Form of Subordination Provisions Sample Clauses

Form of Subordination Provisions. Exhibit 9.1(a) - Form of Assignment Agreement Disclosure Schedule 3.1 - Type of Entity; Jurisdiction of Organization Disclosure Schedule 3.2 - Executive Offices, Collateral Locations Disclosure Schedule 3.4(c) - Fair Saleable Balance Sheet Disclosure Schedule 3.6 - Real Estate and Leases Disclosure Schedule 3.7 - Labor Matters Disclosure Schedule 3.8 - Ventures, Subsidiaries and Affiliates; Outstanding Stock Disclosure Schedule 3.11 - Tax Matters Disclosure Schedule 3.12 - Litigation Disclosure Schedule 3.13 - Pension and Benefit Plans Disclosure Schedule 3.14 - Brokers Disclosure Schedule 3.15 - Intellectual Property Disclosure Schedule 3.17 - Hazardous Materials Disclosure Schedule 3.18 - Insurance Disclosure Schedule 3.19 - Deposit and Disbursement Accounts Disclosure Schedule 3.20 - Government Contracts Disclosure Schedule 3.22 - Bonds; Patent, Trademark, Industrial Design Licenses Disclosure Schedule 3.24 - Material Contracts Disclosure Schedule 3.27 - Permitted Intercompany Indebtedness Disclosure Schedule 5.1 - Trade Names Disclosure Schedule 6.3 - Indebtedness Disclosure Schedule 6.4(a) - Transactions with Affiliates Disclosure Schedule 6.4(b) - Employee Loans Disclosure Schedule 6.6 - Guaranteed Indebtedness Disclosure Schedule 6.7 - Existing Liens Notwithstanding anything herein to the contrary, the liens and security interest granted to Agent and Lenders pursuant to this Agreement and the exercise of any right or remedy by Agent or Lenders hereunder are subject to the provisions of that certain Intercreditor Agreement, dated as of the date hereof, as it may hereafter be amended, supplemented, modified, extended, restated or replaced (the “Intercreditor Agreement”), among General Electric Capital Corporation, as “First Lien Agent,” and Guggenheim Corporate Funding, LLC, as “Second Lien Agent”; and each holder of the Obligations hereunder, by its acceptance hereof, irrevocably agrees to be bound by the provisions of the Intercreditor Agreement. In the event of any conflict between the terms of the Intercreditor Agreement and this Agreement, the terms of the Intercreditor Agreement shall govern and control. This TERM LOAN CREDIT AGREEMENT (this "Agreement"), dated as of March 11, 2014, among Lower Lakes Towing Ltd., a Canadian corporation, Grand River Navigation Company, Inc, a Delaware corporation, Black Creek Shipping Company, Inc., a Delaware corporation, the other Credit Parties signatory hereto, Guggenheim Corporate Funding, LLC (in its indivi...

Form of Subordination Provisions. The Company, for itself and its successors, covenants and agrees, and each holder of the Subordinated Indebtedness (as hereinafter defined), by such holder's acceptance thereof, likewise covenants and agrees, that the payment of the Subordinated Indebtedness is hereby expressly subordinated, to the extent and in the manner immediately hereinafter set forth, in right of payment to the prior payment in full in cash of all Senior Indebtedness (as hereinafter defined). For all purposes hereof, a payment or distribution on account of the Subordinated Indebtedness may consist of cash, property or securities, by set-off or otherwise, and a payment or distribution on account of the Subordinated Indebtedness shall include, without limitation, any redemption, purchase or other acquisition of the Subordinated Indebtedness. The subordination provisions herein set forth are made for the benefit of the holders of the Senior Indebtedness, and such holders may proceed to enforce such provisions.

Form of Subordination Provisions. Subordination.