Common use of Instrument Legend and Notation Clause in Contracts

Instrument Legend and Notation. Any instrument at any time evidencing the Junior Debt, or any portion thereof, shall be permanently marked on its face with a legend conspicuously indicating that payment thereof is subordinate in right of payment to the Senior Debt and subject to the terms and conditions of this Subordination Agreement, and (i) after being so marked certified copies thereof shall be delivered to Senior Creditor Agent and (ii) the original of any such instrument shall be immediately delivered to Senior Creditor Agent upon Senior Creditor Agent’s request, at any time on or after the occurrence of a Senior Creditor Default. In the event any legend or endorsement is omitted, Senior Creditor Agent or any of its officers or employees, are hereby irrevocably authorized on behalf of Junior Creditor to make the same. No specific legend, further assignment or endorsement or delivery of notes, guarantees or instruments shall be necessary to subject any Junior Debt to the subordination thereof contained in this Subordination Agreement.

Appears in 3 contracts

Samples: Subordination Agreement (Perfumania Holdings, Inc.), Subordination Agreement (Perfumania Holdings, Inc.), Subordination Agreement (Perfumania Holdings, Inc.)

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Instrument Legend and Notation. Any instrument at any time evidencing the Junior Debt, or any portion thereof, shall be permanently marked on its face with a legend conspicuously indicating that payment thereof is subordinate in right of payment to the Senior Debt and subject to the terms and conditions of this Subordination Agreement, and (ia) after being so marked certified copies thereof shall be delivered to Senior Creditor Agent and (iib) the original of any such instrument shall be immediately delivered to Senior Creditor Agent upon Senior Creditor Agent’s Creditor's request, at any time on or after the occurrence commencement of a Senior Creditor Defaultan Insolvency Proceeding. In the event any legend or endorsement is omitted, Senior Creditor Agent Creditor, or any of its officers or employees, are hereby irrevocably authorized on behalf of Junior Creditor to make the same. No specific legend, further assignment or endorsement or delivery of notes, guarantees or instruments shall be necessary to subject any Junior Debt to the subordination thereof contained in this Subordination Agreement.

Appears in 2 contracts

Samples: Subordination Agreement (Hanover Direct Inc), Subordination Agreement (Hanover Direct Inc)

Instrument Legend and Notation. Any instrument at any time evidencing the Junior Debt, or any portion thereof, shall be permanently marked on its face with a legend conspicuously indicating that payment thereof is subordinate in right of payment to the Senior Debt and subject to the terms and conditions of this Subordination Intercreditor Agreement, and (i) after a)after being so marked certified copies thereof shall be delivered to Senior Creditor Agent and (ii) the b)the original of any such instrument shall be immediately delivered to Senior Creditor Agent upon Senior Creditor Agent’s Creditor's request, at any time on or after the occurrence of a an event of default under the Senior Creditor DefaultAgreements. In the event any legend or endorsement is omitted, Senior Creditor Agent or any of its officers or employees, are hereby irrevocably authorized on behalf of Junior Creditor to make the same. No specific legend, further assignment or endorsement or delivery of notes, guarantees or instruments shall be necessary to subject any Junior Debt to the subordination thereof contained in this Subordination Agreement.

Appears in 1 contract

Samples: Intercreditor and Subordination Agreement (Hanover Direct Inc)

Instrument Legend and Notation. Any instrument at any time evidencing the Junior Debt, or any portion thereof, shall be permanently marked on its face with a legend conspicuously indicating that payment thereof is subordinate in right of payment to the Senior Debt and subject to the terms and conditions of this Subordination Agreement, and (ia) after being so marked certified copies thereof shall be delivered to Senior Creditor Agent and (iib) the original of any such instrument shall be immediately delivered to Senior Creditor Agent upon Senior Creditor Agent’s Creditor's request, at any time on or after the occurrence of a an event of default under the Senior Creditor DefaultAgreements. In the event any legend or endorsement is omitted, Senior Creditor Agent Creditor, or any of its officers or employees, are hereby irrevocably authorized on behalf of Junior Creditor to make the same. No specific legend, further assignment or endorsement or delivery of notes, guarantees or instruments shall be necessary to subject any Junior Debt to the subordination thereof contained in this Subordination Agreement.

Appears in 1 contract

Samples: Accounts Financing Agreement (Transcrypt International Inc)

Instrument Legend and Notation. Any instrument at any time evidencing the Junior Debt, or any portion thereof, shall be permanently marked on its face with a legend conspicuously indicating that payment thereof is subordinate in right of payment to the Senior Debt and subject to the terms and conditions of this Subordination Agreement, and (i) after being so marked certified copies thereof shall be delivered to Senior Creditor Agent and (ii) the original of any such instrument shall be immediately delivered to Senior Creditor Agent upon Senior Creditor Agent’s 's request, at any time on or after the occurrence of a Senior Creditor Default. In the event any legend or endorsement is omitted, Senior Creditor Agent or any of its officers or employees, are hereby irrevocably authorized on behalf of Junior Creditor to make the same. No specific legend, further assignment or endorsement or delivery of notes, guarantees or instruments shall be necessary to subject any Junior Debt to the subordination thereof contained in this Subordination Agreement.

Appears in 1 contract

Samples: Subordination Agreement (Perfumania Holdings, Inc.)

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Instrument Legend and Notation. Any instrument at any time evidencing the Junior Debt, or any portion thereof, shall be permanently marked on its face with a legend conspicuously indicating that payment thereof is subordinate in right of payment to the Senior Debt and subject to the terms and 10 conditions of this Subordination Agreement, and (ia) after being so marked certified copies thereof shall be delivered to Senior Creditor Agent and (iib) the original of any such instrument shall be immediately delivered to Senior Creditor Agent upon Senior Creditor Agent’s Creditor's request, at any time on or after the occurrence commencement of a Senior Creditor Defaultan Insolvency Proceeding. In the event any legend or endorsement is omitted, Senior Creditor Agent Creditor, or any of its officers or employees, are hereby irrevocably authorized on behalf of Junior Creditor to make the same. No specific legend, further assignment or endorsement or delivery of notes, guarantees or instruments shall be necessary to subject any Junior Debt to the subordination thereof contained in this Subordination Agreement.

Appears in 1 contract

Samples: Subordination Agreement (Hanover Direct Inc)

Instrument Legend and Notation. Any instrument at any time evidencing the Junior Debt, or any portion thereof, shall be permanently marked on its face with a legend conspicuously indicating that payment thereof is subordinate in right of payment to the Senior Debt and subject to the terms and conditions of this Subordination Agreement, and (ia) after being so marked certified copies thereof shall be delivered to Senior Creditor Agent and (iib) the original of any such instrument shall be immediately delivered to Senior Creditor Agent upon Senior Creditor Agent’s 's request, at any time on or after the occurrence of a an event of default under the Senior Creditor DefaultAgreements. In the event any legend or endorsement is omitted, Senior Creditor Agent Agent, or any of its officers or employees, are hereby irrevocably authorized on behalf of Junior Creditor to make the same. No specific legend, further assignment or endorsement or delivery of notes, guarantees or instruments shall be necessary to subject any Junior Debt to the subordination thereof contained in this Subordination Agreement.

Appears in 1 contract

Samples: Subordination Agreement (Lodestar Holdings Inc)

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