Common use of Borrower’s Obligations Absolute Clause in Contracts

Borrower’s Obligations Absolute. Nothing contained in this Agreement shall impair, as between the Borrower and the Subordinating Creditor, the obligation of the Borrower to pay to the Subordinating Creditor all amounts payable in respect of the Subordinated Debt as and when the same shall become due and payable in accordance with the terms thereof, or prevent the Subordinating Creditor (except as expressly otherwise provided in Section 6) from exercising all rights, powers and remedies otherwise permitted by the Subordinated Documents and by applicable law upon a default in the payment of the Subordinated Debt or under any Subordinated Document, all, however, subject to the rights of the Agent and the Lenders as set forth in this Agreement.

Appears in 4 contracts

Samples: Subordination Agreement (Restoration Hardware Inc), Subordination Agreement (Restoration Hardware Inc), Subordination Agreement (Restoration Hardware Inc)

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Borrower’s Obligations Absolute. Nothing contained in this Agreement shall impair, as between the Borrower and the Subordinating CreditorCreditors, the obligation of the Borrower to pay to the Subordinating Creditor Creditors all amounts payable in respect of the Subordinated Debt as and when the same shall become due and payable in accordance with the terms thereof, or prevent the Subordinating Creditor Creditors (except as expressly otherwise provided in Section Sections 2, 3 or 6) from exercising all rights, powers and remedies otherwise permitted by the Subordinated Documents and by applicable law upon a default in the payment or performance of the Subordinated Debt or under any Subordinated DocumentDocuments, all, all however, subject to the rights of the Agent and the Lenders Bank as set forth in this Agreement.

Appears in 1 contract

Samples: Subordination Agreement (Dover Saddlery Inc)

Borrower’s Obligations Absolute. Nothing contained in this Agreement shall impair, as between the Borrower SAC and the Subordinating CreditorCreditors, the obligation of the Borrower to pay to SAC, for and on behalf of the Subordinating Creditor Creditors, all amounts payable in respect of the Subordinated Debt as and when the same shall become due and payable in accordance with the terms thereof, or prevent the Subordinating Creditor Creditors (except as expressly otherwise provided in Section §3 or §6) from exercising all rights, powers and remedies otherwise permitted by the Subordinated Documents and by applicable law upon a default in the payment of the Subordinated Debt or under any Subordinated Document, all, however, subject to the rights of the Agent and the Lenders as set forth in this Agreement.

Appears in 1 contract

Samples: Subordination Agreement (Wet Seal Inc)

Borrower’s Obligations Absolute. Nothing contained in this Agreement shall impair, as between the Borrower and the Subordinating Creditor, the obligation of the Borrower to pay to the Subordinating Creditor all amounts payable in respect of the Subordinated Debt as and when the same shall become due and payable in accordance with the terms thereof, or prevent the Subordinating Creditor (except as expressly otherwise provided in Section 3 or 6) from exercising all rights, powers and remedies otherwise permitted by the Subordinated Documents and by applicable law upon a default in the payment of the Subordinated Debt or under any Subordinated Document, all, however, subject to the rights of the Agent and the Lenders Banks as set forth in this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Casella Waste Systems Inc)

Borrower’s Obligations Absolute. Nothing contained in this Agreement shall impair, as between the Borrower and the Subordinating Subordinated Creditor, the obligation of the Borrower to pay to the Subordinating Subordinated Creditor all amounts payable in respect of the Subordinated Debt Indebtedness as and when the same shall become due and payable in accordance with the terms thereof, or prevent the Subordinating Subordinated Creditor (except as expressly otherwise provided in Section 6this Agreement) from exercising all rights, powers and remedies otherwise permitted by the Subordinated Documents and by applicable law upon a default in the payment of the Subordinated Debt Indebtedness or under any Subordinated Document, all, however, subject to the rights of the Agent and the Lenders as set forth in this Agreement.

Appears in 1 contract

Samples: Subordination Agreement (PCD Inc)

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Borrower’s Obligations Absolute. Nothing contained in this Agreement shall impair, as between the Borrower and the any Subordinating Creditor, the obligation of the Borrower to pay to the such Subordinating Creditor all amounts payable in respect of the Subordinated Debt as and when the same shall become due and payable in accordance with the terms thereof, or prevent the such Subordinating Creditor (except as expressly otherwise provided in Section 3 or Section 6) from exercising all rights, powers and remedies otherwise permitted by the Subordinated Documents and by applicable law upon a default in the payment of the Subordinated Debt or under any Subordinated Document, all, however, subject to the rights of the Agent and the Lenders Banks as set forth in this Agreement.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement (Stride & Associates Inc)

Borrower’s Obligations Absolute. Nothing contained in this Agreement shall impair, as between the Borrower and the Subordinating Creditor, the obligation of the Borrower to pay to the Subordinating Creditor all amounts payable in respect of the Subordinated Debt as and when the same shall become due and payable in accordance with the terms thereof, or prevent the Subordinating Creditor (except as expressly otherwise provided in Section §3 or §6) from exercising all rights, powers and remedies otherwise permitted by the Subordinated Documents and by applicable law upon a default in the payment of the Subordinated Debt or under any Subordinated Document, all, however, subject to the rights of the Agent and the Lenders Banks as set forth in this Agreement.

Appears in 1 contract

Samples: Subordination Agreement (Fargo Electronics Inc)

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