Common use of Restrictive Legend; Transfer of Subordinated Indebtedness Clause in Contracts

Restrictive Legend; Transfer of Subordinated Indebtedness. The Subordinated Creditor will cause the Subordinated Note and all other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness or any part thereof to contain a specific statement thereon to the effect that the indebtedness thereby evidenced is subject to the provisions of this Agreement, and the Subordinated Creditor will mark its books conspicuously to evidence the subordination effected hxxxxy. Attached hereto is a true and correct copy of the Subordinated Note bearing such legend. At the request of the Lender, the Subordinated Creditor shall deposit with the Lender the Subordinated Note and all of the other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness, which notes, bonds, debentures or other instruments may be held by the Lender so long as any Lender Indebtedness remains outstanding. The Subordinated Creditor is the lawful holder of the Subordinated Note and has not transferred any interest therein to any other person. Without the prior written consent of the Lender, the Subordinated Creditor will not assign, transfer or pledge to any other person any of the Subordinated Indebtedness or agree to a discharge or forgiveness of the same so long as there remains outstanding any of the Lender Indebtedness.

Restrictive Legend; Transfer of Subordinated Indebtedness. The Subordinated Creditor Creditors will cause the Subordinated Note Notes and all other notesNotes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness or any part thereof to contain a specific statement thereon to the effect that the indebtedness thereby evidenced is subject to the provisions of this Agreement, and the Subordinated Creditor Creditors will mark its xxxx their books conspicuously to evidence the subordination effected hxxxxyhereby. Attached hereto is a true and correct copy of the Subordinated Note Notes bearing such legend. At the request of the Lender, the Subordinated Creditor Creditors shall deposit with the Lender the Subordinated Note Notes and all of the other notesNotes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness, which notesNotes, bonds, debentures or other instruments may be held by the Lender so long as any Lender Indebtedness remains outstandingoutstanding or the Lender’s Lien in the Collateral has not been terminated. The Subordinated Creditor is Creditors are the lawful holder holders of the Subordinated Note Notes and has have not transferred any interest therein to any other personperson or entity. Without the prior written consent of the Lender, the Subordinated Creditor Creditors will not assign, transfer or pledge to any other person any of the Subordinated Indebtedness or agree to a discharge or forgiveness of the same so long as there remains outstanding any of the Lender Indebtednesssame.

Restrictive Legend; Transfer of Subordinated Indebtedness. (a) The Subordinated Creditor will cause the Subordinated Note and all other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness or any part thereof to contain a specific statement thereon to the effect that the indebtedness thereby evidenced is subject to the provisions of this Agreement, and the Subordinated Creditor will mark xxxx its books conspicuously to evidence the subordination effected hxxxxyhereby. Attached hereto is a true and correct copy of the Subordinated Note bearing such legend. At the request of the Lender, the Subordinated Creditor shall deposit with the Lender the Subordinated Note and all of the other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness, which notes, bonds, debentures or other instruments may be held by the Lender so long as any Lender Indebtedness remains outstanding. The Subordinated Creditor is the lawful holder of the Subordinated Note and has not transferred any interest therein to any other person. Without the prior written consent of the Lender, the which consent shall not be unreasonably withheld, Subordinated Creditor will not assign, transfer or pledge to any other person any of the Subordinated Indebtedness or agree to a discharge or forgiveness of the same so long as there remains outstanding any of the Lender Indebtedness.

Restrictive Legend; Transfer of Subordinated Indebtedness. The Subordinated Creditor Creditors will cause the Subordinated Note Debentures and all other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness or any part thereof to contain a specific statement thereon to the effect that the indebtedness thereby evidenced is subject to the provisions of this Agreement, and the Subordinated Creditor Creditors will mark its xxxx their books conspicuously to evidence the subordination effected hxxxxyhereby. Attached hereto is a true and correct copy of the Subordinated Note Debentures bearing such legend. At the request of the Lender, the Subordinated Creditor Creditors shall deposit with the Lender the Subordinated Note Debentures and all of the other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness, which notes, bonds, debentures or other instruments may be held by the Lender so long as any Lender Indebtedness remains outstandingoutstanding or the Lender’s Lien in the Collateral has not been terminated. The Subordinated Creditor is Creditors are the lawful holder of the Subordinated Note Debentures and has have not transferred any interest therein to any other personperson or entity. Without the prior written consent of the Lender, the Subordinated Creditor Creditors will not assign, transfer or pledge to any other person any of the Subordinated Indebtedness or agree to a discharge or forgiveness of the same so long as there remains outstanding any of the Lender Indebtednesssame.

Restrictive Legend; Transfer of Subordinated Indebtedness. The Subordinated Creditor will cause the Subordinated Note and all other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness or any part thereof to contain a specific statement thereon to in the effect that the indebtedness thereby evidenced is subject to the provisions form of this AgreementExhibit A, and the Subordinated Creditor will mark xxxx its books conspicuously to evidence the subordination effected hxxxxy. Attached hereto is a true and correct copy of the Subordinated Note bearing such legend. At the request of the Lender, the Subordinated Creditor shall deposit with the Lender the Subordinated Note and all of the other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness, which notes, bonds, debentures or other instruments may be held by the Lender so long as any Lender Indebtedness remains outstandinghereby. The Subordinated Creditor is the lawful holder of the Subordinated Note and has not transferred any interest therein to any other personperson or entity. Without the prior written consent of the Senior Lender, the Subordinated Creditor will not assign, transfer or pledge to any other person any of the Subordinated Indebtedness or agree to a discharge or forgiveness of the same same, except that the Subordinated Creditor may assign all or a portion of the Subordinated Indebtedness to any party that has signed a Subordination Agreement substantially identical to this Agreement. If the Senior Lender determines in its reasonable discretion that an assignment of Subordinated Indebtedness in violation of the preceding sentence is likely to occur, the Subordinated Creditor shall, at the request of the Senior Lender, deposit with the Senior Lender all of the notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness, which notes, bonds, debentures or other instruments may be held by the Senior Lender so long as there any Senior Lender Indebtedness remains outstanding any of or the Lender IndebtednessSenior Lender’s Lien in the Collateral has not been terminated.

Restrictive Legend; Transfer of Subordinated Indebtedness. The Subordinated Creditor will cause the Subordinated Note and all other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness or any part thereof to contain a specific statement thereon to the effect that the indebtedness thereby evidenced is subject to the provisions of this Agreement, and the Subordinated Creditor will mark its xxx books conspicuously to evidence the subordination effected hxxxxyhereby. Attached hereto is a true and correct copy of the Subordinated Note bearing such legend. At the request of the Lender, the Subordinated Creditor shall deposit with the Lender the Subordinated Note and all of the other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness, which notes, bonds, debentures or other instruments may be held by the Lender so long as any Lender Indebtedness remains outstanding. The Subordinated Creditor is the lawful holder of the Subordinated Note and has not transferred any interest therein to any other person. Without the prior written consent of the Lender, the Subordinated Creditor will not assign, transfer or pledge to any other person any of the Subordinated Indebtedness or agree to a discharge or forgiveness of the same so long as there remains outstanding any of the Lender Indebtedness.

Restrictive Legend; Transfer of Subordinated Indebtedness. The Subordinated Creditor will cause the Subordinated Note and all other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness or any part thereof to contain a specific statement thereon to the effect that the indebtedness thereby evidenced is subject to the provisions of this Agreement, and the Subordinated Creditor will mark xxxx its books conspicuously to evidence the subordination effected hxxxxy. Attached hereto is a true and correct copy of the Subordinated Note bearing such legendhereby. At the request of the Senior Lender, the Subordinated Creditor shall deposit with the Senior Lender the Subordinated Note and all of the other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness, which notes, bonds, debentures or other instruments may be held by the Senior Lender so long as any Senior Lender Indebtedness remains outstandingoutstanding or the Senior Lender's Lien in the Collateral has not been terminated. The Subordinated Creditor is the lawful holder of the Subordinated Note and has not transferred any interest therein to any other person. Without the prior written consent of the Senior Lender, the Subordinated Creditor will not assign, transfer or pledge to any other person any of the Subordinated Indebtedness or agree to a discharge or forgiveness of the same so long as there remains outstanding any of the Lender Indebtednesssame.

Restrictive Legend; Transfer of Subordinated Indebtedness. The Subordinated Creditor will cause the Subordinated Note and all other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness or any part thereof to contain a specific statement thereon to the effect that the indebtedness thereby evidenced is subject to the provisions of this Agreement, and the Subordinated Creditor will mark mxxx its books conspicuously to evidence the subordination effected hxxxxyhereby. Attached hereto is a true and correct copy of the Subordinated Note bearing such legend. At the request of the Lender, the Subordinated Creditor shall deposit with the Lender the Subordinated Note and all of the other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness, which notes, bonds, debentures or other instruments may be held by the Lender so long as any Lender Indebtedness remains outstanding. The Subordinated Creditor is the lawful holder of the Subordinated Note and has not transferred any interest therein to any other person. Without the prior written consent of the Lender, the Subordinated Creditor will not assign, transfer or pledge to any other person any of the Subordinated Indebtedness or agree to a discharge or forgiveness of the same so long as there remains outstanding any of the Lender Indebtedness.

Restrictive Legend; Transfer of Subordinated Indebtedness. The Subordinated Creditor will cause the Subordinated Note and all other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness or any part thereof to contain a specific statement thereon to the effect that the indebtedness thereby evidenced is subject to the provisions of this Agreement, and the Subordinated Creditor will mark its books conspicuously to conspicuousxx xo evidence the subordination effected hxxxxyhereby. Attached hereto is a true and correct copy of the Subordinated Note bearing such legend. At the request of the Lender, the Subordinated Creditor shall deposit with the Lender the Subordinated Note and all of the other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness, which notes, bonds, debentures or other instruments may be held by the Lender so long as any Lender Indebtedness remains outstanding. The Subordinated Creditor is the lawful holder of the Subordinated Note and has not transferred any interest therein to any other person. Without the prior written consent of the Lender, the Subordinated Creditor will not assign, transfer or pledge to any other person any of the Subordinated Indebtedness or agree to a discharge or forgiveness of the same so long as there remains outstanding any of the Lender Indebtedness.

Restrictive Legend; Transfer of Subordinated Indebtedness. The Each Subordinated Creditor agrees that it will cause the its Subordinated Note and all other notes, bonds, debentures or other instruments evidencing its portion of the Subordinated Indebtedness or any part thereof to contain a specific statement thereon to the effect that the indebtedness thereby evidenced is subject to the provisions of this Agreement, and the each Subordinated Creditor will mark mxxx its books conspicuously to evidence the subordination effected hxxxxyhereby. Attached hereto is a true and correct copy of the each Subordinated Note bearing such legend. At Each Subordinated Creditor agrees that, at the request of the Senior Lender, the such Subordinated Creditor shall deposit with the Senior Lender the its Subordinated Note and all of the other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness, which notes, bonds, debentures or other instruments may be held by the Senior Lender so long as any Senior Lender Indebtedness remains outstanding. The Subordinated Creditor is outstanding or the lawful holder of Senior Lender’s Lien in the Subordinated Note and Collateral has not transferred any interest therein to any other personbeen terminated. Without the prior written consent of the Lender, the Subordinated Creditor will not assign, transfer or pledge to any other person any of the Subordinated Indebtedness or agree to a discharge or forgiveness of the same so long as there remains outstanding any of the Lender Indebtedness.Each

Restrictive Legend; Transfer of Subordinated Indebtedness. The --------------------------------------------------------- Subordinated Creditor will cause the Subordinated Note and all other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness or any part thereof to contain a specific statement thereon to the effect that the indebtedness thereby evidenced is subject to the provisions of this Agreement, and the Subordinated Creditor will mark its books conspicuously to evidence the subordination effected hxxxxy. Attached hereto is a true and correct copy of the Subordinated Note bearing such legend. At the request of the LenderWells Fargo, the Subordinated Creditor shall deposit with the Lender the Wells Fargo xxx Subordinated Note and all of the other notes, bonds, debentures xxxxxtures or other instruments evidencing the Subordinated Indebtedness, which notes, bonds, debentures or other instruments may be held by the Lender Wells Fargo so long as any Lender Wells Fargo Indebtedness remains outstandingoutstandixx xx Wells Fargo's Lien in xxx Collateral has not been terminated. The Subordinated Subxxxxxated Creditor is the lawful holder of the Subordinated Note and has not transferred any interest therein to any other personperson or entity. Without the prior written consent of the LenderWells Fargo, the Subordinated Creditor will not assign, transfer or pledge pxxxxx to any other person any of the Subordinated Indebtedness or agree to a discharge or forgiveness of the same so long as there remains outstanding any of the Lender Indebtednesssame.

Restrictive Legend; Transfer of Subordinated Indebtedness. The Subordinated Creditor will cause the Subordinated Note and all other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness or any part thereof (except for warrants issued in connection with the Subordinated Note) to contain a specific statement thereon to the effect that the indebtedness thereby evidenced is subject to the provisions of this Agreement, and the Subordinated Creditor will mark xxxx its books conspicuously to evidence the subordination effected hxxxxyhereby. Attached hereto is a true and correct copy of the Subordinated Note bearing such legend. At the request of the Senior Lender, the Subordinated Creditor shall deposit with the Senior Lender the Subordinated Note and all of the other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness, which notes, bonds, debentures or other instruments may be held by the Senior Lender so long as any Senior Lender Indebtedness remains outstandingoutstanding or the Senior Lender's Lien in the Collateral has not been terminated. The Subordinated Creditor is the lawful holder of the Subordinated Note and has not transferred any interest therein to any other person. Without the prior written consent of the Senior Lender, the Subordinated Creditor will not assign, transfer or pledge to any other person any of the Subordinated Indebtedness or agree to a discharge or forgiveness of the same so long as there remains outstanding any of the Lender Indebtednesssame, which consent shall not be unreasonably withheld, conditioned or delayed.

Restrictive Legend; Transfer of Subordinated Indebtedness. The Subordinated Creditor will cause the Subordinated Note and all other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness or any part thereof to contain a specific statement thereon to the effect that the indebtedness thereby evidenced is subject to the provisions of this Agreement, and the Subordinated Creditor will mark xxxx its books conspicuously to evidence the subordination effected hxxxxyhereby. Attached hereto is a true and correct copy of the Subordinated Note bearing such legend. At the request of the Lender, the Subordinated Creditor shall deposit with the Lender the Subordinated Note and all of the other notes, bonds, debentures or other instruments evidencing the Subordinated Indebtedness, which notes, bonds, debentures or other instruments may be held by the Lender so long as any Lender Indebtedness remains outstandingoutstanding or the Lender’s Lien in the Collateral has not been terminated. The Subordinated Creditor is the lawful holder of the Subordinated Note and has not transferred any interest therein to any other personperson or entity. Without the prior written consent of the Lender, the Subordinated Creditor will not assign, transfer or pledge to any other person any of the Subordinated Indebtedness or agree to a discharge or forgiveness of the same so long as there remains outstanding any of the Lender Indebtednesssame.