Subordination Legend. Each Global Security and Definitive Security shall bear a legend in substantially the following form:
Subordination Legend. Each Loan Document is hereby amended to delete any subordination legend included thereon and replace such legend with the following: The indebtedness evidenced by this instrument is subordinated in right of payment to certain indebtedness to various lenders, for which First Bank is acting as Administrative Agent, and the liens on and security interests in collateral securing this instrument are subordinated in rights of priority to liens on and security interests in collateral securing such indebtedness, in each case pursuant to, and to the extent provided in, the Intercreditor and Subordination Agreement ("Intercreditor Agreement") dated as of April 29, 2016, executed by and between First Bank, as Administrative Agent for the Senior Lenders and Claritas Capital Specialty Debt Fund, L.P, CCSD II, L.P., and Xxxxxxx Mezzanine Partners III, L.P., as lenders and Claritas Capital Specialty Debt Fund, L.P. as Collateral Agent, as such Intercreditor Agreement may be amended, modified or supplemented from time to time. Payments may be made under this instrument only to the extent expressly permitted under such Intercreditor Agreement. In case of a conflict between the terms of this note and the Intercreditor Agreement, the terms of the Intercreditor Agreement shall govern. This legend shall be placed on any note or other instrument given at any time in substitution for or replacement hereof.
Subordination Legend. The Subordinated Party and the Borrower shall cause any instrument or note evidencing the Subordinated Debt to be endorsed with the following legend: “The indebtedness evidenced by this instrument is subordinated to the prior payment in full of the Senior Debt (as defined in the Subordination Agreement hereinafter referred to) pursuant to, and to the extent provided in, the Subordination Agreement dated as of ______________ __, 2011, by and among the maker hereof, and ______________.” The Subordinated Party and the Borrower shall each further xxxx its books of account in such manner as shall be effective to give proper notice of the effect of this Agreement.
Subordination Legend. Further Assurances. ----------------------------------------
A. LRA-NE and the Subordinate Creditors will cause each instrument evidencing Subordinated Debt to be endorsed with the following legend: "The indebtedness evidenced by this instrument is subordinated to the Senior Debt (as defined in the Subordination Agreement below referred to) pursuant to, and to the extent provided in, the Subordination Agreement dated effective as of September 17, 1997, by the maker hereof and payee named herein in favor of Texas Commerce Bank National Association referred to in such Subordination Agreement."
B. The Borrowers and the Subordinate Creditors each will further xxxx their respective books of account in such a manner as shall be effective to give proper notice of the effect of this Agreement and will, in the case of any Subordinated Debt which is not evidenced by any instrument, upon the Senior Creditor's reasonable request, cause such Subordinated Debt to be evidenced by an appropriate instrument or instruments endorsed with the above legend. The Borrowers and the Subordinate Creditors each will, at their respective expense and at any time and, from time to time, promptly execute and deliver all further instruments and documents, and take all further actions that may be necessary or desirable, or that the Senior Creditor may reasonably request, in order to protect any right or interest granted or purported to be granted hereby or to enable the Senior Creditor to exercise and enforce the Senior Creditor's rights and remedies hereunder.
Subordination Legend. The Debenture and Warrant Purchase Agreement shall be amended by adding the following legend to the beginning of such agreement: THIS DEBENTURE AND WARRANT PURCHASE AGREEMENT AND THE RIGHTS AND OBLIGATIONS EVIDENCED HEREBY ARE SUBORDINATED IN THE MANNER AND TO THE EXTENT SET FORTH IN THE SUBORDINATION AGREEMENT (DEFINED BELOW). BY ITS ACCEPTANCE HEREOF, INVESTOR (AND ANY ASSIGNEE OF THIS DEBENTURE AND WARRANT PURCHASE AGREEMENT PERMITTED BY THE TERMS OF THE SUBORDINATION AGREEMENT) IRREVOCABLY AGREES TO BE BOUND BY THE PROVISIONS OF THE SUBORDINATION AGREEMENT.
Subordination Legend. The Subordinated Lender and the Borrower shall cause each instrument or agreement that at any time evidences or secures all or any portion of the Subordinated Debt, including the Subordinated Note, to be conspicuously marked as follows: "This instrument/agreement is subject to the terms of a Subordination Agreement dated as of June __, 2002 in favor of LaSalle Business Credit, Inc., which Subordination Agreement is incorporated herein by reference. Notwithstanding any contrary statement contained herein, no payment on account of the principal, interest or other obligations arising hereunder, and no rights granted herein, shall become due or be paid or exercised except in accordance with the terms of such Subordination Agreement."
Subordination Legend. Such Symphony Fund understands that the Notes will bear a legend substantially in the following form: "THE TERMS OF THIS NOTE ARE SUBJECT TO THAT CERTAIN SUBORDINATION AGREEMENT DATED AS OF JANUARY 30, 2003, AMONG SILICON VALLEY BANK, THE CREDITORS NAMED THEREIN AND U.S. BANK NATIONAL ASSOCIATION, AS COLLATERAL AGENT AND FISCAL AGENT."
Subordination Legend. Such Purchaser understands that the Notes will bear a legend substantially in the following form: "THE TERMS OF THIS NOTE ARE SUBJECT TO THAT CERTAIN INTERCREDITOR AGREEMENT, DATED AS OF JUNE 18, 2004, BY AND AMONG iBASIS, INC., THE SUBSIDIARY GUARANTORS NAMED THEREIN, SILICON VALLEY BANK AND THE BANK OF NEW YORK, AS AGENT"
Subordination Legend. The Borrower Security Agreement shall be amended by adding the following legend to the beginning of such agreement: THIS SECURITY AGREEMENT AND THE RIGHTS AND OBLIGATIONS EVIDENCED HEREBY ARE SUBORDINATED IN THE MANNER AND TO THE EXTENT SET FORTH IN THE SUBORDINATION AGREEMENT (AS DEFINED IN THE “DEBENTURE AND WARRANT PURCHASE AGREEMENT” REFERENCED HEREIN). BY ITS ACCEPTANCE HEREOF, SECURED PARTY (AND ANY ASSIGNEE OF THIS SECURITY AGREEMENT PERMITTED BY THE TERMS OF THE SUBORDINATION AGREEMENT) IRREVOCABLY AGREES TO BE BOUND BY THE PROVISIONS OF THE SUBORDINATION AGREEMENT.
Subordination Legend. The Subsidiary Guaranty shall be amended by adding the following legend to the beginning of such agreement: THIS GUARANTY AND THE RIGHTS AND OBLIGATIONS EVIDENCED HEREBY ARE SUBORDINATED IN THE MANNER AND TO THE EXTENT SET FORTH IN THE SUBORDINATION AGREEMENT (AS DEFINED IN THE “DEBENTURE AND WARRANT PURCHASE AGREEMENT” REFERENCED HEREIN). BY ITS ACCEPTANCE HEREOF, LENDER (AND ANY ASSIGNEE OF THIS GUARANTY PERMITTED BY THE TERMS OF THE SUBORDINATION AGREEMENT) IRREVOCABLY AGREES TO BE BOUND BY THE PROVISIONS OF THE SUBORDINATION AGREEMENT.
