ESCROWED FUNDS NOT SUBORDINATED Clause Samples

ESCROWED FUNDS NOT SUBORDINATED. Notwithstanding anything contained herein to the contrary, neither the Securityholders' interest in the property held by the Escrow Agent pursuant to the Escrow Agreement during the period of up to 32 days following the Issue Date nor the right of the Securityholders to payment pursuant to paragraph (6) of the Securities shall be subordinated to the prior payment of any Senior Indebtedness of the Company or subject to the restrictions set forth in this Article 10, and none of the Securityholders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness of the Company or any other creditor of the Company.