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
EX-10.7 9 v444860_ex10-7.htm SUBORDINATION AND INTERCREDITOR AGREEMENT, DATED AS OF JULY 20, 2016, BY AND BETWEEN FIFTH THIRD BANK AND ALCENTRA CAPITAL CORPORATION 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”).
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”).
EX-10.2 7 d701455dex102.htm EX-10.2 EXECUTION VERSION LIEN SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination and Intercreditor Agreement • May 5th, 2020 • New York
LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of February 8, 2019, among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Intercreditor Agent, WILMINGTON TRUST, NATIONAL ASSOCIATION, solely in its capacity as Collateral Agent, PETROQUEST ENERGY, INC. (the “Parent”), PETROQUEST ENERGY, L.L.C. (the “Company”), and each Subsidiary of the Parent listed on Schedule I hereto (the “Subsidiary Guarantors”).
EX-10.10(A) 20 d179389dex1010a.htm EX-10.10(A) SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination and Intercreditor Agreement • May 5th, 2020 • New York
THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this “Agreement”) is entered into as of this 31st day of January, 2014 by and among BANK OF MONTREAL, as lender and as administrative agent (in its capacity as administrative agent, together with any successor thereto, “Senior Agent”) for the lenders from time to time party to the Senior Credit Agreement defined below (collectively with such lenders party to such Credit Agreement and any Credit Product Providers, as such term is defined in such Credit Agreement, “Senior Lenders”), U.S. BANK NATIONAL ASSOCIATION, as collateral agent (together with any successor thereto, the “Junior Agent”) for the lenders from time to time party to the Junior Credit Agreement defined below and each other holder of Junior Debt from time to time, PENNANTPARK INVESTMENT CORPORATION, PENNANTPARK FLOATING RATE CAPITAL LTD. and PENNANTPARK CREDIT OPPORTUNITIES FUND, LP, together with each of their successors or assigns from time to time party to the Junior Credi
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”).
EX-10 8 s1a_ex10z25.htm EX 10.25 SUBORDINATION AND INTERCREDITOR AGREEMENT SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination and Intercreditor Agreement • May 5th, 2020 • 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”).
EX-10 6 d377041dex105.htm EXECUTION VERSION AMENDED AND RESTATED LENDERS LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of April 19, 2012, among JPMORGAN CHASE BANK, N.A., as First Lien Collateral Agent, DEUTSCHE BANK TRUST COMPANY AMERICAS,...Subordination and Intercreditor Agreement • May 5th, 2020 • New York
AMENDED AND RESTATED LENDERS LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of April 19, 2012 (the “Agreement”), among JPMORGAN CHASE BANK, N.A., as collateral agent for the First Lien Secured Parties referred to herein; DEUTSCHE BANK TRUST COMPANY AMERICAS, as collateral agent for the Second Lien Secured Parties referred to herein; THE GOODYEAR TIRE & RUBBER COMPANY; and the subsidiaries of The Goodyear Tire & Rubber Company named herein.
ContractSubordination and Intercreditor Agreement • May 5th, 2020 • Delaware
EX-10.31 10 exhibit1031subordinationan.htm EXHIBIT 10.31 Execution Version SUBORDINATION AND INTERCREDITOR AGREEMENT THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this “Agreement”) is entered into as of October 31, 2014, by and among PDI, Inc., a Delaware Corporation (the “Borrower”), REDPATH EQUITYHOLDER REPRESENTATIVE, LLC, a Delaware limited liability company (the “Junior Lender”), and SWK Funding LLC, a Delaware limited liability company, as the agent, sole lead arranger and sole bookrunner under the Senior Credit Agreement defined below (together with its permitted successors and assigns in such capacity, including in such capacity under any Permitted Refinancing Debt (as hereinafter defined), the “Senior Agent”). RECITALS A. The Borrower, the other Loan Parties (as defined below) party thereto, the Lenders (as defined in the Senior Credit Agreement) and the Senior Agent have entered into a Credit Agreement of even date herewith (as the same may be amended, amended and restated,
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”).
EX-10.5 6 d235785dex105.htm LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT Execution Version LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of September 23, 2011, among PNC BANK, NATIONAL ASSOCIATION as Credit Facilities Collateral Agent, as...Subordination and Intercreditor Agreement • May 5th, 2020 • New York
LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of September 23, 2011, between PNC BANK, NATIONAL ASSOCIATION, as collateral agent for the Credit Facility Secured Parties referred to herein; U.S. BANK NATIONAL ASSOCIATION, as collateral agent for the Note Secured Parties referred to herein; FLOTEK INDUSTRIES, INC.; and the other Grantors named herein.
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
EX-10.31 11 d333840dex1031.htm LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of May 16, 2012, among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Revolving Facility Agent, GOLDMAN SACHS BANK USA,...Subordination and Intercreditor Agreement • May 5th, 2020 • New York
LIEN SUBORDINATION AND INTERCREDITOR AGREEMENT dated as of May 16, 2012 (as amended, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), among Wells Fargo Bank, National Association, a national banking association, as successor by merger to Wachovia Bank, National Association, Goldman Sachs Bank USA, as agent for the Term Loan Secured Parties referred to herein; Five Below, Inc.; and the Subsidiaries of Five Below, Inc. from time to time party hereto.
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.
EX-10.10(C) 22 d179389dex1010c.htm EX-10.10(C) CONSENT UNDER, REAFFIRMATION OF AND SECOND AMENDMENT TO SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination and Intercreditor Agreement • May 5th, 2020 • New York
THIS CONSENT UNDER, REAFFIRMATION OF AND SECOND AMENDMENT TO SUBORDINATION AND INTERCREDITOR AGREEMENT (this “Agreement”) is made as of June 7, 2016, by and among E.L.F. COSMETICS, INC. (formerly known as J.A. Cosmetics US, Inc.), a Delaware corporation (“e.l.f. 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”), E.L.F. BEAUTY, INC. (formerly known as 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 J
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
ContractSubordination and Intercreditor Agreement • May 5th, 2020 • New York
EX-10.12(A) 3 strm-20160131ex1012a.htm EXHIBIT 10.12(A) Exhibit 10.12(a) SUBORDINATION AND INTERCREDITOR AGREEMENT THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this "Agreement") is entered into as of November 21, 2014 by and among each "Subordinated Creditor" that is a signatory hereto in its capacity as an owner of Preferred Stock (as defined below) (collectively, the "Subordinated Creditors" and each a "Subordinated Creditor"), Streamline Health Solutions, Inc., a Delaware corporation ("Company"), and Wells Fargo Bank, National Association, a national banking association, as Agent for all Senior Lenders party to the Senior Credit Agreement described below and all Bank Product Providers. RECITALS A.Company, as parent, Streamline Health, Inc., an Ohio corporation, as borrower ("Borrower"), Agent and Senior Lenders have entered into a Credit Agreement of even date herewith (as the same may be amended, supplemented or otherwise modified from time to time, the "Senior Credit Agreement"
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”).
EX-10.2 5 dex102.htm SUBORDINATION AND INTERCREDITOR AGREEMENT SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination and Intercreditor Agreement • May 5th, 2020
This Subordination and Intercreditor Agreement (this “Agreement”) dated as of March 2, 2009 among PNC BANK, NATIONAL ASSOCIATION (“PNC”), as agent for Revolving Lenders (as defined below) (PNC, in such capacity, “Agent”), STEEL CITY CAPITAL FUNDING, LLC, as agent for Term B Lenders (as defined below) (in such capacity, “Term B Agent”), ARES CORPORATE OPPORTUNITIES FUND II, L.P., a Delaware limited partnership (“Ares II LP” or “Subordinated Lender”), and each of STREAM HOLDINGS CORPORATION, a Delaware corporation (“SHC”), STREAM FLORIDA INC., a Delaware corporation and a wholly-owned Subsidiary of SHC (“SFI”), STREAM INTERNATIONAL INC., a Delaware corporation and a wholly-owned Subsidiary of SHC (“Stream”), STREAM NEW YORK INC. a Delaware corporation and a wholly-owned Subsidiary of SHC (“SNY”) and STREAM INTERNATIONAL EUROPE B.V., a company organized under the laws of the Netherlands and a wholly-owned Subsidiary of Stream (“Stream BV”), STREAM INTERNATIONAL CANADA INC., a company orga
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
