Common use of Subordination of Indebtedness Clause in Contracts

Subordination of Indebtedness. Any indebtedness or other obligation of Borrower now or hereafter held by or owing to Guarantor is hereby subordinated in time and right of payment to all obligations of Borrower to Bank, except as such indebtedness or other obligation is expressly permitted to be paid under the Credit Agreement; and such indebtedness of Borrower to Guarantor is assigned to Bank as security for this Guaranty, and if Bank so requests shall be collected, enforced and received by Guarantor in trust for Bank and to be paid over to Bank on account of the Obligations of Borrower to Bank, but without reducing or affecting in any manner the liability of Guarantor under the other provisions of this Guaranty. Any notes now or hereafter evidencing such indebtedness of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Bank.

Appears in 10 contracts

Samples: Unconditional Guaranty (Global Telecom & Technology, Inc.), Unconditional Guaranty (Global Telecom & Technology, Inc.), Unconditional Guaranty (Global Telecom & Technology, Inc.)

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Subordination of Indebtedness. Any indebtedness or other obligation of Borrower now or hereafter held by or owing to Guarantor is hereby subordinated in time and right of payment to all obligations of Borrower to Bank, except as such indebtedness or other obligation is expressly permitted to be paid under the Credit Loan Agreement; and such indebtedness of Borrower to Guarantor is assigned to Bank as security for this Guaranty, and if Bank so requests shall be collected, enforced and received by Guarantor in trust for Bank and to be paid over to Bank on account of the Obligations of Borrower to Bank, but without reducing or affecting in any manner the liability of Guarantor under the other provisions of this Guaranty. Any notes now or hereafter evidencing such indebtedness of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Bank.

Appears in 7 contracts

Samples: www.sec.gov, Unconditional Guaranty (Real Goods Solar, Inc.), Unconditional Guaranty (Alimera Sciences Inc)

Subordination of Indebtedness. Any indebtedness or other obligation of Borrower now or hereafter held by or owing to Guarantor is hereby subordinated in time and right of payment to all obligations of Borrower to BankAgent and Lender, except as such indebtedness or other obligation is expressly permitted to be paid under the Credit Loan Agreement; and such indebtedness of Borrower to Guarantor is assigned to Bank Agent as security for this Guaranty, and if Bank Agent so requests shall be collected, enforced and received by Guarantor in trust for Bank Agent and Lenders and to be paid over to Bank Agent on account of the Obligations of Borrower to BankSecured Obligations, but without reducing or affecting in any manner the liability of Guarantor under the other provisions of this Guaranty. Any notes now or hereafter evidencing such indebtedness of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to BankAgent.

Appears in 3 contracts

Samples: Unconditional Guaranty (Alimera Sciences Inc), Unconditional Guaranty (Alimera Sciences Inc), Unconditional Guaranty (Alimera Sciences Inc)

Subordination of Indebtedness. Any indebtedness or other obligation of Borrower now or hereafter held by or owing to Guarantor is hereby subordinated in time and right of payment to all obligations of Borrower to Bank, except as such indebtedness or other obligation is expressly permitted to be paid under the Credit AgreementLender; and such indebtedness of Borrower to Guarantor is assigned to Bank Lender as security for this Guaranty, and if Bank Lender so requests shall be collected, enforced and received by Guarantor in trust for Bank Lender and to be paid over to Bank Lender on account of the Obligations of Borrower to BankLender, but without reducing or affecting in any manner the liability of Guarantor under the other provisions of this Guaranty. Any notes now or hereafter evidencing such indebtedness of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to BankLender.

Appears in 3 contracts

Samples: www.sec.gov, Unconditional Guaranty (Alphatec Holdings, Inc.), Unconditional Guaranty (Alphatec Holdings, Inc.)

Subordination of Indebtedness. Any indebtedness or other obligation of Borrower now or hereafter held by or owing to any Guarantor is hereby subordinated in time and right of payment to all obligations Obligations of Borrower to Bank, except as such indebtedness or other obligation is expressly permitted to be paid under the Credit Loan Agreement; and such indebtedness of Borrower to any Guarantor is assigned to Bank as security for this Guaranty, and if Bank so requests shall be collected, enforced and received by such Guarantor in trust for Bank and to be paid over to Bank on account of the Obligations of Borrower to Bank, but without reducing or affecting in any manner the liability of Guarantor Guarantors under the other provisions of this Guaranty. Any notes now or hereafter evidencing such indebtedness of a Borrower to any Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Bank.

Appears in 3 contracts

Samples: Unconditional Guaranty and Security Agreement, Unconditional Guaranty and Security Agreement (Adept Technology Inc), Unconditional Guaranty and Security Agreement (Adept Technology Inc)

Subordination of Indebtedness. Any indebtedness or other obligation of Borrower now or hereafter held by or owing to Guarantor is hereby subordinated in time and right of payment to all obligations of Borrower to BankPurchaser, except as such indebtedness or other obligation is expressly permitted to be paid under the Credit Note Purchase Agreement; and such indebtedness of Borrower to Guarantor is assigned to Bank Purchaser as security for this Guaranty, and if Bank Purchaser so requests shall be collected, enforced and received by Guarantor in trust for Bank Purchaser and to be paid over to Bank Purchaser on account of the Obligations of Borrower to BankPurchaser, but without reducing or affecting in any manner the liability of Guarantor under the other provisions of this Guaranty. Any notes now or hereafter evidencing such indebtedness of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to BankPurchaser.

Appears in 2 contracts

Samples: Unconditional Guaranty (Global Telecom & Technology, Inc.), Unconditional Guaranty (Global Telecom & Technology, Inc.)

Subordination of Indebtedness. Any indebtedness or other obligation of Borrower now or hereafter held by or owing to Guarantor is hereby subordinated in time and right of payment to all obligations of Borrower to BankBank until payment in full of Obligations and termination of the Loan Agreement and this Guaranty, except as such indebtedness or other obligation is expressly permitted to be paid under the Credit Agreement; and such indebtedness of Borrower to Guarantor is assigned to Bank as security for this Guaranty, and if Bank so requests shall be collected, enforced and received by Guarantor in trust for Bank and to be paid over to Bank on account of the Obligations of Borrower to Bank, but without reducing or affecting in any manner the liability of Guarantor under the other provisions of this Guaranty. Any notes now or hereafter evidencing such indebtedness of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Bank.

Appears in 1 contract

Samples: Unconditional Guaranty (Technest Holdings Inc)

Subordination of Indebtedness. Any indebtedness or other obligation of Borrower Borrowers now or hereafter held by or owing to Guarantor is hereby subordinated in time and right of payment to all obligations of Borrower Borrowers to Bank, except as such indebtedness or other obligation is expressly permitted to be paid under the Credit Loan Agreement; and such indebtedness of Borrower Borrowers to Guarantor is assigned to Bank as security for this Guaranty, and if Bank so requests shall be collected, enforced and received by Guarantor in trust for Bank and to be paid over to Bank on account of the Obligations of Borrower Borrowers to Bank, but without reducing or affecting in any manner the liability of Guarantor under the other provisions of this Guaranty. Any notes now or hereafter evidencing such indebtedness of Borrower Borrowers to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Bank.

Appears in 1 contract

Samples: Unconditional Guaranty (Ultra Clean Holdings Inc)

Subordination of Indebtedness. Any indebtedness or other obligation of Borrower Borrowers now or hereafter held by or owing to Guarantor Guarantors is hereby subordinated in time and right of payment to all obligations of Borrower to Bank, except as such indebtedness or other obligation is expressly permitted to be paid under the Credit Agreement; and such indebtedness of Borrower Borrowers to Guarantor Guarantors is assigned to Bank as security for this Guaranty, and if Bank so requests shall be collected, enforced and received by Guarantor Guarantors in trust for Bank and to be paid over to Bank on account of the Obligations of Borrower Borrowers to Bank, but without reducing or affecting in any manner the liability of Guarantor Guarantors under the other provisions of this Guaranty. Any notes now or hereafter evidencing such indebtedness of Borrower Borrowers to Guarantor Guarantors shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to BankGuaranty.

Appears in 1 contract

Samples: Unconditional Guaranty (Global Telecom & Technology, Inc.)

Subordination of Indebtedness. Any indebtedness or other obligation of Borrower now or hereafter held by or owing to Guarantor is hereby subordinated in time to this Guaranty, the Note, the Mortgage and right of payment to all obligations of Borrower to Bank, except as such indebtedness or other obligation is expressly permitted to be paid under the Credit First Modification Agreement; and . Any such indebtedness of Borrower to Guarantor is assigned to Bank Lender as security for this Guaranty and the Note and, if upon an Event of Default under this Guaranty, and if Bank Lender so requests requests, shall be collected, enforced and received by Guarantor in trust as trustee for Bank Lender and to be paid over to Bank Lender on account of the Obligations of Borrower to Bank, amounts due under the Note but without reducing or affecting in any manner the liability of Guarantor under the other provisions of this Guaranty. Any such notes now or hereafter evidencing such indebtedness of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and agreement and, if Lender so requests, shall be delivered to BankLender.

Appears in 1 contract

Samples: Guaranty (Evans & Sutherland Computer Corp)

Subordination of Indebtedness. Any indebtedness or other obligation of Borrower now or hereafter held by or owing to any Guarantor is hereby subordinated in time and right of payment to all obligations of Borrower to Bank, except as such indebtedness or other obligation is expressly permitted to be paid under the Credit Agreement; and such indebtedness of Borrower to such Guarantor is assigned to Bank as security for this Guaranty, and if Bank so requests shall be collected, enforced and received by such Guarantor in trust for Bank and to be paid over to Bank on account of the Obligations of Borrower to Bank, but without reducing or affecting in any manner the liability of any Guarantor under the other provisions of this Guaranty. Any notes now or hereafter evidencing such indebtedness of Borrower to such Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to BankGuaranty.

Appears in 1 contract

Samples: Unconditional Guaranty (Ats Medical Inc)

Subordination of Indebtedness. Any indebtedness or other obligation of Borrower now or hereafter held by or owing to Guarantor is hereby subordinated in time to this Guaranty, the Note, the Mortgage and right of payment to all obligations of Borrower to Bank, except as such indebtedness or other obligation is expressly permitted to be paid under the Credit Security Agreement; and . Any such indebtedness of Borrower to Guarantor is assigned to Bank Lender as security for this Guaranty and the Note and, if upon an Event of Default under this Guaranty, and if Bank Lender so requests requests, shall be collected, enforced and received by Guarantor in trust as trustee for Bank Lender and to be paid over to Bank Lender on account of the Obligations of Borrower to Bank, amounts due under the Note but without reducing or affecting in any manner the liability of Guarantor under the other provisions of this Guaranty. Any such notes now or hereafter evidencing such indebtedness of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and agreement and, if Lender so requests, shall be delivered to BankLender.

Appears in 1 contract

Samples: Guaranty (Evans & Sutherland Computer Corp)

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Subordination of Indebtedness. Any indebtedness or other obligation of Borrower now or hereafter held by or owing to Guarantor is hereby subordinated in time and right of payment to all obligations of Borrower to BankAgent or any Lender, except as such indebtedness or other obligation is expressly permitted to be paid under the Credit Agreement; and such indebtedness of Borrower to Guarantor is assigned to Bank Agent for the benefit of Lenders as security for this Guaranty, and if Bank Agent so requests shall be collected, enforced and received by Guarantor in trust for Bank Agent for the benefit of Lenders and to be paid over to Bank Agent for the benefit of Lenders on account of the Obligations of Borrower to BankAgent and Lenders, but without reducing or affecting in any manner the liability of Guarantor under the other provisions of this Guaranty. Any notes now or hereafter evidencing such indebtedness of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to BankAgent.

Appears in 1 contract

Samples: Unconditional Guaranty (GAIN Capital Holdings, Inc.)

Subordination of Indebtedness. Any indebtedness or other obligation of Borrower now or hereafter held by or owing to Guarantor is hereby subordinated in time and right of payment to all obligations of Borrower to Bank, except as such indebtedness or other obligation is expressly permitted to be paid under the Credit Agreement; and such indebtedness of Borrower to Guarantor is assigned to Bank as security for this Guaranty, and if Bank so requests shall be collected, enforced and received by Guarantor in trust for Bank and to be paid over to Bank on account of the Obligations of Borrower to Bank, but without reducing or affecting in any manner the liability of Guarantor under the other provisions of this Guaranty. , Any notes now or hereafter evidencing such indebtedness of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to BankGuaranty.

Appears in 1 contract

Samples: Guaranty Agreement (GPS Industries, Inc.)

Subordination of Indebtedness. Any indebtedness or other obligation of Borrower now or hereafter held by or owing to Guarantor is hereby subordinated in time and right of payment to all obligations of Borrower to Bank, except as such indebtedness or other obligation is expressly permitted to be paid under the Credit Agreement; and such indebtedness of Borrower to Guarantor is assigned to Bank as security for this Guaranty, and if Bank so requests shall be collected, enforced and received by Guarantor in trust for Bank and to be paid over to Bank on account of the Obligations of Borrower to Bank, but without reducing or affecting in any manner the liability of Guarantor under the other provisions of this Guaranty. Any notes now or hereafter evidencing such indebtedness of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to BankGuaranty.

Appears in 1 contract

Samples: Unconditional Guaranty (Xedar Corp)

Subordination of Indebtedness. Any indebtedness illdebtedness or other obligation of Borrower now or hereafter held by or owing to Guarantor is hereby subordinated suboordinated in time and right of payment to all obligations of Borrower to Bank, except as such indebtedness or other obligation is expressly permitted to be paid under the Credit Agreement; and such indebtedness of Borrower to Guarantor is assigned to Bank as security for this Guaranty, and if Bank so SO requests shall be collected, enforced and received by Guarantor in trust for Bank and to be paid over to Bank on account of the Obligations of Borrower to Bank, but without reducing or affecting in any manner the liability of Guarantor under the other provisions of this Guaranty. Any notes now or hereafter evidencing such indebtedness of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Bank.

Appears in 1 contract

Samples: Unconditional Guaranty (Zynex Medical Holdings Inc)

Subordination of Indebtedness. Any indebtedness or other obligation of Borrower now or hereafter held by or owing to Guarantor is hereby subordinated in time and right of payment to all obligations of Borrower to Bank, except as such indebtedness or other obligation is expressly permitted to be paid under the Credit Loan Agreement; and such indebtedness of Borrower to Guarantor is assigned to Bank as security for this Guaranty, and if Bank so requests shall be collected, enforced and received by Guarantor in trust for Bank and to be paid over to Bank on account of the Obligations of Borrower to Bank, but without reducing or affecting in any manner the liability of Guarantor under the other provisions of this Guaranty. Any notes now or hereafter evidencing such indebtedness of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to BankGuaranty.

Appears in 1 contract

Samples: Unconditional Guaranty (Akebia Therapeutics, Inc.)

Subordination of Indebtedness. Any indebtedness or other obligation of Borrower now or hereafter held by or owing to Guarantor is hereby subordinated in time and right of payment to all obligations of Borrower to Bank, except as such indebtedness or other obligation is expressly permitted to be paid under the Credit Loan Agreement; and such indebtedness of Borrower to Guarantor is assigned to Bank as security for this Guaranty, and if Bank so requests requests, after the occurrence and during the continuance of an Event of Default, shall be collected, enforced and received by Guarantor in trust for Bank and to be paid over to Bank on account of the Obligations of Borrower to Bank, but without reducing or affecting in any manner the liability of Guarantor under the other provisions of this Guaranty. Any At Bank’s request, any notes now or hereafter evidencing such indebtedness of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Bank.

Appears in 1 contract

Samples: Unconditional Guaranty (Oclaro, Inc.)

Subordination of Indebtedness. Any indebtedness or other obligation of Borrower now or hereafter held by or owing to Guarantor is hereby subordinated in time and right of payment to all obligations of Borrower to Bank, except as such indebtedness or other 5 obligation is expressly permitted to be paid under the Credit Loan Agreement; and such indebtedness of Borrower to Guarantor is assigned to Bank as security for this Guaranty, and if Bank so requests shall be collected, enforced and received by Guarantor in trust for Bank and to be paid over to Bank on account of the Obligations of Borrower to Bank, but without reducing or affecting in any manner the liability of Guarantor under the other provisions of this Guaranty. Any notes now or hereafter evidencing such indebtedness of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Bank. Section 13.

Appears in 1 contract

Samples: www.sec.gov

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