Common use of Instrument Legends Clause in Contracts

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 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 9July 20, 2023 (as amended, restated, supplemented or otherwise modified from time to time, the “Subordination Agreement”), among U.S. Bank Trust Company, National AssociationAppgate Funding, as the Senior Agent, and [__]SIS Holdings, L.P., 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.