Subordination and Intercreditor Agreement. Reference is made to the Subordination and Intercreditor Agreement, dated as of December 17, 2008 (as amended, restated, supplemented or otherwise modified from time to time, the “Subordination and Intercreditor Agreement”), among Union Bank of California, N.A., as Senior Agent, and UnionBanCal Equities, Inc., as Subordinated Agent, and certain other persons, party or that may become party thereto from time to time. Notwithstanding anything herein to the contrary, this Pledge Agreement, the Liens granted to the Administrative Agent pursuant to this Pledge Agreement and the exercise of any right or remedy by the Administrative Agent or any of the Lenders hereunder are subject to the provisions of the Subordination and Intercreditor Agreement. In the event of any conflict between the terms of the Subordination and Intercreditor Agreement and this Pledge Agreement, the terms of the Subordination and Intercreditor Agreement shall govern and control.
Subordination and Intercreditor Agreement. The Subordination and Intercreditor Agreement shall be on terms and conditions acceptable to the Administrative Agent and the Lenders in accordance with the terms hereof, and the Administrative Agent shall have received a copy of the resolutions of Interpool approving the transactions contemplated by such Subordination and Intercreditor Agreement. The Administrative Agent shall have received a duly executed copy, certified by an authorized officer of the Borrower as true, correct and complete and in full force and effect as of the Closing Date, of such Subordination and Intercreditor Agreement.
Subordination and Intercreditor Agreement. Simultaneously herewith, GSSIF Senior Lender, NT Senior Lender and Subordinate Lender are executing a subordination and intercreditor agreement (“Subordination and Intercreditor Agreement”) prescribed by GSSIF Senior Lender pursuant to which: (a) Subordinate Lender fully subordinates its rights, claims and liens in respect of the Subordinate Loan to the rights, claims and liens of GSSIF Senior Lender in respect of the GSSIF Senior Loan; (b) Subordinate Lender appoints GSSIF Senior Lender as the collateral agent under the Deposit Account Control Agreement with full authority to exercise any and all remedies thereunder or to decline to do so for any reason and (c) Subordinate Lender agrees that any collections by or for the accounts of Borrower of any Pay-for-Success Payments that are available in the Designated Accounts for application to the debt service obligations of Borrower to GSSIF Senior Lender, NT Senior Lender or Subordinate Lender will be applied, and GSSIF Senior Lender will be authorized to cause such amounts to be applied, strictly in the order and priority set forth in Exhibit A. Senior Lender Intercreditor Agreement. Simultaneously herewith, GSSIF Senior Lender and NT Senior Lender are executing a Senior Lender Intercreditor Agreement (as defined below) prescribed by GSSIF Senior Lender pursuant to which: (a) NT Senior Lender appoints GSSIF Senior Lender as the collateral agent under the Deposit Account Control Agreement with full authority to exercise any and all remedies thereunder or to decline to do so for any reason and
Subordination and Intercreditor Agreement. That certain Subordination and Intercreditor Agreement, dated as of the Closing Date, among the Administrative Agent, Interpool and the Borrower and in form and substance satisfactory to the Lenders and the Administrative Agent and as the same may be amended, restated, supplemented and in effect from time to time.
Subordination and Intercreditor Agreement. Reference is made to the Subordination and Intercreditor Agreement dated of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the “Subordination and Intercreditor Agreement”), among Union Bank of California, N.A., as Senior Agent, and UnionBanCal Equities, Inc., as Subordinated Agent, and certain other persons, party or that may become party thereto from time to time. Notwithstanding anything herein to the contrary, this Guaranty, the obligations of the Guarantors hereunder and the rights and remedies of the Beneficiaries hereunder are subject to the provisions of the Subordination and Intercreditor Agreement. In the event of any conflict between the terms of the Subordination and Intercreditor Agreement and this Guaranty, the terms of the Subordination and Intercreditor Agreement shall govern and control.
Subordination and Intercreditor Agreement. Each of the Loan Parties hereby acknowledges that it is familiar with the terms of such Subordination and Intercreditor Agreement, and agrees to make payments in accordance with, and otherwise be bound by, the terms thereof as though such Guarantor were a direct signatory thereto.
Subordination and Intercreditor Agreement. The Agent is hereby irrevocably authorized by each of the Purchasers on their own behalf to execute and deliver the Subordination Agreement on the Closing Date, and to take such action and exercise such powers under the Subordination Agreement as the Agent considers appropriate. Each Lender acknowledges that it has read, and accepts, the Subordination Agreement and will be bound by the terms and conditions thereof.
Subordination and Intercreditor Agreement. Notwithstanding anything herein to the contrary, all liens and security interests granted to the Subordinated Lien Agent pursuant to or contemplated by this Agreement, the obligations under this Agreement and the exercise of any right or remedy by the Subordinated Lien Agent hereunder are subject to the provisions of the Subordination and Intercreditor Agreement, dated as of June 16, 2005 (as amended, restated, supplemented or otherwise modified from time to time, the "Subordination and Intercreditor Agreement"), among Citicorp North America, Inc., as Senior Collateral Agent, The Boeing Company, as Subordinated Lien Agent and certain other persons party or that may become party thereto from time to time and the obligations hereunder and the liens and security interests granted or contemplated hereby are subordinated to the extent set forth in the Subordination and Intercreditor Agreement. In the event of any conflict between the terms of the Subordination and Intercreditor Agreement and this Agreement, the terms of the Subordination and Intercreditor Agreement shall govern and control. [_________________________________], as Grantor By: ------------------------------------ Name: ---------------------------------- Title: --------------------------------- CITICORP NORTH AMERICA, INC., as Senior Collateral Agent By: ------------------------------------ Name: ---------------------------------- Title: --------------------------------- By: ------------------------------------ Name: ---------------------------------- Title: --------------------------------- THE BOEING COMPANY, as Subordinated Lien Agent By: ------------------------------------ Name: ---------------------------------- Title: --------------------------------- [_________________________________], as Securities Intermediary By: ------------------------------------ Name: ---------------------------------- Title: --------------------------------- SCHEDULE I Designated Account(s) EXHIBIT A [Name of Financial Institution] [Address] Re: Notice of Termination of Obligations Ladies and Gentlemen: You are hereby notified that the Obligations have been terminated and the Discharge of Senior Obligations has occurred. Capitalized terms used but not defined herein shall have the meanings set forth in the Control Agreement Concerning Securities Accounts, dated as of [______________], 2005, among the Grantor, the Collateral Agents and the Securities Intermediary. Sincerely, CITICORP NORTH AMERICA, INC., as Senior ...
Subordination and Intercreditor Agreement. This Subordination and Intercreditor Agreement (this“Agreement” or this “Subordination Agreement”), is made this 31st day of March, 2008, by and among: THE CENTER FOR WOUND HEALING, INC., a Nevada corporation, having an office at 100 Xxxxx Xxxxxx Xxxx, Xxxxx 000, Xxxxxxxxx, Xxx Xxxx 00000 (the “Parent”) and the entities set forth on Exhibit A hereto (referred to individually and collectively as the “Borrower”). The Parent and the Borrower are referred to individually and collectively as the “Company”; SIGNATURE BANK, having an office at 1000 Xxxxxxxx Xxxxxx, Xxxxxx Xxxx, XX 00000 (hereinafter referred to as “Signature”); and BISON CAPITAL EQUITY PARTNERS II-A, L.P., a Delaware limited partnership, and BISON CAPITAL EQUITY PARTNERS II-B, L.P., a Delaware limited partnership, having an office at 10000 Xxxxxxxx Xxxx., Xxxxx 0000, Xxx Xxxxxxx, Xxxxxxxxxx 00000 (hereinafter, collectively referred to as the “Subordinated Lender”).
Subordination and Intercreditor Agreement. The Administrative Agent is hereby authorized on behalf of the Lenders for the Lenders to enter into the Subordination and Intercreditor Agreement. A copy of such Subordination and Intercreditor Agreement will be made available to each Lender on the Effective Date and thereafter upon request. Each Lender agrees to the terms of such Subordination and Intercreditor Agreement and agrees that the terms thereof shall be binding on such Lender and its successors and assigns, as if it were a party thereto.
