Common use of Subordination of Rights Clause in Contracts

Subordination of Rights. The Depositary Institution hereby agrees to ----------------------- subordinate any Lien, encumbrance, claim or right of set-off or recoupment (whether statutory or consensual) it may have, now or in the future, with respect to any Deposit Account (or any funds deposited in any Deposit Account) to the Lien created in favor of the Priority Collateral Agent for the benefit of the Secured Parties pursuant to the Priority Security Agreement; provided, however, that the Depositary Institution does not waive or subordinate its rights to set-off or recoupment with respect to routine deposit account maintenance, wire transfer and other deposit account activity charges and fees and for the reversal of provisional credits. The Depositary Institution further agrees that, with respect to any Lien, claim or right of set-off or recoupment (whether statutory or consensual) that is subordinated pursuant to this Section 4, the Depositary Institution will not prosecute collection or seek to enforce or resort to any remedies against the Borrower or any Subsidiary Grantor prior to the termination of this Control Agreement.

Subordination of Rights. The Depositary Institution hereby agrees to ----------------------- subordinate any Lien, encumbrance, claim or right of set-off or recoupment (whether statutory or consensual) it may have, now or in the future, with respect to any Deposit Account (or any funds deposited in any Deposit Account) to the any Lien created in favor of the Priority General Collateral Agent or the Designated Collateral Subagent, for the benefit of the Secured Parties Parties, pursuant to the Priority General Security Agreement; provided, however, that the Depositary Institution does not waive or subordinate its rights to set-off or recoupment with respect to routine deposit account maintenance, wire transfer and other deposit account activity charges and fees and for the reversal of provisional credits. The Depositary Institution further agrees that, with respect to any Lien, claim or right of set-off or recoupment (whether statutory or consensual) that is subordinated pursuant to this Section 4, the Depositary Institution will not --------- prosecute collection or seek to enforce or resort to any remedies against the Borrower or any Subsidiary Grantor prior to the termination of this Control Agreement.

Subordination of Rights. The Depositary Institution hereby agrees to ----------------------- subordinate any Lien, encumbrance, claim or right of set-off or recoupment (whether statutory or consensual) it may have, now or in the future, with respect to any Deposit Account (or any funds deposited in any Deposit Account) to the any Lien created in favor of the Priority General Collateral Agent or the Designated Collateral Subagent, for the benefit of the Secured Parties Parties, pursuant to the Priority General Security Agreement; provided, however, that the Depositary Institution does not waive or subordinate its rights to set-off or recoupment with respect to routine deposit account maintenance, wire transfer and other deposit account activity charges and fees and for the reversal of provisional credits. The Depositary Institution further agrees that, with respect to any Lien, claim or right of set-off or recoupment (whether statutory or consensual) that is subordinated pursuant to this Section 4, the Depositary Institution will not --------- prosecute collection or seek to enforce or resort to any remedies against the Borrower or any Subsidiary Grantor prior to the termination of this Control Agreement.

Subordination of Rights. The Depositary Institution hereby agrees to ----------------------- subordinate any Lien, encumbrance, claim or right of set-off or recoupment (whether statutory or consensual) it may have, now or in the future, with respect to any Deposit Account (or any funds deposited in any Deposit Account) to the Lien created in favor of the Priority Collateral Agent for the benefit of the Secured Parties pursuant to the Priority Security Agreement; provided, however, that the Depositary Institution does not waive or subordinate its rights to set-off or recoupment with respect to routine deposit account maintenance, wire transfer and other deposit account activity charges and fees and for the reversal of provisional credits. The Depositary Institution further agrees that, with respect to any Lien, claim or right of set-off or recoupment (whether statutory or consensual) that is subordinated pursuant to this Section ------- 4, the Depositary Institution will not prosecute collection or seek to enforce - or resort to any remedies against the Borrower or any Subsidiary Grantor prior to the termination of this Control Agreement.