Subordination Agreement. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency Proceeding. All references in this Agreement to the Borrower shall include the Borrower as a debtor-in-possession and any receiver or trustee for the Borrower in any Insolvency Proceeding.
Appears in 3 contracts
Samples: Intercreditor and Subordination Agreement (AG Mortgage Investment Trust, Inc.), Intercreditor and Subordination Agreement (AG Mortgage Investment Trust, Inc.), Intercreditor and Subordination Agreement (AG Mortgage Investment Trust, Inc.)
Subordination Agreement. This Agreement, which the The parties hereto expressly to this Agreement acknowledge that this Agreement is a “subordination agreement” under Section section 510(a) of the Bankruptcy Code, shall which will be effective before, during and after the commencement of an any Insolvency or Liquidation Proceeding. All references in this Agreement to the Borrower shall any Grantor will include the Borrower such Person as a debtor-in-possession and any receiver or trustee for the Borrower such Person, if appointed, in any an Insolvency or Liquidation Proceeding.
Appears in 3 contracts
Samples: Intercreditor Agreement (Alion Science & Technology Corp), First Lien Credit and Guaranty Agreement (Alion Science & Technology Corp), Intercreditor Agreement (Alion - BMH CORP)
Subordination Agreement. This Agreement, which the The parties hereto expressly acknowledge that this Agreement is intended to constitute a “subordination agreement” under within the scope of Section 510(a) of the Bankruptcy Code, shall which will be effective before, during and after the commencement of an Insolvency or Liquidation Proceeding. All references in this Agreement to the Borrower shall any Grantor will include the Borrower such Person as a debtor-in-possession and any receiver or trustee for the Borrower such Person in any an Insolvency or Liquidation Proceeding.
Appears in 3 contracts
Samples: Joinder Agreement (Fusion Connect, Inc.), Intercreditor Agreement (Fusion Connect, Inc.), Super Senior Intercreditor Agreement (Fusion Connect, Inc.)
Subordination Agreement. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an Insolvency Proceeding. All references in this Agreement to the Borrower shall include the Borrower as a debtor-in-possession and any receiver or trustee for the Borrower in any Insolvency ProceedingProceeding other than the Trustee.
Appears in 1 contract
Samples: Intercreditor Agreement
Subordination Agreement. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under Section 510(a) of the Bankruptcy Code, shall be effective before, during and after the commencement of an any Insolvency Proceeding. All references in this Agreement to the Borrower Endologix or any Grantor shall include the Borrower Endologix or such Grantor as a debtor-in-possession and any receiver or trustee for the Borrower Endologix or such Grantor in any Insolvency Proceeding.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (Endologix Inc /De/)
Subordination Agreement. This Agreement, which the parties hereto expressly acknowledge is a “subordination agreement” under Section 510(a) of the ofthe Bankruptcy Code, shall be effective before, during during, and after the commencement of an Insolvency Proceeding. All references in this Agreement to the Borrower shall include the Borrower as a debtor-in-in- possession and any receiver or trustee for the Borrower in any Insolvency Proceeding.
Appears in 1 contract
Subordination Agreement. This Agreement, which the parties hereto expressly acknowledge is a “"subordination agreement” " under Section 510(a) of the Bankruptcy Code, shall be effective before, during during, and after the commencement of an Insolvency Proceeding. All references in this Agreement to the Borrower shall include the Borrower as a debtor-in-possession and any receiver or trustee for the Borrower in any Insolvency Proceeding.
Appears in 1 contract
Samples: Intercreditor Agreement