Instrument Legends. The Subordinated Agent, for and on behalf of itself and the Subordinated Lenders, agrees that each of the Subordinated Loan Documents and the face of any other instrument evidencing the Subordinated Obligations or any portion thereof or any security therefor shall include the legend set forth below (or language to a similar effect approved by the Senior Agent), and copies thereof shall be delivered to the Senior Agent. Any instrument evidencing any of the Subordinated Obligations or any portion thereof which is hereafter executed will, on the date thereof, be inscribed with a similar legend. “Notwithstanding anything herein to the contrary, the lien and security interest granted to the Subordinated Agent pursuant to or in connection with this Agreement, the terms of [any Security Document] [this Agreement], and the exercise of any right or remedy by the Subordinated Agent [t]hereunder are subject to the provisions of the Intercreditor and Subordination Agreement, dated as of June 9, 2023 (as amended, restated, supplemented or otherwise modified from time to time, the “Subordination Agreement”), among U.S. Bank Trust Company, National Association, as the Senior Agent, and [__], as the Subordinated Agent. In the event of any conflict between the terms of the Subordination Agreement and this Agreement [or any Security Document], the terms of the Subordination Agreement shall control.” 15.
Instrument Legends. The face of each of the Subordinated Debt Documents and any other instrument evidencing the Subordinated Indebtedness or any portion thereof or any security therefor shall be inscribed with a legend conspicuously indicating that payment thereon or performance thereof is subordinated to the claims of Senior Lender pursuant to the terms of this Agreement, and copies thereof shall be delivered to Senior Lender. Any instrument evidencing any of the Subordinated Indebtedness or any portion thereof which is hereafter executed will, on the date thereof, be inscribed with the aforesaid legend, and copies thereof will be delivered to Senior Lender on the date of its execution or within five (5) business days thereafter.
Instrument Legends. Second Lien Agent agrees that the Second Lien Credit Agreement, the face of each promissory note evidencing the Second Lien Indebtedness or any portion thereof and any agreement purporting to grant any security therefor, shall be inscribed with a legend conspicuously indicating that such Second Lien Credit Agreement, promissory note or security agreement is subject to the terms of this Agreement. Any promissory note evidencing any of the Second Lien Indebtedness or any portion thereof, and any agreement granting any security therefor, which is hereafter executed will, on the date thereof, be inscribed with a similar legend. The Second Lien Credit Agreement shall provide that each Second Lien Lender shall be required to execute a writing, which may include the Second Lien Credit Agreement, agreeing to be bound by the terms hereof, and providing that any assignment or transfer of any or all of the Second Lien Indebtedness to any other Person without such other Person's written agreement to be bound hereby shall be null and void.
Instrument Legends. The Noteholder Collateral Agent, for and on behalf of itself and the Noteholders, agrees that the face of each Indenture Document and any other instrument evidencing any of the Notes Obligations or any portion thereof or any security therefor executed or delivered on or after the date hereof shall be inscribed with a legend conspicuously indicating that Liens granted therefor are subordinated to the claims and Liens of the Senior Agent pursuant to the terms of this Agreement, and copies thereof shall be delivered to the Senior Agent.
Instrument Legends. Subordinated Lender shall inscribe the face of the Senior Subordinated Note and any other instrument evidencing the Subordinated Indebtedness or any portion thereof with a legend conspicuously indicating that payment thereon is subordinated to the claims of Senior Lender pursuant to the terms of this Agreement, and shall forthwith deliver copies thereof to Senior Lender.
Instrument Legends. The faces of any instruments and documents evidencing Subordinated Indebtedness acquired after the date hereof will be forthwith inscribed with a legend conspicuously indicating that payment thereon is subordinated to the claims of the Administrative Agent and the Senior Creditors pursuant to the terms of this Agreement.
Instrument Legends. Subordinated Lender shall forthwith inscribe ------------------ the face of the Senior Subordinated Note and any other instrument evidencing the Subordinated Indebtedness or any portion thereof with a legend conspicuously indicating that payment thereon is subordinated to the claims of Senior Lender pursuant to the terms of this Agreement, and shall forthwith deliver copies thereof to Senior Lender. Subordinated Lender shall further inscribe, on the date thereof, any other instrument evidencing any of the Subordinated Indebtedness or any portion thereof with the aforementioned legend, and shall deliver copies thereof to Senior Lender on the date of its execution or within five days thereafter.
Instrument Legends. Each Junior Lien Agent agrees that each of the Junior Lien Credit Agreements, the face of each promissory note evidencing the Junior Lien Indebtedness or any portion thereof and any agreement purporting to grant any security therefor, shall be inscribed with a legend (or otherwise contain a provision) conspicuously indicating that such Junior Lien Credit Agreement, promissory note or security agreement is subject to the terms of this Agreement. Any promissory note evidencing any of the Junior Lien Indebtedness or any portion thereof, and any agreement granting any security therefor, which is hereafter executed will, on the date thereof, be inscribed with a similar legend (or otherwise contain a similar provision). The Junior Lien Credit Agreements shall provide that each Junior Lien Lender party thereto shall be required to execute a writing, which may include such Junior Lien Credit Agreement, agreeing to be bound by the terms hereof, and providing that any assignment or transfer of any or all of the Junior Lien Indebtedness to any other Person without such other Person’s written agreement to be bound hereby shall be null and void.
Instrument Legends. Any promissory note or other instrument evidencing any of the Subordinated Obligations shall at all times include the following language (or language to similar effect approved by Senior Agent): “Anything herein to the contrary notwithstanding, the liens and security interests securing the obligations evidenced by this promissory note, the exercise of any right or remedy with respect hereto, and certain of the rights of the holder hereof are subject to the provisions of the Intercreditor and Subordination Agreement dated as of April __, 2013 (as amended, restated, supplemented, or otherwise modified from time to time, the “Subordination Agreement”), by and among Xxxxxxx Bank, N.A., as Senior Agent, the other Senior Creditors party thereto, BIA Digital Partners SBIC II LP, as Subordinated Agent, and the other Subordinated Creditors party thereto. In the event of any conflict between the terms of the Subordination Agreement and this promissory note, the terms of the Subordination Agreement shall govern and control.”
Instrument Legends. Any promissory note or other instrument evidencing any of the Subordinated Obligations shall at all times include the following language (or language to similar effect approved by the Senior Agents): “Anything herein to the contrary notwithstanding, the liens and security interests securing the obligations evidenced by this promissory note, the exercise of certain rights or remedies with respect hereto, and certain of the rights of the holder hereof are subject to the provisions of the Subordination and Intercreditor Agreement dated as of November 18, 2008 (as amended, restated, supplemented, or otherwise modified from time to time, the “Subordination Agreement”), by and among Xxxxx Fargo Foothill, LLC (“WFF”), as Senior Revolving Loan Agent and a Senior Agent, WFF, as Senior Term Loan Agent and a Senior Agent, the Subordinated Lenders party thereto, and Ares Capital Corporation, as Subordinated Agent. In the event of any conflict between the terms of the Subordination Agreement and this promissory note, the teens of the Subordination Agreement shall govern and control.”
