor of Borrower its Subsidiaries to comply with the terms of any subordination or intercreditor agreement or any subordination provisions of any note or other document running to the benefit of Agent or Lenders, or if any such document becomes null and void or any party denies further liability under any such document or provides notice to that effect.

Appears in 2 contracts

Samples: Credit Agreement (RathGibson Inc), Credit Agreement (Comfort Systems Usa Inc)

Subordinated Indebtedness. The failure of Borrower or any of its Subsidiaries or any other creditor of Borrower or any of its Subsidiaries to comply with the terms of any subordination or intercreditor agreement or any subordination provisions of any note or other document running to the benefit of Agent or Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Cherokee International Corp), Credit Agreement (Cherokee International Corp)

Subordinated Indebtedness. The failure of any Credit Party or any creditor of Borrower or any other creditor of Borrower its Subsidiaries to comply with the terms of any subordination or intercreditor agreement or any subordination provisions of any note or other document running to the benefit of Agent or Lenders, or if any such document or provisions cease to be in full force and effect or become null and void or any party denies further liability under any such document or provides notice to that effect.

Appears in 2 contracts

Samples: Credit Agreement (Playtex Products Inc), Credit Agreement (Playtex Products Inc)

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Subordinated Indebtedness. The failure of Borrower or any other creditor of Borrower or any of their Subsidiaries to comply with the terms of any subordination or intercreditor agreement or any subordination provisions of any note or other document running to the benefit of Agent Investment Manager or LendersLender, or if any such document becomes null and void or any party denies further liability under any such document or provides notice to that effect.

Appears in 1 contract

Samples: Credit Agreement (Vertical Communications, Inc.)

Subordinated Indebtedness. The failure of Borrower or any other creditor of Borrower or any of its Subsidiaries to comply with the terms of any subordination or intercreditor agreement or any subordination provisions of any note or other document running to the benefit of the Agent or the Lenders., or if any such document becomes null and void; or

Appears in 1 contract

Samples: Loan and Security Agreement (Five9, Inc.)

Subordinated Indebtedness. The failure of any Credit Party or any creditor of Borrower or any other creditor of Borrower its Subsidiaries to comply with the terms of any subordination or intercreditor agreement or any subordination provisions of any note or other document running to the benefit of Agent or Lenders., or if any such document becomes null and void or any party denies further liability under any such document or provides notice to that effect; or

Appears in 1 contract

Samples: Credit Agreement (Cherokee International Corp)

Subordinated Indebtedness. The failure of Borrower or any other creditor of Borrower or any of its Subsidiaries to comply with the terms of any subordination or intercreditor agreement or any subordination provisions of any note or other document running to the benefit of Agent Lender, or Lenders.if any such document becomes null and void or any party denies further liability under any such document or provides notice to that effect; or

Appears in 1 contract

Samples: Credit Agreement (Pet DRx CORP)

Subordinated Indebtedness. The failure of any Credit Party or any creditor of any Borrower or any other creditor of Borrower its Subsidiaries to comply with the terms of any subordination or intercreditor agreement or any subordination provisions of any note or other document running to the benefit of Agent or Lenders, or if any such document becomes null and void or any party denies further liability under any such document or provides notice to that effect (it being acknowledged that there is no Subordinated Debt on the Closing Date).

Appears in 1 contract

Samples: Credit Agreement (Atlantis Plastics Inc)

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