Common use of Agreement to Subordinate Liens Clause in Contracts

Agreement to Subordinate Liens. The Trustee hereby agrees that the Liens of the Trustee for the benefit of itself and the Holders in and to the Collateral are and shall be subordinate in priority to the Liens of the Credit Facility Secured Party in and to the Collateral securing the Credit Facility Indebtedness up to, but not in excess of, $15,000,000 of Indebtedness outstanding under the Credit Agreement and related interest, fees, costs and expenses (the "MAXIMUM AMOUNT"); provided that the rights of the Credit Facility Secured Party under this Agreement shall be void and of no further force and effect if, and only to the extent that, the Liens of the Credit Facility Secured Party in and to the Collateral are avoided, disallowed, set aside or otherwise invalidated in any action or proceeding by a court, tribunal or administrative agency of competent jurisdiction. The subordination of the Liens of the Trustee for the benefit of itself and the Holders in and to the Collateral in favor of the Credit Facility Secured Party provided for herein shall not be deemed to (a) subordinate the Liens of the Trustee to the Liens of any other Person; or (b) subordinate the Subordinated Lien Indebtedness to any Indebtedness of the Issuers or any of the Subsidiary Guarantors, including the Credit Facility Indebtedness.

Agreement to Subordinate Liens. The Trustee hereby agrees that the Liens of the Trustee for the benefit of itself and the Holders in and to the Collateral are and shall be junior to and subordinate in priority to the Liens of the Credit Facility Secured Party Lender in and to the Collateral securing the Credit Facility Indebtedness up to, but not in excess of, $15,000,000 of Indebtedness outstanding under the Credit Agreement and related interestMaximum Amount; provided, fees, costs and expenses (the "MAXIMUM AMOUNT"); provided that the rights of the Credit Facility Secured Party Lender under this Agreement shall be void and of no further force and effect if, and only to the extent thatextent, that the Liens of the Credit Facility Secured Party Lender in and to the Collateral are avoided, disallowed, set aside or otherwise invalidated in any action or proceeding by a court, tribunal or administrative agency of competent jurisdictionjurisdiction and such avoidance, disallowance, set aside or other invalidation is permanent and is not later reversed. The subordination of the Liens of the Trustee for the benefit of itself and the Holders in and to the Collateral in favor of the Credit Facility Secured Party Lender provided for herein shall not be deemed to (a) subordinate the Liens of the Trustee to the Liens of any other Person; Person or (b) subordinate the Subordinated Lien Indebtedness to any other Indebtedness of the Issuers Borrower or any of the Subsidiary Guarantors, including including, the Credit Facility Indebtedness, or (c) subordinate the Liens of the Trustee for the benefit of itself and the Holders in and to any Indenture Collateral other than the Collateral.

Agreement to Subordinate Liens. The Trustee hereby agrees that the all Liens of the Trustee for the benefit of itself and the Holders in and to the Collateral are and shall be junior to and subordinate in priority to the Liens of the Credit Intercreditor Agreement Facility Secured Party Lender in and to the Collateral securing up to the Maximum Credit Facility Indebtedness up toAmount of Credit Facility Indebtedness, but not in excess ofplus interest, $15,000,000 of Indebtedness outstanding under the Credit Agreement and related interestindemnities, fees, costs and expenses (the "MAXIMUM AMOUNT")related thereto; provided provided, that the rights of the Credit Facility Secured Party Lender under this Agreement shall be void and of no further force and effect if, and only to the extent thatextent, that the Liens of the Credit Facility Secured Party Lender in and to the Collateral are avoided, disallowed, set aside or otherwise invalidated in any action or proceeding by a court, tribunal or administrative agency of competent jurisdictionjurisdiction and such avoidance, disallowance, set aside or other invalidation is permanent and is not later reversed. The subordination of the Liens of the Trustee for the benefit of itself and the Holders in and to the Collateral in favor of the Credit Facility Secured Party Lender provided for herein shall not be deemed to (a) subordinate the Liens of the Trustee to the Liens of any other Person; Person or (b) subordinate the Subordinated Lien Indebtedness to any other Indebtedness of the Issuers or any of the Subsidiary Guarantors, including the Credit Facility Indebtedness, or (c) subordinate the Liens of the Trustee for the benefit of itself and the Holders in and to any Indenture Collateral other than the Collateral.

Agreement to Subordinate Liens. The Trustee Subordinated Lien Creditor Representative hereby agrees that the all Liens of the Trustee Subordinated Lien Creditor Representative for the benefit of itself and the Holders Subordinated Lien Creditors in and to the Collateral are and shall be junior to and subordinate in priority to the Liens of any or all of the Credit Facility Secured Party Senior Lien Creditors in and to the Collateral securing the Credit Facility Indebtedness (up to, but not in excess of, $15,000,000 of Indebtedness outstanding under to the Maximum Credit Agreement and related interest, fees, costs and expenses (the "MAXIMUM AMOUNT"Facility Amount); provided that that, the rights of the Credit Facility Secured a Party under this Agreement shall be void and of no further force and effect if, and only to the extent thatextent, that the Liens of the Credit Facility Secured such Party in and to the Collateral are avoided, disallowed, set aside or otherwise invalidated in any action or proceeding by a court, tribunal or administrative agency of competent jurisdictionjurisdiction and such avoidance, disallowance, set aside or other invalidation is permanent and is not later reversed. The subordination of the Liens of the Trustee Subordinated Lien Creditor Representative for the benefit of itself and the Holders other Subordinated Lien Creditors in and to the Collateral in favor of the Credit Facility Secured Party Senior Lien Creditors provided for herein shall not be deemed to (a) subordinate the Liens of the Trustee Subordinated Lien Creditor Representative for the benefit of itself and the other Subordinated Lien Creditors to the Liens of any other Person; , or (b) subordinate the Subordinated Lien Indebtedness to any other Indebtedness of the Issuers or any of the Subsidiary Guarantorsother Grantor, including the Credit Facility Indebtedness.