Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Documents, the provisions of this Agreement shall control and govern.
Appears in 56 contracts
Samples: Investor Subordination Agreement (Trinity Biotech PLC), Subordination Agreement (Stronghold Digital Mining, Inc.), Subordination Agreement (Neuronetics, Inc.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Loan Documents, the provisions of this Agreement shall control and govern.
Appears in 12 contracts
Samples: Subordination and Intercreditor Agreement (Volta Inc.), Subordination and Intercreditor Agreement (Volta Inc.), Subordination Agreement (Neos Therapeutics, Inc.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Senior Debt Documents or the Subordinated Debt Documents, the provisions of this Agreement shall control and govern.
Appears in 7 contracts
Samples: Subordination and Intercreditor Agreement (Streamline Health Solutions Inc.), Subordination and Intercreditor Agreement (Earth Biofuels Inc), Subordination and Intercreditor Agreement (Earth Biofuels Inc)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Junior Debt Documents or the Senior Debt Documents, the provisions of this Agreement shall control and govern.
Appears in 6 contracts
Samples: Subordination Agreement (Midway Gold Corp), Subordination Agreement (Focus Venture Partners, Inc), Subordination Agreement (Fairway Group Holdings Corp)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Junior Loan Documents, the provisions of this Agreement shall control and govern.
Appears in 5 contracts
Samples: Intercreditor and Subordination Agreement, Subordination and Intercreditor Agreement, Subordination and Intercreditor Agreement
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Documents, the provisions of this Agreement shall control and govern.
Appears in 4 contracts
Samples: Consent, Collateral Release, and Subordination Agreement (TILT Holdings Inc.), Consent, Collateral Release, and Subordination Agreement (TILT Holdings Inc.), Subordination and Intercreditor Agreement (TILT Holdings Inc.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Senior Debt Documents or Subordinated Debt Documents, the provisions of this Agreement shall control and govern.
Appears in 4 contracts
Samples: Subordination and Intercreditor Agreement (Sifco Industries Inc), Subordination Agreement (Navidea Biopharmaceuticals, Inc.), Subordination Agreement (Navidea Biopharmaceuticals, Inc.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant covenant, or condition of any of the Subordinated Debt Documents, the provisions of this Agreement shall control and govern.
Appears in 4 contracts
Samples: Subordination and Intercreditor Agreement (Beneficient Co Group, L.P.), Security and Pledge Agreement (GWG Holdings, Inc.), Credit Agreement (GWG Holdings, Inc.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Documents or the Senior Debt Documents, the provisions of this Agreement shall control and govern.
Appears in 4 contracts
Samples: Subordination and Intercreditor Agreement (Ener-Core, Inc.), Subordination and Intercreditor Agreement (Ener-Core Inc.), Intercreditor Agreement (Midwest Energy Emissions Corp.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated First Lien Debt Documents or any of the Second Lien Debt Documents, the provisions of this Agreement shall control and govern.
Appears in 3 contracts
Samples: Credit Agreement (Switch & Data, Inc.), Intercreditor and Lien Subordination Agreement (Wet Seal Inc), Credit Agreement (Switch & Data, Inc.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Junior Debt Documents, the provisions of this Agreement shall control and govern.
Appears in 3 contracts
Samples: Subordination Agreement (Sunworks, Inc.), Subordination Agreement (Radiant Logistics, Inc), Subordination and Intercreditor Agreement (Meridian Financial Corp)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt DocumentsCompany’s or its Subsidiaries’ organizational documents, the provisions of this Agreement shall control and govern.
Appears in 3 contracts
Samples: Registration Rights Agreement (Aspen Group, Inc.), Registration Rights Agreement (Aspen Group, Inc.), Registration Rights Agreement (Midwest Energy Emissions Corp.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Documents or Senior Debt Documents, as applicable, the provisions of this Agreement shall control and govern.
Appears in 3 contracts
Samples: Subordination and Intercreditor Agreement (Akerna Corp.), Subordination and Intercreditor Agreement (Akerna Corp.), Subordination and Intercreditor Agreement (Akerna Corp.)
Conflict. In the event of any conflict between any term, covenant covenant, or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Junior Loan Documents, the provisions of this Agreement shall control and govern.
Appears in 3 contracts
Samples: Intercreditor Agreement (RHO Ventures VI LP), Intercreditor Agreement (Prentice Capital Management, LP), Intercreditor Agreement (RHO Ventures VI LP)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of the Interaffiliate Agreements, or any of documents executed in connection therewith or the Subordinated Debt Documentsindebtedness evidenced thereby, the provisions of this Agreement shall control and govern.
Appears in 3 contracts
Samples: Subordination Agreement (Alternative Living Services Inc), Subordination Agreement (Balanced Care Corp), Alternative Living Services Inc
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Second Lien Documents, the provisions of this Agreement shall control and govern.
Appears in 2 contracts
Samples: Security Agreement, Security Agreement (Prospect Medical Holdings Inc)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Transaction Documents and/or the Transaction Documents, the provisions of this Agreement shall control and govern.
Appears in 2 contracts
Samples: Subordination and Intercreditor Agreement (Medite Cancer Diagnostics, Inc.), Subordination and Intercreditor Agreement (Medite Cancer Diagnostics, Inc.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Financing Documents, the provisions of this Agreement shall control and govern.
Appears in 2 contracts
Samples: Intercreditor Agreement (Otter Tail Ag Enterprises, LLC), Intercreditor Agreement (Highwater Ethanol LLC)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Note Documents, the provisions of this Agreement shall control and govern.
Appears in 2 contracts
Samples: Subordination and Intercreditor Agreement (Hawker Energy, Inc.), Subordination and Intercreditor Agreement (Sara Creek Gold Corp.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of the Subordinated Note or any of the Subordinated Debt Senior Loan Documents, the provisions of this Agreement shall control and govern.
Appears in 2 contracts
Samples: Intercreditor Agreement (Cinedigm Corp.), Intercreditor Agreement (Cinedigm Corp.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Shelter Island Debt Documents, the provisions of this Agreement shall control and govern.
Appears in 2 contracts
Samples: Waiver, Consent and Intercreditor Agreement (Gulfstream International Group Inc), Waiver, Consent and Intercreditor Agreement (Gulfstream International Group Inc)
Conflict. In the event of any conflict between any term, covenant or condition of this Security Agreement and any term, covenant or condition of any of the Subordinated Debt DocumentsCredit Agreement, the provisions of this the Credit Agreement shall control and govern.
Appears in 2 contracts
Samples: Security Agreement (Evolving Systems Inc), Security Agreement (Global Employment Holdings, Inc.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt DocumentsAgreements or the Senior Debt Agreements, the provisions of this Agreement shall control and govern.
Appears in 2 contracts
Samples: Subordination Agreement (Evolus, Inc.), Subordination Agreement (Evolus, Inc.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Obligation Documents, the provisions of this Agreement shall control and govern.govern and nothing herein shall constitute or otherwise be deemed to represent an amendment, waiver or other modification to the Affinity Agreement
Appears in 2 contracts
Samples: Subordination Agreement (Frontier Group Holdings, Inc.), Subordination Agreement (Frontier Group Holdings, Inc.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Financing Documents, the provisions of this Agreement shall control and govern.
Appears in 2 contracts
Samples: Subordination Agreement (Heron Lake BioEnergy, LLC), Subordination Agreement (Heron Lake BioEnergy, LLC)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Documents, the provisions of this Agreement shall control and govern.
Appears in 2 contracts
Samples: Subordination Agreement (Neos Therapeutics, Inc.), Subordination Agreement (Neos Therapeutics, Inc.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Senior Debt Documents or the Junior Debt Documents, the provisions of this Agreement shall control and govern.
Appears in 2 contracts
Samples: Subordination and Intercreditor Agreement, Subordination and Intercreditor Agreement (e.l.f. Beauty, Inc.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt MDFA Loan Documents, the provisions of this Agreement shall control and governgovern to the extent of such conflict.
Appears in 2 contracts
Samples: Subordination and Intercreditor Agreement (Plures Technologies, Inc./De), Subordination and Intercreditor Agreement (Plures Technologies, Inc./De)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Term Debt Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Documents, the provisions of this Agreement shall control and govern. 14.
Appears in 1 contract
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated First Lien Debt Documents or the Second Lien Debt Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (Itc Deltacom Inc)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Intercompany Agreements, or the Loan Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Subordination and Cross Default Agreement (Cole Credit Property Trust III, Inc.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt DocumentsInstruments, the Loan Agreement and the other Loan Instruments, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Subordination Agreement (Aquis Communications Group Inc)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Documents or the Senior Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (Tensar Corp)
Conflict. In the event of any conflict between any termof the terms, covenant conditions, covenants, representations or condition warranties of this Agreement and any term, covenant or condition of any of the Subordinated Debt other Loan Documents, the provisions terms, conditions, covenants, representations and warranties of this Agreement shall control govern and governcontrol.
Appears in 1 contract
Conflict. In the event of any conflict between any term, covenant or condition conditions of this Agreement and any term, covenant or condition of any of the Subordinated Debt Documents or the Senior Debt Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Conflict. In the event of any conflict between any term, covenant covenant, or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Note Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (AG Mortgage Investment Trust, Inc.)
Conflict. In the event of any conflict between any term, covenant or condition -------- of this Agreement and any term, covenant or condition of any of the Subordinated Debt Indebtedness Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Subordination Agreement (Genus Inc)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated New Lender Debt Documents or Prestige Debt Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Intercreditor Agreement (Fusion Telecommunications International Inc)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Indenture Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Transaction Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (JRjr33, Inc.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Documents, the provisions of this Agreement shall control and govern. 14.2.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (Bird Global, Inc.)
Conflict. In the event of any conflict between any term, covenant covenant, or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Loan and Security Agreement (Rubicon Technologies, Inc.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Indebtedness Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Senior Debt Documents or the Subordinated Debt Documents, the provisions of this Agreement shall control and govern. 12.
Appears in 1 contract
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Documents, the provisions of this Agreement shall control and govern.. CHI : 2117543.7
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (Akorn Inc)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Documents, the provisions of this Agreement shall control and govern. 13.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (United Mortgage Trust)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Convertible Debt Documents or the Note Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt DocumentsNote, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt DocumentsNote, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (Allied Defense Group Inc)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt CoBank Loan Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Subordination Agreement (Southwest Iowa Renewable Energy, LLC)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any either of the Subordinated Debt DocumentsJunior Notes, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Loan Documents or the Senior Loan Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (Furiex Pharmaceuticals, Inc.)
Conflict. In The terms, covenants and conditions of this Agreement shall govern in the event of any conflict between any term, covenant or condition of this Agreement and and, on the one hand, any term, covenant or condition of any of the Subordinated Debt Indebtedness Documents or, on the other hand, any term, covenant or provision of the Senior Indebtedness Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Security Agreement (Zogenix, Inc.)
Conflict. In the event of any conflict between any term, covenant covenant, or condition of this Agreement Amendment and any term, covenant or condition of any of the Subordinated Debt DocumentsLoan Agreement, the provisions of this the Loan Agreement shall control and govern.
Appears in 1 contract
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any the Xxxxx Management Agreement, on the one hand, and the terms of this Agreement, on the Subordinated Debt Documentsother hand, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Timber Manager Subordination Agreement (Wells Timberland REIT, Inc.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt XXX Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (AxoGen, Inc.)
Conflict. In the event of any conflict between any term, covenant covenant, condition or condition other provision of this Agreement and any term, covenant covenant, condition or condition other provision of any of the Subordinated Debt Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any the Wxxxx Management Agreement, on the one hand, and the terms of this Agreement, on the Subordinated Debt Documentsother hand, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Recognition Agreement (Wells Timberland REIT, Inc.)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Note Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Agreement Among Buyers (Digital Domain Media Group, Inc.)
Conflict. In the event of any conflict between any term, covenant covenant, or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt DocumentsCoBank Loan Documents or any Notes Document, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Transaction Documents and/or the Securities Purchase Transaction Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (Axion Power International, Inc.)
Conflict. In the event of any conflict between any term, covenant covenant, or condition of this Agreement and any term, covenant covenant, or condition of any of the Subordinated Debt Second Lien Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (Endologix Inc /De/)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Debt Secured Party Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (Xhibit Corp.)
Conflict. In the event of any conflict between any term, covenant covenant, or condition of this Agreement and any term, covenant covenant, or condition of any of the Subordinated Debt Second Lien Loan Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Intercreditor Agreement
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Senior Liens Debt Documents or the Third Lien Debt Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (Itc Deltacom Inc)
Conflict. In the event of any conflict between any term, covenant or condition of this Agreement and any term, covenant or condition of any of the Subordinated Junior Debt Documents or the Loan Documents, the provisions of this Agreement shall control and govern.
Appears in 1 contract
