Common use of Subordination of Inside Debt Clause in Contracts

Subordination of Inside Debt. All present and future indebtedness of Borrower to its officers, directors and shareholders (“Inside Debt”) shall, at all times, be subordinated to the Lien of PFG in respect of and prior payment of Obligations. Borrower represents and warrants that there is no Inside Debt presently outstanding, except as set forth in Exhibit A. Prior to incurring any Inside Debt in the future, Borrower shall cause the person to whom such Inside Debt will be owed to execute and deliver to PFG a subordination agreement on PFG’s standard form.

Appears in 7 contracts

Samples: Loan and Security Agreement (Borqs Technologies, Inc.), Loan and Security Agreement (Borqs Technologies, Inc.), Loan and Security Agreement (Borqs Technologies, Inc.)

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Subordination of Inside Debt. All present and future indebtedness of Borrower to its officers, directors and shareholders (“Inside Debt”) shall, at all times, be subordinated to the Lien of PFG in respect of and prior payment of ObligationsObligations pursuant to a subordination agreement on PFG’s standard form. Borrower represents and warrants that there is no Inside Debt presently outstanding, except as set forth in Exhibit A. . Prior to incurring any Inside Debt in the future, Borrower shall cause the person to whom such Inside Debt will be owed to execute and deliver to PFG a subordination agreement on PFG’s standard form.

Appears in 4 contracts

Samples: Loan and Security Agreement (Cardiovascular Systems Inc), Revolving Loan and Security Agreement (Sonic Foundry Inc), Loan and Security Agreement (Sonic Foundry Inc)

Subordination of Inside Debt. All present and future indebtedness of Borrower to its officers, directors and shareholders (“Inside Debt”) shall, at all times, be subordinated to the Lien of PFG in respect of and prior payment of ObligationsObligations pursuant to a subordination agreement on PFG’s standard form. Borrower represents and warrants that there is no Inside Debt presently outstanding, except as set forth in Exhibit A. Prior to incurring any Inside Debt in the future, Borrower shall cause the person to whom such Inside Debt will be owed to execute and deliver to PFG a subordination agreement on PFG’s standard form.

Appears in 3 contracts

Samples: Loan and Security Agreement (EdgeWave, Inc.), Loan and Security Agreement (Comverge, Inc.), Loan and Security Agreement (Composite Technology Corp)

Subordination of Inside Debt. All present and future indebtedness of Borrower each Obligor to its officers, directors and shareholders (“Inside Debt”) shall, at all times, be subordinated to the Lien of PFG in respect of and prior payment of ObligationsObligations pursuant to a subordination agreement on PFG’s standard form. Borrower Each Obligor represents and warrants that there is no Inside Debt presently outstandingoutstanding in respect of itself as of the Effective Date, except as set forth in Exhibit A. Prior to incurring any Inside Debt in the future, Borrower each Obligor shall cause the person to whom proposed holder of such Inside Debt will be owed to execute and deliver to PFG a subordination agreement on in PFG’s standard form.

Appears in 2 contracts

Samples: Loan and Security Agreement (Healthcare Corp of America), Loan and Security Agreement (Selway Capital Acquisition Corp.)

Subordination of Inside Debt. All present and future indebtedness of Borrower to its officers, directors and shareholders (“Inside Debt”) shall, at all times, be subordinated to the Lien of PFG in respect of and prior payment of Obligations. Borrower represents and warrants that except as set forth in the Commission Documents, there is no Inside Debt presently outstanding, except as set forth in Exhibit A. . Prior to incurring any Inside Debt in the future, Borrower shall cause the person to whom such Inside Debt will be owed to execute agree to subordinate such debt, in form and deliver substance reasonably acceptable to PFG a subordination agreement on PFG’s standard form.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Surf Air Mobility Inc.)

Subordination of Inside Debt. All present and future indebtedness of Borrower to its officers, directors and shareholders (“Inside Debt”) shall, at all times, be subordinated to the Lien of PFG in respect of and prior payment of the Obligations. Borrower represents and warrants that there is no Inside Debt presently outstanding, except as set forth in Exhibit A. Prior to incurring any additional Inside Debt in the futureDebt, Borrower shall cause the person Person to whom such Inside Debt will be owed to execute and deliver to PFG a subordination agreement on in PFG’s standard customary form.

Appears in 1 contract

Samples: Loan and Security Agreement (Cancer Genetics, Inc)

Subordination of Inside Debt. All present and future indebtedness of Borrower to its officers, directors and shareholders ("Inside Debt") shall, at all times, be subordinated to the Lien of PFG in respect of and prior payment of Obligations. Borrower represents and warrants that there is no Inside Debt presently outstanding, except as set forth in Exhibit A. Prior to incurring any Inside Debt in the future, Borrower shall cause the person to whom such Inside Debt will be owed to execute and deliver to PFG a subordination agreement on PFG’s 's standard form.

Appears in 1 contract

Samples: Loan and Security Agreement (Activecare, Inc.)

Subordination of Inside Debt. All present and future indebtedness of Borrower to its officers, directors and shareholders ("Inside Debt") shall, at all times, be subordinated to the Lien of PFG in respect of and prior payment of ObligationsObligations pursuant to a subordination agreement on PFG's standard form. Borrower represents and warrants that there is no Inside Debt presently outstanding, except as set forth in Exhibit A. Prior to incurring any Inside Debt in the future, Borrower shall cause the person to whom such Inside Debt will be owed to execute and deliver to PFG a subordination agreement on in PFG’s standard 's customary form.

Appears in 1 contract

Samples: Facility Agreement (CBD Energy LTD)

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Subordination of Inside Debt. All present and future indebtedness Indebtedness of Borrower to its officers, directors and shareholders (“Inside Debt”) shall, at all times, be subordinated to the Lien of PFG in respect of and prior payment of ObligationsObligations pursuant to a subordination agreement on PFG’s standard form. Borrower represents and warrants that there is no Inside Debt presently outstanding, except as set forth specified in Exhibit A. Prior to incurring any Inside Debt in the future, Borrower shall cause the person to whom such Inside Debt will be owed to execute and deliver to PFG a subordination agreement on PFG’s standard form.. (c)

Appears in 1 contract

Samples: Loan and Security Agreement (Irvine Sensors Corp/De/)

Subordination of Inside Debt. All present and future indebtedness of Borrower to its officers, directors and shareholders (“Inside Debt”) shall, at all times, be subordinated to the Lien of PFG in respect of and prior payment of Obligations. Borrower represents and warrants that there is no Inside Debt presently outstanding, except as set forth in Exhibit A. Appendix I hereto. Prior to incurring any Inside Debt in the future, Borrower shall cause the person to whom such Inside Debt will be owed to execute and deliver to PFG a subordination agreement on PFG’s standard form.

Appears in 1 contract

Samples: Loan and Security Agreement (Giga Tronics Inc)

Subordination of Inside Debt. All present and future indebtedness of Borrower to its officers, directors and shareholders shareholders, other than for ordinary course salary and bonus compensation (“Inside Debt”) shall, at all times, be subordinated to the Lien of PFG in respect of and prior payment of ObligationsObligations pursuant to a subordination agreement on PFG’s standard form. Borrower represents and warrants that there is no Inside Debt presently outstanding, except as set forth in Exhibit A. Prior to incurring any Inside Debt in the future, Borrower shall cause the person to whom such Inside Debt will be owed to execute and deliver to PFG a subordination agreement on PFG’s standard form.

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Photonix Inc)

Subordination of Inside Debt. All present and future indebtedness of Borrower to its officers, directors and shareholders (“Inside Debt”) shall, at all times, be subordinated to the Lien of PFG in respect of and prior payment of ObligationsObligations pursuant to a subordination agreement on PFG’s standard form. Borrower represents and warrants that there is no Inside Debt presently outstanding, except as set forth in Exhibit A. A with particularity. Prior to incurring any Inside Debt in the future, Borrower shall cause the person to whom such Inside Debt will be owed to execute and deliver to PFG a subordination agreement on PFG’s standard form.

Appears in 1 contract

Samples: Loan and Security Agreement (Xata Corp /Mn/)

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