Subordination May. Not Be Impaired by the Maker. No right of any holder of any Senior Indebtedness to enforce the subordination of this Subordinated Note shall be impaired by any failure to act by the Company or such holder of Senior Indebtedness or by the failure of the Company or such holder to comply with this Subordinated Note. The provisions of this Annex B shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Senior Indebtedness is rescinded or must otherwise be returned by any holder of Senior Indebtedness as a result of the insolvency, bankruptcy or reorganization of the Company or otherwise, all as though such payment had not been made.
Appears in 2 contracts
Samples: Subscription Agreement (Transbotics Corp), Subscription Agreement (Transbotics Corp)
Subordination May. Not Be Impaired by the MakerBorrower. No right of any holder of any Senior Indebtedness to enforce the subordination of the Indebtedness evidenced by this Subordinated Note shall be impaired by any failure to act by the Company Borrower or such holder of Senior Indebtedness or by the failure of the Company Borrower or such holder to comply with this Subordinated Note. The provisions of this Annex B Section 7 shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Senior Indebtedness is rescinded or must otherwise be returned by any holder of Senior Indebtedness as a result of the insolvency, bankruptcy or reorganization of the Company Borrower or any of its Subsidiaries or otherwise, all as though such payment had not been made.
Appears in 2 contracts
Samples: Note (Fulcrum Direct Inc), Note (Fulcrum Direct Inc)
Subordination May. Not Be Impaired by the Maker. No right of any holder of any Senior Indebtedness to enforce the subordination of this Subordinated Note shall be impaired by any failure to act by the Company or such holder of Senior Indebtedness or by the failure of the Company or such holder to comply with this Subordinated Note. The provisions of this Annex B A shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Senior Indebtedness is rescinded or must otherwise be returned by any holder of Senior Indebtedness as a result of the insolvency, bankruptcy or reorganization of the Company or otherwise, all as though such payment had not been made.
Appears in 1 contract
Samples: Subordinated Note (Transbotics Corp)