Senior Security Agreement. Notwithstanding anything contained herein to the contrary, this Agreement and the security interest created hereby shall be junior to the security interest in favor of Fidelity National Bank ("Fidelity") pursuant to that certain Security Agreement dated as of December 30, 1994, as such agreement has been and may be amended from time to time (the "Fidelity Agreement"). To the extent that there is any inconsistency between the exercise of the Lender's rights and remedies provided for herein and the exercise by Fidelity of its rights and remedies pursuant to the Fidelity Agreement, the exercise of the Lender's rights and remedies provided for herein shall be subordinate to any exercise by Fidelity of its rights and remedies pursuant to the Fidelity Agreement. The Pledgor represents and warrants that Fidelity has consented to this Agreement and the security interest created hereby.
Appears in 3 contracts
Samples: Security Agreement (Retirement Care Associates Inc /Co/), Pledge Agreement (Retirement Care Associates Inc /Co/), Security Agreement (Retirement Care Associates Inc /Co/)
Senior Security Agreement. Notwithstanding anything contained herein to the contrary, this Agreement and the security interest created hereby shall be junior to the security interest in favor of Fidelity National Bank ("Fidelity") pursuant to that certain Security Agreement dated as of December 30, 1994, as such agreement has been and may be amended from time to time (the "Fidelity Agreement"). To the extent that there is any inconsistency between the exercise of the Lender's rights and remedies provided for herein and the exercise by Fidelity of its rights and remedies pursuant to the Fidelity Agreement, the exercise of the Lender's rights and remedies provided for herein shall be subordinate to any exercise by Fidelity of its rights and remedies pursuant to the Fidelity Agreement. The Each Pledgor represents and warrants that Fidelity has consented to this Agreement and the security interest created hereby.
Appears in 1 contract
Samples: Subsidiary Pledge Agreement (Retirement Care Associates Inc /Co/)