REAFFIRMATION OF SUBORDINATION AGREEMENT Sample Clauses

REAFFIRMATION OF SUBORDINATION AGREEMENT. The undersigned Creditor and Guarantor have heretofore executed a Debt Subordination Agreement dated May 19, 2009 (“Subordination Agreement”) with respect to the obligations of the above referenced Borrower, and hereby consent to the foregoing Amendment No. 1 and the matters therein set forth, and agree that such Subordination Agreement and the obligations therein set forth shall remain in full force and effect after giving effect to Amendment No. 1. “Creditor” CENTRA, INC. By: /S/ XXX X. XXXXXX Xxx X. Xxxxxx Its: Secretary “Guarantor” LINC Logistics Company By: /S/ M. D. AKKANEN M.D. Akkanen Its: Secretary and Authorized Officer
AutoNDA by SimpleDocs
REAFFIRMATION OF SUBORDINATION AGREEMENT. The undersigned hereby (i) consents and agrees to the terms and provisions of the foregoing Amendment and each of the transactions contemplated thereby, and confirms and agrees that all references in the Financing Agreements to the “Loan Agreement” shall mean the Loan Agreement as amended by the foregoing Amendment, and (ii) agrees that that certain Notes Payable Subordination Agreement, dated as of March 29, 2002 (as amended through the date hereof, the “Subordination Agreement”), executed by the undersigned, acknowledged by Borrower, and accepted by Lender, remains in full force and effect and continues to be the legal, valid and binding obligation of the undersigned enforceable against the undersigned in accordance with its terms. Furthermore, the undersigned hereby agrees and acknowledges that (i) the Subordination Agreement is not subject to any claims, defenses or offsets, (ii) nothing contained in the foregoing Amendment shall adversely affect any right or remedy of Lender under the Subordination Agreement or any other agreement executed by the undersigned in connection therewith, (iii) the execution and delivery of the foregoing Amendment or any agreement entered into by Lender in connection therewith shall in no way reduce, impair or discharge any obligations of the undersigned pursuant to the Subordination Agreement, and shall not constitute a waiver by Lender of Lender’s rights against the undersigned under the Subordination Agreement, (iv) the consent of the undersigned is not required to the effectiveness of the foregoing Amendment and (v) no consent by the undersigned, in its capacity as a subordinated creditor of Borrower, is required for the effectiveness of any future amendment, modification, forbearance or other action with respect to the Loan Agreement or any present or future document executed in connection therewith (other than the Subordination Agreement). PRIORITY FULFILLMENT SERVICES, INC. By: Name: Title: Reaffirmation of Subordination Agreement
REAFFIRMATION OF SUBORDINATION AGREEMENT. By execution of this Amendment, AXXX hereby acknowledges the terms of this Amendment and confirms that the terms and conditions of the Amended and Restated Subordination Agreement dated as of October 1, 2012, as amended, restated, supplemented, or modified from time to time, are hereby reaffirmed and shall continue in full force and effect as therein written.
REAFFIRMATION OF SUBORDINATION AGREEMENT. Execution and delivery by Solectron Corporation and Solectron Technology SDN.BHD. of that certain Subordination Agreement dated as of May 30, 2002 in the form of Exhibit F hereto.
REAFFIRMATION OF SUBORDINATION AGREEMENT. Each of the Junior Creditors hereby expressly (a) consents to the execution of this Agreement, (b) acknowledges that the “Senior Indebtedness” or “Senior Loans” (as defined in the Subordination Agreement, as the case may be) include all of the obligations and liabilities owing from the Credit Parties to LaSalle, including, but not limited to, the obligations and liabilities of the Credit Parties to LaSalle under and pursuant to the Credit Agreement, as the same may be amended from time to time, and as evidenced by the notes delivered in connection therewith, as modified, extended and/or replaced from time to time; (c) acknowledges that the “Subordinated Indebtedness” or “Senior Loans” (as defined in the Subordination Agreement, as the case may be) shall remain subordinate to the “Senior Indebtedness” or “Senior Loans” (as defined in the Subordination Agreement, as the case may be) (d) reaffirms, assumes and binds himself/itself in all respects to all of the obligations, liabilities, duties, covenants, terms and conditions that are contained in the Subordination Agreement, (e) agrees that such all obligations and liabilities under the Subordination Agreement shall continue in full force and effect and shall not be discharged, limited, impaired or affected in any manner whatsoever, and (f) represents and warrants that each of the representations and warranties made by such Junior Creditor in any of the documents executed in connection with the Loans remain true and correct as of the date hereof.
REAFFIRMATION OF SUBORDINATION AGREEMENT. As a specific inducement to Crestmark, and in consideration of Crestmark's reliance hereon, the Subordinating Creditor, Youngevity International, Inc., a Delaware corporation has executed the Subordination Agreement dated November 16, 2017, as may been amended from time (the "Subordination Agreement"). Subordinating Creditor hereby acknowledges and agrees to- the amendments and modifications set forth above and reaffirms the Subordination Agreement. Subordinating Creditor further acknowledges that the Subordination Agreement remains in full force and effect without offset or counterclaim.
REAFFIRMATION OF SUBORDINATION AGREEMENT. By execution of this Amendment, American Republic Investment Co., a Delaware corporation, hereby covenants and agrees that its Amended and Restated Subordination Agreement dated October 1, 2012 shall remain in full force and effect and that Joining Borrower shall be deemed a Borrower thereunder.
AutoNDA by SimpleDocs
REAFFIRMATION OF SUBORDINATION AGREEMENT. Subordinated Creditor hereby: (a) consents to the terms and execution of this Modification Agreement, and (b) reaffirms the obligations of Subordinated Creditor to Lender under to the terms of the Subordination Agreement and other Loan Documents, as amended or modified herein.

Related to REAFFIRMATION OF SUBORDINATION AGREEMENT

  • Agreement of Subordination The Company covenants and agrees, and each holder of Notes issued hereunder by his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed or repurchased, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or created. No provision of this Article IV shall prevent the occurrence of any default or Event of Default hereunder.

  • Subordination Agreements Subordination Agreements with respect to all Subordinated Debt.

  • Reaffirmation of Obligations Each Loan Party (a) acknowledges and consents to all of the terms and conditions of this Amendment, (b) affirms all of its obligations under the Loan Documents and (c) agrees that this Amendment and all documents executed in connection herewith do not operate to reduce or discharge such Loan Party’s obligations under the Loan Documents.

  • Subordination Agreement Each of (i) the subordination of interest payments to the Noteholders of the Class B Notes to the payment of any First Priority Principal Payment to the Noteholders of the Class A Notes and (ii) the subordination of interest payments to the Noteholders of the Class C Notes to the payment of any Second Priority Principal Payment to the Noteholders of the Class A Notes and the Class B Notes under Section 8.2(c) is a subordination agreement within the meaning of Section 510(a) of the Bankruptcy Code.

  • Estoppel Certificate or Subordination Agreement Tenant fails to execute any document required from Tenant under Sections 23 or 27 within 5 days after a second notice requesting such document.

  • Intercompany Subordination Agreement The Administrative Agent shall have received the Intercompany Subordination Agreement, duly executed and delivered by each Loan Party.

  • Reaffirmation of Loan Agreement Except as modified by the terms hereof, all of the terms and conditions of the Loan Agreement, as amended, and all other of the Existing Financing Agreements are hereby reaffirmed and shall continue in full force and effect as therein written.

  • Ratification and Reaffirmation Each Borrower hereby ratifies and reaffirms the Obligations, each of the Loan Documents and all of such Borrower's covenants, duties, indebtedness and liabilities under the Loan Documents.

  • No Waiver of Subordination Provisions No right of any present or future holder of any Senior Debt of the Company to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the Company, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the Company; (iii) release any Person liable in any manner for the collection of Senior Debt of the Company; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

  • Affirmation of Obligations Each of the Credit Parties hereby acknowledges, agrees and affirms (a) its obligations under the Credit Agreement and the other Loan Documents, including, without limitation, its guaranty obligations thereunder, (b) that such guaranty shall apply to the Obligations in accordance with the terms thereof, (c) the grant of the security interest in all of its assets pursuant to the Loan Documents and (d) that such liens and security interests created and granted are valid and continuing and secure the Obligations in accordance with the terms thereof.

Time is Money Join Law Insider Premium to draft better contracts faster.