Subordination of Subordinated Debt to Senior Debt. Company covenants and agrees, and Subordinated Creditor by its acceptance of the Subordinated Debt Documents (whether upon original issue or upon transfer or assignment) likewise covenants and agrees, notwithstanding anything to the contrary contained in any of the Subordinated Debt Documents, that the payment of any and all of the Subordinated Debt shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the prior Payment in Full of all Senior Debt. Each holder of Senior Debt, whether now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Debt in reliance upon the provisions contained in this Agreement.
Appears in 7 contracts
Samples: Subordination Agreement, Subordination Agreement (Kahn Jonathan Efrem), Subordination Agreement (Kahn Jonathan Efrem)
Subordination of Subordinated Debt to Senior Debt. The Company covenants and agrees, and Subordinated Creditor by its acceptance of the Subordinated Debt Documents (whether upon original issue or upon transfer or assignment) likewise covenants and agrees, notwithstanding anything to the contrary contained in any of the Subordinated Debt Documents, that the payment of any and all of the Subordinated Debt shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the prior Payment indefeasible payment in Full full in cash of all Senior Debt. Each holder of Senior Debt, whether such Senior Debt is now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Debt in reliance upon the provisions contained in this Agreement.
Appears in 5 contracts
Samples: Subordination and Intercreditor Agreement (Prospect Global Resources Inc.), Senior First Priority Secured Promissory Note (Prospect Global Resources Inc.), Subordination and Intercreditor Agreement (United Mortgage Trust)
Subordination of Subordinated Debt to Senior Debt. Each Company covenants and agrees, and Subordinated Creditor by its acceptance of the Subordinated Debt Documents (whether upon original issue or upon transfer or assignment) likewise covenants and agrees, notwithstanding anything to the contrary contained in any of the Subordinated Debt Documents, that the payment of any and all of the Subordinated Debt shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the prior Payment payment in Full full of all the Senior Debt. Each holder of Senior Debt, whether now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Debt in reliance upon the provisions contained in this Agreement.
Appears in 4 contracts
Samples: Subordination and Intercreditor Agreement (Telos Corp), Subordination and Intercreditor Agreement (Telos Corp), Subordination and Intercreditor Agreement (Telos Corp)
Subordination of Subordinated Debt to Senior Debt. Each Company covenants and agrees, and Subordinated Creditor by its acceptance of the Subordinated Debt Documents (whether upon original issue or upon transfer or assignment) likewise covenants and agrees, notwithstanding anything to the contrary contained in any of the Subordinated Debt Documents, that the payment of any and all of the Subordinated Debt shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the prior Payment indefeasible payment in Full full in cash of all Senior Debt. Each holder of Senior Debt, whether such Senior Debt is now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Debt in reliance upon the provisions contained in this Agreement.
Appears in 3 contracts
Samples: Subordination Agreement (Akorn Inc), Subordination Agreement (Akorn Inc), Subordination and Intercreditor Agreement (Akorn Inc)
Subordination of Subordinated Debt to Senior Debt. Company covenants The Borrower and agreeseach of the other Loan Parties hereby covenant and agree, and the Subordinated Creditor Creditors by its their acceptance of this Agreement (or by their acceptance of any of the Subordinated Debt Documents (Debt, whether upon original issue or issue, upon transfer or assignment, or otherwise) likewise covenants covenant and agrees, notwithstanding anything to the contrary contained in any of the Subordinated Debt Documentsagree, that the payment of any and all of the Subordinated Debt shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the prior Payment in Full of all the Senior Debt. Each holder of Senior Debt, whether now outstanding or hereafter created, incurred, assumed assumed, or guaranteed, shall be deemed to have acquired the Senior Debt in reliance upon the provisions contained in this Agreement.
Appears in 3 contracts
Samples: Subordination and Intercreditor Agreement (Beneficient Co Group, L.P.), Subordination Agreement (GWG Holdings, Inc.), Credit Agreement (GWG Holdings, Inc.)
Subordination of Subordinated Debt to Senior Debt. Each of the Company and Holdings covenants and agrees, and each Subordinated Creditor by its acceptance of the Subordinated Debt Documents (whether upon original issue or upon transfer or assignment) likewise covenants and agrees, notwithstanding anything to the contrary contained in any of the Subordinated Debt Documents, that the payment of any and all of the Subordinated Debt shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the prior Payment payment in Full full in cash (or another form acceptable to the Senior Lenders) of all Senior Debt. Each holder of Senior Debt, whether now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Debt in reliance upon the provisions contained in this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (American Coin Merchandising Inc), Subordination and Intercreditor Agreement (American Coin Merchandising Inc)
Subordination of Subordinated Debt to Senior Debt. Company The Borrower covenants and agrees, and each of Subordinated Creditor and any Permitted Assignee by its acceptance of the Subordinated Debt Documents (whether upon original issue or upon transfer or assignment) likewise covenants and agrees, notwithstanding anything to the contrary contained in any of the Subordinated Debt Documents, that the payment of any and all of the Subordinated Debt shall be subordinate and subject in right and time of paymentsubject, to the extent and in the manner hereinafter set forth, to the prior Payment in Full payment of all the Senior Debt. Each holder of Senior Debt, whether such Senior Debt is now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Debt in reliance upon the provisions contained in this Agreement.
Appears in 2 contracts
Samples: Subordination and Intercreditor Agreement (CTN Media Group Inc), Subordination and Intercreditor Agreement (CTN Media Group Inc)
Subordination of Subordinated Debt to Senior Debt. Company The Borrower covenants and agrees, and each Subordinated Creditor by its acceptance execution of the Subordinated Debt Documents (whether upon original issue or upon transfer or assignment) this Agreement likewise covenants and agrees, notwithstanding anything to the contrary contained in any of the Subordinated Debt Transaction Documents, that the payment of any and all of the Subordinated Debt shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the prior Payment in Full of all Senior Debt. Each holder of Senior Debt, whether now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Debt in reliance upon the provisions contained in this Agreement.
Appears in 2 contracts
Samples: Subordination and Intercreditor Agreement (Medite Cancer Diagnostics, Inc.), Subordination and Intercreditor Agreement (Medite Cancer Diagnostics, Inc.)
Subordination of Subordinated Debt to Senior Debt. Company covenants and agrees, and each Subordinated Creditor by its acceptance of the Subordinated Debt Documents (whether upon original issue or upon transfer or assignment) likewise covenants and agrees, notwithstanding anything to the contrary contained in any of the Subordinated Debt Documents, that the payment of any and all of the Subordinated Debt shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the prior Payment payment in Full full of all the Senior Debt. Each holder of Senior Debt, whether now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Debt in reliance upon the provisions contained in this Agreement.
Appears in 2 contracts
Samples: Subordination and Intercreditor Agreement, Subordination and Intercreditor Agreement (Streamline Health Solutions Inc.)
Subordination of Subordinated Debt to Senior Debt. Each Company covenants and agrees, and Subordinated Creditor by its acceptance of the applicable Subordinated Debt Documents Document (whether upon original issue or upon transfer or assignment) likewise covenants and agrees, notwithstanding anything to the contrary contained in any of the such Subordinated Debt Documents, that the payment of any and all of the Subordinated Debt shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the prior Payment payment in Full full of all of the Senior Debt. Each holder of Senior Debt, whether now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Debt in reliance upon the provisions contained in this Agreement.
Appears in 2 contracts
Samples: Subordination Agreement (Neos Therapeutics, Inc.), Subordination Agreement (Neos Therapeutics, Inc.)
Subordination of Subordinated Debt to Senior Debt. The Company covenants and agrees, and Subordinated Creditor by its acceptance of the Subordinated Debt Documents (whether upon original issue or upon transfer or assignment) likewise covenants and agrees, notwithstanding anything to the contrary contained in any of the Subordinated Debt Documents, that the payment of any and all of the Subordinated Debt shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the prior Payment in Full of all Senior Debt. Each holder of Senior Debt, whether now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Debt in reliance upon the provisions contained in this Agreement.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (Digital Domain Media Group, Inc.)
Subordination of Subordinated Debt to Senior Debt. Company covenants and agrees, and The Subordinated Creditor by its acceptance of the Subordinated Debt Documents Notes (whether upon original issue or upon transfer or assignmentassignment thereof) likewise covenants and agrees, that, notwithstanding anything to the contrary contained in any of the Subordinated Debt Documents, that the payment of any and all of the Subordinated Debt shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the prior Payment in Full of all the Senior Debt. Each holder of Senior Debt, whether now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Debt in reliance upon the provisions contained in this Agreement.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (Aerocentury Corp)
Subordination of Subordinated Debt to Senior Debt. Company covenants The Loan Parties hereby covenant and agreesagree, and the Subordinated Creditor Creditors by its their acceptance of this Agreement (or by their acceptance of any of the Subordinated Debt Documents (Debt, whether upon original issue or issue, upon transfer or assignment, or otherwise) likewise covenants covenant and agrees, notwithstanding anything to the contrary contained in any of the Subordinated Debt Documentsagree, that the payment of any and all of the Subordinated Debt shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the prior Payment in Full of all the Senior Debt. Each holder of Senior Debt, whether now outstanding or hereafter created, incurred, assumed assumed, or guaranteed, shall be deemed to have acquired the Senior Debt in reliance upon the provisions contained in this Agreement.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (World Acceptance Corp)
Subordination of Subordinated Debt to Senior Debt. Each Company covenants and agrees, and each Subordinated Creditor by its acceptance of the Subordinated Debt Documents (whether upon original issue or upon transfer or assignment) likewise covenants and agrees, notwithstanding anything to the contrary contained in any of the Subordinated Debt Documents, that the payment of any and all of the Subordinated Debt shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the prior Payment payment in Full full in cash of all Senior Debt. Each holder of Senior Debt, whether now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Debt in reliance upon the provisions contained in this Agreement.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (CBaySystems Holdings LTD)
Subordination of Subordinated Debt to Senior Debt. Company covenants The Obligors covenant and agreesagree, and Subordinated Creditor Lender, by its acceptance of the Subordinated Debt Documents (whether upon original issue or upon transfer or assignment) likewise covenants and agrees, notwithstanding anything to the contrary contained in any of the Subordinated Debt Documents, that the payment of any and all of the Subordinated Debt shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the prior Payment indefeasible payment in Full full in cash of all Senior Debt. Each holder of Senior Debt, whether such Senior Debt is now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Debt in reliance upon the provisions contained in this Agreement.
Appears in 1 contract
Samples: Investor Subordination Agreement (Trinity Biotech PLC)
Subordination of Subordinated Debt to Senior Debt. Company Each Obligor covenants and agrees, and Subordinated Creditor by its acceptance of the Subordinated Debt Documents (whether upon original issue or upon transfer or assignment) likewise covenants and agrees, notwithstanding anything to the contrary contained in any of the Subordinated Debt Documents, that the payment of any and all of the Subordinated Debt shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the prior Payment payment in Full full in cash of all the Senior Debt. Each holder of Senior Debt, whether now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Debt in reliance upon the provisions contained in this Agreement.
Appears in 1 contract
Subordination of Subordinated Debt to Senior Debt. The Company covenants and agrees, and Subordinated Creditor by its acceptance of the Note Purchase Agreement and the Subordinated Debt Documents Notes (whether upon original issue or upon transfer or assignment) likewise covenants and agrees, notwithstanding anything to the contrary contained in any of the Subordinated Debt Documents, that the payment of any and all of the Subordinated Debt shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the prior Payment indefeasible payment in Full full in cash of all Senior Debt. Each holder of Senior Debt, whether such Senior Debt is now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Debt in reliance upon the provisions contained in this Agreement.
Appears in 1 contract
Samples: Subordination Agreement (Precision Therapeutics Inc)
Subordination of Subordinated Debt to Senior Debt. Company Each Loan Party covenants and agrees, and Subordinated Creditor by its acceptance of the Subordinated Debt Documents (whether upon original issue or upon transfer or assignment) likewise covenants and agrees, notwithstanding anything to the contrary contained in any of the Subordinated Debt Documents, that the payment of any and all of the Subordinated Debt shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the prior Payment in Full of all the Senior Debt. Each holder of Senior Debt, whether now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Debt in reliance upon the provisions contained in this Agreement.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (Sifco Industries Inc)
Subordination of Subordinated Debt to Senior Debt. Each Company covenants and agrees, and each Subordinated Creditor by its acceptance of the Subordinated Debt Documents (whether upon original issue or upon transfer or assignment) likewise covenants and agrees, notwithstanding anything to the contrary contained in any of the Subordinated Debt Documents, that the payment of any and all of the Subordinated Debt shall be subordinate and subject in right and time of payment, to the extent (including giving effect to subsection 2.3 hereof) and in the manner hereinafter set forth, to the prior Payment payment in Full full of all the Senior Debt. Each holder of Senior Debt, whether now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Debt in reliance upon the provisions contained in this Agreement.
Appears in 1 contract