Common use of Instruments Evidencing Intercompany Indebtedness Clause in Contracts

Instruments Evidencing Intercompany Indebtedness. Each Loan Party shall cause each instrument, if any, which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an Intercompany Subordination Agreement, dated January __, 2023, in favor of PNC Bank, National Association, as Administrative Agent for the Lenders referred to therein, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said Intercompany Subordination Agreement.” Each Loan Party will further mark its books of account in such a manner as shall be effective to give proper notice to the effect of this Agreement.

Instruments Evidencing Intercompany Indebtedness. Each Loan Party shall cause each instrument, if any, which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an a Fourth Amended and Restated Intercompany Subordination Agreement, dated January __September 7, 20232018, in favor of PNC Bank, National Association, as Administrative Agent for the Lenders referred to therein, which Fourth Amended and Restated Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said Fourth Amended and Restated Intercompany Subordination Agreement.” Each Loan Party will further mark xxxx its books of account in such a manner as shall be effective to give proper notice to the effect of this Agreement.

Instruments Evidencing Intercompany Indebtedness. Each Loan Party Company shall cause each instrument, if any, instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of an that certain Amended and Restated Intercompany Subordination AgreementAgreement dated as of June 22, dated January __, 20232016, in favor of PNC BankBANK, National AssociationNATIONAL ASSOCIATION, as the Administrative Agent for the Lenders referred to therein, which Amended and Restated Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said the Amended and Restated Intercompany Subordination Agreement.” Each Loan Party Company will further mark xxxx its books of account internal records in such a manner as shall be effective to give proper notice to the effect of this Agreement.

Instruments Evidencing Intercompany Indebtedness. Each Loan Party Company shall cause (i) each instrument, if any, instrument which now or hereafter evidences all or a portion of the Intercompany Indebtedness (excluding Intercompany Leases) and (ii) each Intercompany Lease which is entered into after the date hereof to be conspicuously marked as follows: “This instrument is subject to the terms of an Intercompany Subordination AgreementAgreement dated as of November 6, dated January __, 20232013, in favor of PNC Bank, National Association, as Administrative Agent for the Lenders referred to therein, which Intercompany Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained in the within instrument, no payment on account of the principal thereof or interest thereon shall become due or payable except in accordance with the express terms of said Intercompany Subordination Agreement.” . Each Loan Party Company will further mark xxxx its books of account in such a manner as shall be effective to give proper notice to of the effect of this Agreement.