Subordination Legend; Further Assurances. The Subordinated Creditors and the Obligors will cause each note and instrument (if any) evidencing the Intercompany Subordinated Debt to be endorsed with the following legend: “The indebtedness evidenced by this instrument is subordinated to the prior payment in full (as defined in the Intercompany Subordination Agreement, dated as of August 28, 2015 (the “Intercompany Subordination Agreement”)) of the Senior Indebtedness as defined in, pursuant to, and, to the extent provided in, the Intercompany Subordination Agreement by the maker hereof and payee named herein in favor of Perceptive Credit Opportunities Fund, LP.” Each of the Obligors and the Subordinated Creditors hereby agrees to xxxx its books of account in such a manner as shall be effective to give proper notice of the effect of this Subordination Agreement and will, in the case of any Intercompany Subordinated Debt not evidenced by any note or instrument, following the occurrence and continuation of a Default set forth in Section 11.01(h)—(j) of the Credit Agreement or any Event of Default, upon Majority Lenders’ request, cause such Intercompany Subordinated Debt to be evidenced by an appropriate note or instrument or instruments endorsed with the above legend. Each of the Subordinated Creditors and the Obligors will at its expense and at any time and from time to time promptly execute and deliver all further instruments and documents and take all further action that may be necessary or that Majority Lenders may reasonably request to protect any right or interest granted or to enable the Collateral Representative to exercise and enforce its rights and remedies hereunder.
Subordination Legend; Further Assurances. Guarantor will cause each note and instrument (if any) evidencing the Subordinated Obligations to be endorsed with the following legend: "The indebtedness evidenced by this instrument is subordinated to the prior payment in full in cash of the Senior Obligations (as defined in the Reimbursement Agreement, dated as of July ___, 1999) pursuant to, and to the extent provided in, the Reimbursement Agreement by the maker hereof and payee named herein in favor of the holders of such Senior Obligations and any person now or hereafter designated as their agent." Each of Guarantor and Company hereby agrees to xxxx its 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 Obligation not evidenced by any note or instrument, following the occurrence and continuation of a Default, or Designated Event, upon the Agent's request, cause such Subordinated Obligation to be evidenced by an appropriate note or instrument or instruments endorsed with the above legend. Each of Guarantor and Company will at its expense and at any time and from time to time promptly execute and deliver all further instruments and documents and take all further action that may be necessary or that the Agent may reasonably request to protect any right or interest granted or purported to be granted hereunder or to enable holders of Senior Obligations or the Agent to exercise and enforce their rights and remedies hereunder.
Subordination Legend; Further Assurances. The ---------------------------------------- Subordinated Creditors and the Borrower will cause each instrument evidencing Subordinated Debt to be endorsed with the following legend: "THE DEBT EVIDENCED BY THIS INSTRUMENT IS SUBORDINATED TO THE PRIOR PAYMENT IN FULL IN CASH OF ALL OF THE SENIOR OBLIGATIONS (AS DEFINED IN THE SUBORDINATION AGREEMENT HEREINAFTER REFERRED TO) PURSUANT TO, AND TO THE EXTENT PROVIDED IN, THE SUBORDINATION AGREEMENT DATED APRIL 24, 1998 BY THE MAKER HEREOF AND PAYEE NAMED HEREIN IN FAVOR OF THE SENIOR REPRESENTATIVE AND THE OTHER SENIOR CREDITORS REFERRED TO THEREIN." The Subordinated Creditors and the Borrower each will further xxxx its 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 Representative's request, promptly cause such Subordinated Debt to be evidenced by an appropriate instrument or instruments endorsed with the legend set forth above. The Subordinated Creditors and the Borrower each will, at its expense and at any time and from time to time, promptly execute and deliver all further instruments and documents, and take all further action, that may be necessary or desirable, or that the Senior Representative may request, in order to protect any right or interest granted or purported to be granted under this Agreement or to enable the Senior Representative or any of the other Senior Creditors to exercise and enforce its rights and remedies hereunder.
Subordination Legend; Further Assurances. The Borrower and Standby Creditor each agree to execute and deliver to the Lender such further instruments, documents and agreements and agree to take such further action as the Lender may at any time or times reasonably request in order to carry out the provisions and intent of this Agreement. The Standby Creditor and the Borrower will each mark its respective books of account in such a manner as shall be effective to give proper notice of the effect of this Agreement.
Subordination Legend; Further Assurances. Subordinated Creditor and Debtor 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 Subordination Agreement. At the request of the Senior Creditors, Subordinated Creditor will, in the case of any part of the Subordinated Debt which is not evidenced by an instrument or document, cause such Subordinated Debt to be evidenced by an appropriate instrument or instruments endorsed with a legend referencing this Subordination Agreement. If so requested by the Senior Creditors, all instruments evidencing the Subordinated Debt shall be promptly delivered to and held by or on behalf of the Senior Creditors and shall be in suitable form for transfer by delivery. Subordinated Creditor and Debtor will, at its expense and at any time and from time to time, promptly execute and deliver all further instruments and documents, and take all further action, that may be necessary, or that Senior Creditors may request, in order to protect any right or interest granted or purported to be granted hereby or to enable the Senior Creditors to exercise and enforce its rights and remedies hereunder.
Subordination Legend; Further Assurances. The Subordinated Creditors and the Obligors will cause each note and instrument (if any) evidencing the Intercompany Subordinated Debt to be endorsed with the following legend: “The indebtedness evidenced by this instrument is subordinated to the prior payment in full (as defined in the Intercompany Subordination Agreement, dated as of November 9, 2015 (the “Intercompany Subordination Agreement”)) of the Senior Indebtedness as defined in, pursuant to, and to the extent provided in, the Intercompany Subordination Agreement by the maker hereof and payee named herein.” Each of the Obligors and the Subordinated Creditors hereby agrees to xxxx its books of account in such a manner as shall be effective to give proper notice of the effect of this Subordination Agreement. Each of the Subordinated Creditors and the Obligors will at its expense and at any time and from time to time promptly execute and deliver all further instruments and documents and take all further action that may be necessary or that the Trustee on behalf of holders of the Senior Indebtedness may reasonably request to protect any right or interest granted hereunder.
Subordination Legend; Further Assurances. The Subordinated Creditor and MERI will cause the Assignment and each other instrument evidencing 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 Obliga- tions (as defined in the Subordination Agreement here- inafter referred to) pursuant to, and to the extent pro- vided in, the Subordination Agreement dated December 20, 1995 by Midcoast Energy Resources, Inc. and Rainbow Investments Company in favor of Compass Bank-Houston. The Subordinated Creditor and MERI each will further mark its books of account xx xuch a manner as shall be effective to give proper notice of the effect of this Subordination Agreement and will, in the case of any Subordinated Debt which is not evidenced by any instrument, upon the Lender's request cause such Subordinated Debt to be evidenced by an appropriate instrument or instruments endorsed with the above legend. The Subordinated Creditor and MERI each will, at its expense and at any time and from time to time, promptly execute and deliver all further instruments and documents, and take all further action, that may be necessary or desirable, or that the Lender may request, in order to protect any right or interest granted or purported to be granted hereby or to enable the Lender to exercise and enforce its rights and remedies hereunder.
Subordination Legend; Further Assurances. Argyle will cause the Subordinated Notes and each other instrument now or hereafter held by it or him evidencing the Subordinated Secured Obligations to be endorsed with the following legend: "The indebtedness evidenced by this instrument is subordinated to the prior payment in full of certain Senior Secured Obligations (as defined in the Intercreditor Agreement hereinafter referred to) pursuant to, and to the extent provided in, that certain Intercreditor Agreement dated November ___, 1998, by and among SPATIALIGHT, INC., a New York corporation (the "Borrower"), ARGYLE CAPITAL MANAGEMENT CORPORATION, a Delaware corporation, and the Senior Lenders (as defined therein). This instrument may not be offered, sold or otherwise transferred until the purchaser, assignee or transferee has become a party to and bound by such Intercreditor Agreement." Argyle will further mark xxx books of account in such a manner as shall be effective to give proper notice of the effect of this Intercreditor Agreement.
Subordination Legend; Further Assurances. A. LRA-NE and the Subordinate Creditor 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 4, 1997, by the maker hereof and payee named herein in favor of Texas Commerce Bank National Association referred to in such Subordination Agreement."
Subordination Legend; Further Assurances. The Trustee ---------------------------------------- acknowledges that the Indenture provides and the Parent Company Borrower agrees that it will cause each instrument evidencing 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 Obligations (as defined in the Subordination Agreement hereinafter referred to) pursuant to, and to the extent provided in, the Second Amended and Restated the Subordination Agreement dated as of February 13, 1997 by and between Xxxxxx Trust and Savings Bank, as trustee, and CCA Holdings Corp., a Delaware corporation, in favor of Toronto Dominion (Texas), Inc., The Chase Manhattan Bank (formerly Chemical Bank), CIBC Inc., Credit Lyonnais Cayman Island Branch, NationsBank, N.A., Banque Paribas, Union Bank of California, N.A. (formerly Union Bank), CoreStates Bank, N.A., The Long-Term Credit Bank of Japan, Ltd., Mercantile Bank of St. Louis National Association, Fleet Bank, N.A., First National Bank of Maryland, Xxx Xxxxxx American Capital Prime Rate Income Trust, Banque Francaise du Commerce Exterieur, Prime Income Trust, Senior Debt Portfolio, Aeries Finance Ltd., ING Capital Advisors, Inc., ABN AMRO Bank N.V., Societe Generale, The First National Bank of Boston, Captiva Finance, Ltd., Banque Nationale de Paris, The Sumitomo Bank, Limited, Chicago Branch, Chase Securities, Inc. and The ING Capital Senior Secured High Income Fund, L.P. (collectively, and together with their respective successors and assigns, the "Lenders"), Toronto Dominion (Texas), Inc. and The Chase Manhattan Bank (formerly Chemical Bank), as Documentation Agents, Toronto Dominion (Texas), Inc., The Chase Manhattan Bank (formerly Chemical Bank), CIBC Inc., Credit Lyonnais Cayman Island Branch, and NationsBank, N.A., as Managing Agents, Banque Paribas, Union Bank of California, N.A. (formerly Union Bank), CoreStates Bank, N.A., Fleet Bank, N.A., ABN AMRO Bank N.V., Societe Generale and The First National Bank of Boston, as Co- Agents, and Toronto Dominion (Texas), Inc., as Administrative Agent, and their respective successors and assigns." The Parent Company Borrower will further xxxx, and cause each of its Subsidiaries to xxxx, its 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 Administrative Agent'...
