Further Subordination. Subject to the satisfaction of the conditions set forth in Section C below on or before August 15, 2005, McKesson agrees that it will execute and deliver to Laurus Master Fund, Ltd. a subordination agreement substantially in the form of Exhibit A attached hereto (the “Amended Laurus Subordination Agreement”) that amends and restates that certain “Subordination Agreement” dated as of May , 2005 and executed by McKesson in favor of Laurus Master Fund, Ltd. (the “Original Laurus Subordination Agreement”), pursuant to which, among other things, the amount of the Senior Indebtedness (as defined in the Original Laurus Subordination Agreement) to be secured by the Senior Liens (as defined in the Original Laurus Subordination Agreement) shall be capped at $15,000,000 for principal rather than $10,000,0000 for principal, subject to the terms and conditions therein. Accentia Biopharmaceuticals, Inc. August 15, 2005
Further Subordination. Neither CoBank nor the Guarantor shall Continuing Guaranty/Knology Broadband, Inc. Loan No. ML0883T1 agree to any further subordination of this Guaranty.
Further Subordination. Neither CoBank nor the Guarantor shall agree to any further subordination of this Guaranty.
Further Subordination. The Secured Parties agree to subordinate their security interest in the Accounts Receivable to any existing, future or successor institutional lender(s) providing financing to the partnership in a bona fide financing transaction which is not for the purpose of financing the obligations in whole or in part of Lampxxx xx Presxxx xxxer the Agreement and which does not have the effect of permitting distributions to either Lampxxx xx Presxxx (xxcept for distributions effected in the ordinary course of business) from the Partnership.
Further Subordination. Except as otherwise may be required pursuant to the terms of the Lease, so long as the Mortgage is in effect, Lessee covenants and agrees not to subordinate or permit the subordination of the Lease to any mortgage or other lien encumbering the Premises at any time, other than the Mortgage and any replacement, renewal, consolidation, substitution, extension, modification, spreader and splitter thereof. Notwithstanding anything to the contrary herein, Tenant shall have the right to place a lien on its personal property, trade fixtures, inventory, equipment, furniture and furnishings, accounts, books or records and other assets.
Further Subordination. All existing unsecured debt Borrower owes to the Xxxxxx X. Xxxxxxx Trust (As Restated) dated December 13, 2001 (“Mihaylo Trust”) and/or Xxxxxx X. Xxxxxxx (“Xxxxxxx”) shall have equal priority with the Xxxxx Secured Debt and the Xxxxx Secured Debt.
Further Subordination. Neither the Holder nor any obligor with respect to the Subordinated Debt shall agree to any further subordination of the Subordinated Debt.
Further Subordination. Tenant covenants and agrees not to subordinate the Lease to any mortgage or other lien encumbering the Premises at any time, other than the Mortgage and any replacement, renewal, consolidation, substitution, extension, modification, spreader and splitter thereof, until all sums due under the Loan Documents have been finally paid in full.
Further Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Subsidiary Guarantors under Section 8 and Section 9 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise arising in connection with this Agreement shall be fully subordinated to the indefeasible payment in full in cash of the Guaranteed Obligations. No failure on the part of Amylin or any Subsidiary Guarantor to make the payments required under applicable law shall in any respect limit the obligations and liabilities of any Subsidiary Guarantor with respect to its obligations hereunder, and each Subsidiary Guarantor shall remain liable for the full amount of the obligations of such Subsidiary Guarantor hereunder, subject to Section 21.
Further Subordination. Neither the Subordinated Creditor nor any obligor with respect to the Junior KNOLOGY Debt shall agree to any further subordination of the Junior KNOLOGY Debt.
