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

Restrictive Legend; Transfer of Subordinated Indebtedness. The Subordinated Creditors will cause the Subordinated Notes 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 Creditors will xxxx their books conspicuously to evidence the subordination effected hereby. Attached hereto is a true and correct copy of the Subordinated Notes bearing such legend. At the request of the Lender, the Subordinated Creditors shall deposit with the Lender the Subordinated Notes 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 or the Lender’s Lien in the Collateral has not been terminated. The Subordinated Creditors are the lawful holders of the Subordinated Notes and have not transferred any interest therein to any other person or entity. Without the prior written consent of the Lender, the Subordinated 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.

Restrictive Legend; Transfer of Subordinated Indebtedness. The Subordinated Creditors Creditor will cause the Subordinated Notes Note 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 Creditors Creditor will xxxx their mark its books conspicuously to evidence the subordination effected herebyhxxxxy. Attached hereto is a true and correct copy of the Subordinated Notes Note bearing such legend. At the request of the Lender, the Subordinated Creditors Creditor shall deposit with the Lender the Subordinated Notes Note 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 outstanding or the Lender’s Lien in the Collateral has not been terminatedoutstanding. The Subordinated Creditors are Creditor is the lawful holders holder of the Subordinated Notes Note and have has not transferred any interest therein to any other person or entityperson. Without the prior written consent of the Lender, the Subordinated Creditors 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 samesame so long as there remains outstanding any of the Lender Indebtedness.

Restrictive Legend; Transfer of Subordinated Indebtedness. (a) The Subordinated Creditors Creditor will cause the Subordinated Notes Note 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 Creditors Creditor will xxxx their its books conspicuously to evidence the subordination effected hereby. Attached hereto is a true and correct copy of the Subordinated Notes Note bearing such legend. At the request of the Lender, the Subordinated Creditors Creditor shall deposit with the Lender the Subordinated Notes Note 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 outstanding or the Lender’s Lien in the Collateral has not been terminatedoutstanding. The Subordinated Creditors are Creditor is the lawful holders holder of the Subordinated Notes Note and have has not transferred any interest therein to any other person or entityperson. Without the prior written consent of the Lender, the which consent shall not be unreasonably withheld, Subordinated Creditors 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 samesame so long as there remains outstanding any of Lender Indebtedness. (b) Notwithstanding any other provision of this Agreement, Subordinated Creditor may, without the consent of Lender: (i) change its form of business entity; and (ii) assign, transfer or pledge the Subordinated Indebtedness to one of its affiliates, provided assignee assumes all obligations under this Subornation Agreement.

Restrictive Legend; Transfer of Subordinated Indebtedness. The --------------------------------------------------------- Subordinated Creditors Creditor will cause the Subordinated 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 Creditors Creditor will xxxx their its books conspicuously to evidence the subordination effected hereby. Attached hereto is a true and correct copy of the Subordinated Notes bearing such legend. At the request of the Senior Lender, the Subordinated Creditors Creditor shall deposit with the Senior Lender the Subordinated 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 Senior Lender so long as any Senior Lender Indebtedness remains outstanding or the Senior Lender’s 's Lien in the Collateral has not been terminated. The Subordinated Creditors are Creditor is the lawful holders holder of the Subordinated Notes Indebtedness and have has not transferred any interest therein to any other person or entityperson. Without the prior written consent of the Senior Lender (which consent may be given, withheld or conditioned in the Senior Lender's sole and absolute discretion), the Subordinated Creditors 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.

Restrictive Legend; Transfer of Subordinated Indebtedness. The Subordinated Creditors Creditor will cause the Subordinated Notes Note 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 Creditors Creditor will xxxx their its books conspicuously to evidence the subordination effected hereby. Attached hereto is a true and correct copy of the Subordinated Notes Note bearing such legend. At the request of the Lender, the Subordinated Creditors shall deposit with the Lender the Subordinated Notes 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 or the Lender’s Lien in the Collateral has not been terminated. The Subordinated Creditors are Creditor is the lawful holders holder of the Subordinated Notes Note and have has not transferred any interest therein to any other person or entityperson. Without the prior written consent of the LenderAgent, which consent shall not be unreasonably withheld or delayed, the Subordinated Creditors 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 so long as there remains outstanding any of the Lender Indebtedness. Nothing herein shall preclude any assignment, transfer or pledge of the Subordinated Note or any portion thereof to any affiliate of any holder thereof who agrees to be bound by the terms of this agreement or any assignment, transfer or pledge of the Subordinated Note or any portion thereof the consent to which by the Agent has been unreasonably withheld or delayed. Nothing herein shall preclude the conversion of the Subordinated Note in accordance with the terms of section 9(a) or 9(b)

Restrictive Legend; Transfer of Subordinated Indebtedness. The Subordinated Creditors Creditor will cause the Subordinated 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 in the effect that the indebtedness thereby evidenced is subject to the provisions form of this AgreementExhibit A, and the Subordinated Creditors Creditor will xxxx their its books conspicuously to evidence the subordination effected hereby. Attached hereto The Subordinated Creditor is a true and correct copy the lawful holder of the Subordinated Notes bearing such legend. At the request of the Lender, the Subordinated Creditors shall deposit with the Lender the Subordinated Notes 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 or the Lender’s Lien in the Collateral has not been terminated. The Subordinated Creditors are the lawful holders of the Subordinated Notes and have not transferred any interest therein to any other person or entity. Without the prior written consent of the Senior Lender, the Subordinated Creditors 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, 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 any Senior Lender Indebtedness remains outstanding or the Senior Lender’s Lien in the Collateral has not been terminated.

Restrictive Legend; Transfer of Subordinated Indebtedness. The Subordinated Creditors Creditor will cause the Subordinated Notes Note and all other Notesnotes, 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 Creditors Creditor will xxxx their its books conspicuously to evidence the subordination effected hereby. Attached hereto is a true and correct copy of the Subordinated Notes Note bearing such legend. At the request of the Senior Lender, the Subordinated Creditors Creditor shall deposit with the Senior Lender the Subordinated Notes Note 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 Senior Lender so long as any Senior Lender Indebtedness remains outstanding or the Senior Lender’s 's Lien in the Collateral has not been terminated. The Subordinated Creditors are Creditor is the lawful holders holder of the Subordinated Notes Note and have has not transferred any interest therein to any other person or entityperson. Without the prior written consent of the Senior Lender, the Subordinated Creditors 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, which consent shall not be unreasonably withheld, conditioned or delayed.

Restrictive Legend; Transfer of Subordinated Indebtedness. The Subordinated Creditors Creditor will cause the Subordinated Notes Note 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 Creditors Creditor will xxxx their its books conspicuously to evidence the subordination effected hereby. Attached hereto is a true and correct copy of the Subordinated Notes Note bearing such legend. At the request of the Lender, the Subordinated Creditors Creditor shall deposit with the Lender the Subordinated Notes Note 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 outstanding or the Lender’s Lien in the Collateral has not been terminated. The Subordinated Creditors are Creditor is the lawful holders holder of the Subordinated Notes Note and have has not transferred any interest therein to any other person or entity. Without the prior written consent of the Lender, the Subordinated Creditors 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.

Restrictive Legend; Transfer of Subordinated Indebtedness. The Subordinated Creditors Creditor will cause the Subordinated Notes Note 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 Creditors Creditor will xxxx their mark xxx books conspicuously to evidence the subordination effected hereby. Attached hereto is a true and correct copy of the Subordinated Notes Note bearing such legend. At the request of the Lender, the Subordinated Creditors Creditor shall deposit with the Lender the Subordinated Notes Note 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 outstanding or the Lender’s Lien in the Collateral has not been terminatedoutstanding. The Subordinated Creditors are Creditor is the lawful holders holder of the Subordinated Notes Note and have has not transferred any interest therein to any other person or entityperson. Without the prior written consent of the Lender, the Subordinated Creditors 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 samesame so long as there remains outstanding any of the Lender Indebtedness.

Restrictive Legend; Transfer of Subordinated Indebtedness. The --------------------------------------------------------- Subordinated Creditors Creditor will cause the Subordinated Notes Note 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 Creditors Creditor will xxxx their mark its books conspicuously to evidence the subordination effected herebyhxxxxy. Attached hereto is a true and correct copy of the Subordinated Notes Note bearing such legend. At the request of the LenderWells Fargo, the Subordinated Creditors Creditor shall deposit with the Lender the Wells Fargo xxx Subordinated Notes Note and all of the other Notesnotes, bonds, debentures xxxxxtures or other instruments evidencing the Subordinated Indebtedness, which Notesnotes, bonds, debentures or other instruments may be held by the Lender Wells Fargo so long as any Lender Wells Fargo Indebtedness remains outstanding or the Lender’s outstandixx xx Wells Fargo's Lien in the xxx Collateral has not been terminated. The Subordinated Creditors are Subxxxxxated Creditor is the lawful holders holder of the Subordinated Notes Note and have has not transferred any interest therein to any other person or entity. Without the prior written consent of the LenderWells Fargo, the Subordinated Creditors 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.

Restrictive Legend; Transfer of Subordinated Indebtedness. The Subordinated Creditors Creditor will cause the Subordinated Notes Note 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 Creditors Creditor will xxxx their mark its books conspicuously to conspicuousxx xo evidence the subordination effected hereby. Attached hereto is a true and correct copy of the Subordinated Notes Note bearing such legend. At the request of the Lender, the Subordinated Creditors Creditor shall deposit with the Lender the Subordinated Notes Note 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 outstanding or the Lender’s Lien in the Collateral has not been terminatedoutstanding. The Subordinated Creditors are Creditor is the lawful holders holder of the Subordinated Notes Note and have has not transferred any interest therein to any other person or entityperson. Without the prior written consent of the Lender, the Subordinated Creditors 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 samesame so long as there remains outstanding any of the Lender Indebtedness.

Restrictive Legend; Transfer of Subordinated Indebtedness. The Each Subordinated Creditors Creditor agrees that it will cause the its Subordinated Notes Note and all other Notesnotes, 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 Creditors Creditor will xxxx their mxxx its books conspicuously to evidence the subordination effected hereby. Attached hereto is a true and correct copy of the each Subordinated Notes Note bearing such legend. At Each Subordinated Creditor agrees that, at the request of the Senior Lender, the such Subordinated Creditors Creditor shall deposit with the Senior Lender the its Subordinated Notes Note 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 Senior Lender so long as any Senior Lender Indebtedness remains outstanding or the Senior Lender’s Lien in the Collateral has not been terminated. The Each Subordinated Creditors are Creditor agrees that it is the lawful holders holder of the its Subordinated Notes Note and have it has not transferred any interest therein to any other person or entityPerson. Without the prior written consent of the Lender, the Each Subordinated Creditors Creditor agrees that it will not assign, transfer or pledge to any other person Person any of the Subordinated Indebtedness without delivering to the Senior Lender, simultaneously with such assignment, transfer or pledge, a joinder agreement, in form and substance acceptable to the Senior Lender, executed by such assignee, transferee or pledgee pursuant to which such assignee, transferee or pledgee is bound, as a Subordinated Creditor, by all of the terms and conditions of this Agreement; provided, however, that each Subordinated Creditor may pledge a Subordinated Note in connection with a bona fide margin account or other loan or financing arrangement secured by such Subordinated Note without providing a joinder agreement, but, upon any assignment or transfer of such a pledged Subordinated Note to such pledgee or any other assignee or transferee of such Subordinated Note, such Subordinated Creditor shall cause such pledgee, assignee or transferee to deliver to the Senior Lender, simultaneously with such assignment or transfer, a joinder agreement, in form and substance acceptable to the Senior Lender, executed by such pledgee, transferee or assignee pursuant to which such pledgee, transferee or assignee is bound, as a Subordinated Creditor, by all of the terms and conditions of this Agreement. Notwithstanding the failure to execute or deliver any such joinder agreement, the subordination effected hereby shall survive any assignment, transfer or pledge of all or any portion of the Subordinated Indebtedness, and the terms of this Agreement shall be binding upon the successors, assigns and transferees of each Subordinated Creditor. Each Subordinated Creditor agrees that it will not, without the prior written consent of the Senior Lender, agree to a discharge or forgiveness of the sameSubordinated Indebtedness.

Restrictive Legend; Transfer of Subordinated Indebtedness. The Subordinated Creditors Creditor will cause the Subordinated Notes Note 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 Creditors Creditor will xxxx their mxxx its books conspicuously to evidence the subordination effected hereby. Attached hereto is a true and correct copy of the Subordinated Notes Note bearing such legend. At the request of the Lender, the Subordinated Creditors Creditor shall deposit with the Lender the Subordinated Notes Note 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 outstanding or the Lender’s Lien in the Collateral has not been terminatedoutstanding. The Subordinated Creditors are Creditor is the lawful holders holder of the Subordinated Notes Note and have has not transferred any interest therein to any other person or entityperson. Without the prior written consent of the Lender, the Subordinated Creditors 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 samesame so long as there remains outstanding any of the Lender Indebtedness.

Restrictive Legend; Transfer of Subordinated Indebtedness. The Each Subordinated Creditors Creditor agrees that it will cause the its Subordinated Notes Note and all other Notesnotes, 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 Creditors Creditor will xxxx their mxxx its books conspicuously to evidence the subordination effected hereby. Attached hereto as Exhibit A is a true and correct copy of the each Subordinated Notes Note bearing such legend. At Each Subordinated Creditor agrees that, at the request of the Senior Lender, the such Subordinated Creditors Creditor shall deposit with the Senior Lender the its Subordinated Notes Note 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 Senior Lender so long as any Senior Lender Indebtedness remains outstanding or the Senior Lender’s Lien in the Collateral has not been terminated. The Each Subordinated Creditors are Creditor represents and warrants that it is the lawful holders holder of the its Subordinated Notes Note and have it has not transferred any interest therein to any other person or entityPerson. Without the prior written consent of the Lender, the Each Subordinated Creditors Creditor agrees that it will not assign, transfer or pledge to any other person Person any of the Subordinated Indebtedness without delivering to the Senior Lender, simultaneously with such assignment, transfer or pledge, a joinder agreement, in form and substance acceptable to the Senior Lender, executed by such assignee, transferee or pledgee pursuant to which such assignee, transferee or pledgee is bound, as a Subordinated Creditor, by all of the terms and conditions of this Agreement; provided, however, that each Subordinated Creditor may pledge a Subordinated Note in connection with a bona fide margin account or other loan or financing arrangement secured by such Subordinated Note without providing a joinder agreement, but, upon any assignment or transfer of such a pledged Subordinated Note to such pledgee or any other assignee or transferee of such Subordinated Note, such Subordinated Creditor shall cause such pledgee, assignee or transferee to deliver to the Senior Lender, simultaneously with such assignment or transfer, a joinder agreement, in form and substance acceptable to the Senior Lender, executed by such pledgee, transferee or assignee pursuant to which such pledgee, transferee or assignee is bound, as a Subordinated Creditor, by all of the terms and conditions of this Agreement. Notwithstanding the failure to execute or deliver any such joinder agreement, the subordination effected hereby shall survive any assignment, transfer or pledge of all or any portion of the Subordinated Indebtedness, and the terms of this Agreement shall be binding upon the successors, assigns and transferees of each Subordinated Creditor. Each Subordinated Creditor agrees that it will not, without the prior written consent of the Senior Lender, agree to a discharge or forgiveness of the sameSubordinated Indebtedness.

Restrictive Legend; Transfer of Subordinated Indebtedness. The Subordinated Creditors will cause the Subordinated Notes Debentures 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 Creditors will xxxx their books conspicuously to evidence the subordination effected hereby. Attached hereto is a true and correct copy of the Subordinated Notes Debentures bearing such legend. At the request of the Lender, the Subordinated Creditors shall deposit with the Lender the Subordinated Notes Debentures 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 outstanding or the Lender’s Lien in the Collateral has not been terminated. The Subordinated Creditors are the lawful holders holder of the Subordinated Notes Debentures and have not transferred any interest therein to any other person or entity. Without the prior written consent of the Lender, the Subordinated 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.