Common use of Instruments Evidencing Subordinated Indebtedness Clause in Contracts

Instruments Evidencing Subordinated Indebtedness. Each Company shall cause each instrument for borrowed money which now or hereafter evidences all or a portion of the Subordinated Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of the CONSOL Intercompany Subordination Agreement dated as of April 12, 2011, 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 Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of the effect of this Agreement.

Appears in 1 contract

Samples: Joinder and Assumption Agreement (CONSOL Energy Inc)

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Instruments Evidencing Subordinated Indebtedness. Each Company shall cause each instrument for borrowed money which that now or hereafter evidences all or a portion of the Subordinated Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of the CONSOL an Amended and Restated Intercompany Subordination Agreement Agreement, dated as of April 12June 22, 20112017, in favor of PNC BANKPGIM, NATIONAL ASSOCIATION, as Administrative Agent INC. for its own benefit and the Lenders benefit of the Purchasers 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 Amended and Restated Intercompany Subordination Agreement.” Each Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of to the effect of this Agreement.

Appears in 1 contract

Samples: Intercompany Subordination Agreement (Advanced Drainage Systems, Inc.)

Instruments Evidencing Subordinated Indebtedness. Each Company shall cause each instrument for borrowed money which now or hereafter evidences all or a portion of the Subordinated Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of the CONSOL an Intercompany Subordination Agreement dated as of April 12November 8, 2011, 2017 in favor of PNC BANKWILMINGTON TRUST, 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 Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of the effect of this Agreement.

Appears in 1 contract

Samples: Security Agreement (Pioneer Energy Services Corp)

Instruments Evidencing Subordinated Indebtedness. Each Company shall cause each instrument for borrowed money which now or hereafter evidences all or a portion of the Subordinated Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of the CONSOL an Intercompany Subordination Agreement dated as of April 12[ ], 2011, 2015 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 Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of the effect of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (CNX Coal Resources LP)

Instruments Evidencing Subordinated Indebtedness. Each Company shall cause each instrument for borrowed money which now or hereafter evidences all or a portion of the Subordinated Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of the CONSOL an Intercompany Subordination Agreement dated as of April 12May 7, 20112010, 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 Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of the effect of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (CNX Gas Corp)

Instruments Evidencing Subordinated Indebtedness. Each Company shall cause each instrument for borrowed money which now or hereafter evidences all or a portion of the Subordinated Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of the CONSOL an Intercompany Subordination Agreement dated as of April 12June 30, 2011, 2004 in favor of PNC BANK, NATIONAL ASSOCIATION, as Administrative Paying 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 Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of the effect of this Agreement.

Appears in 1 contract

Samples: Collateral Trust Agreement (Consol Energy Inc)

Instruments Evidencing Subordinated Indebtedness. Each Company shall cause each instrument for borrowed money which now or hereafter evidences all or a portion of the Subordinated Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of the CONSOL an Amended and Restated Intercompany Subordination Agreement dated as of April 12May 7, 2011, 2010 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 Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of the effect of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (CONSOL Energy Inc)

Instruments Evidencing Subordinated Indebtedness. Each Company shall cause each instrument for borrowed money which now or hereafter evidences all or a portion of the Subordinated Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of the CONSOL an Amended and Restated Intercompany Subordination Agreement dated as of April 12, 2011, 2011 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 Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of the effect of this Agreement.

Appears in 1 contract

Samples: Joinder and Assumption Agreement (CONSOL Energy Inc)

Instruments Evidencing Subordinated Indebtedness. Each Company shall cause each instrument for borrowed money which now or hereafter evidences all or a portion of the Subordinated Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of the CONSOL CNX Gas Intercompany Subordination Agreement dated as of April 12, 2011, 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 Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of the effect of this Agreement.

Appears in 1 contract

Samples: Joinder and Assumption Agreement (CONSOL Energy Inc)

Instruments Evidencing Subordinated Indebtedness. Each Company shall cause each instrument for borrowed money which now or hereafter evidences all or a portion of the Subordinated Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of the CONSOL an Amended and Restated Intercompany Subordination Agreement dated as of April 12, 2011, 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 Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of the effect of this Agreement.

Appears in 1 contract

Samples: Joinder and Assumption Agreement (CONSOL Energy Inc)

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Instruments Evidencing Subordinated Indebtedness. Each Company shall cause each instrument for borrowed money which now or hereafter evidences all or a portion of the Subordinated Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of the CONSOL an Intercompany Subordination Agreement dated as of April 12March 8, 2011, 2018 in favor of PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders referred to thereinAgent, 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 Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of the effect of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (CNX Midstream Partners LP)

Instruments Evidencing Subordinated Indebtedness. Each Company shall cause each instrument for borrowed money which now or hereafter evidences all or a portion of the Subordinated Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of the CONSOL an Intercompany Subordination Agreement dated as of April 12June 30, 2011, 2004 in favor of PNC BANK, NATIONAL ASSOCIATION, as Administrative Paying 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 Company will further xxxx mark its books of account in such a manner as shall be effective to give proper notice of the effect of this Agreement.

Appears in 1 contract

Samples: Security Agreement (Consol Energy Inc)

Instruments Evidencing Subordinated Indebtedness. Each Company shall cause each instrument for borrowed money which now or hereafter evidences all or a portion of the Subordinated Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of the CONSOL an Amended and Restated Intercompany Subordination Agreement dated as of April 12June 18, 2011, 2014 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 Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of the effect of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (CONSOL Energy Inc)

Instruments Evidencing Subordinated Indebtedness. Each Company shall cause each instrument for borrowed money which now or hereafter evidences all or a portion of the Subordinated Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of the CONSOL an Intercompany Subordination Agreement dated as of April 12July 7, 2011, 2015 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 Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of the effect of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (CNX Coal Resources LP)

Instruments Evidencing Subordinated Indebtedness. Each Company shall cause each instrument for borrowed money which now or hereafter evidences all or a portion of the Subordinated Indebtedness to be conspicuously marked as follows: “This instrument is subject to the terms of the CONSOL a Second Amended and Restated Intercompany Subordination Agreement dated as of April 12March 8, 2011, 2018 in favor of PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders referred to thereinAgent, 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 Company will further xxxx its books of account in such a manner as shall be effective to give proper notice of the effect of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (CNX Resources Corp)

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