Examples of Junior Liabilities in a sentence
The Junior Agent agrees that the Junior Notes and any other instrument or document evidencing the Junior Liabilities, will at all times bear the following legend: THIS NOTE AND THE INDEBTEDNESS EVIDENCED HEREBY HAVE BEEN SUBORDINATED TO CERTAIN OBLIGATIONS OF THE MAKER PURSUANT TO AN AMENDED AND RESTATED INTERCREDITOR AND SUBORDINATION AGREEMENT BETWEEN BANK OF AMERICA, N.A., AS JUNIOR AGENT, AND BANK OF AMERICA, N.A. AND THE CIT GROUP/BUSINESS CREDIT, INC., AS SENIOR AGENTS, AS AMENDED FROM TIME TO TIME.
Each Guarantor will xxxx its books and records, and cause its respective Subsidiaries to xxxx their books and records, so as to indicate that the Junior Liabilities are subordinated in accordance with the terms of this Guaranty, and will cause to be clearly inserted in any promissory note or other instrument which at any time evidences any of the Junior Liabilities a statement to the effect that the payment thereof is subordinated in accordance with the terms of this Guaranty.
Neither any Junior Creditor nor any Senior Creditor, nor any of their respective directors, officers, agents or employees, shall be responsible to the others for any Debtor’s solvency, financial condition or ability to repay any of the Senior Liabilities or the Junior Liabilities, or for statements of any Debtor, oral or written, or for the validity, sufficiency or enforceability of any of the Senior Loan Documents or any of the Junior Loan Documents or the value of any collateral.
Notwithstanding the failure to execute or deliver any such agreement, the subordination effected hereby shall survive any sale, assignment, disposition or other transfer of all or any portion of the Junior Liabilities, and the terms of this Agreement shall be binding upon the successors and assigns of the Junior Creditors.
To the extent and in the manner hereinafter set forth in this Agreement, the Junior Liabilities are hereby expressly made subordinate, junior and subject in right of payment to the full and final payment of the Senior Liabilities in cash.