Common use of Subordination of Subordinated Indebtedness to Senior Indebtedness Clause in Contracts

Subordination of Subordinated Indebtedness to Senior Indebtedness. Each Company covenants and agrees, and the Subordinated Lender by its acceptance of the Subordinated 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 Documents, that the payment of any and all of the Subordinated Indebtedness shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the Final Payment of all Senior Indebtedness. Each holder of Senior Indebtedness, whether now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Indebtedness in reliance upon the provisions contained in this Agreement.

Appears in 2 contracts

Samples: Subordination and Intercreditor Agreement (Neopharm Inc), Subordination and Intercreditor Agreement (Akorn Inc)

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Subordination of Subordinated Indebtedness to Senior Indebtedness. Each Except as set forth in Section 6 hereof, the Company covenants and agrees, and the Subordinated Lender by its acceptance of the Subordinated 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 Documents, that the payment of any and all of the Subordinated Indebtedness shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the Final Payment of all Senior Indebtedness. Each holder of Senior Indebtedness, whether now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Indebtedness in reliance upon the provisions contained in this Agreement. 3.

Appears in 1 contract

Samples: Subordination Agreement (DLH Holdings Corp.)

Subordination of Subordinated Indebtedness to Senior Indebtedness. Each The Borrower and the Company covenants covenant and agreesagree, and the Subordinated Lender by its acceptance of the Subordinated 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 Documents, that the payment of any and all of the Subordinated Indebtedness shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the Final Payment of all Senior Indebtedness. Each holder of Senior Indebtedness, whether now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Indebtedness in reliance upon the provisions contained in this Agreement.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement (General Finance CORP)

Subordination of Subordinated Indebtedness to Senior Indebtedness. Each Company Borrower covenants and agrees, and the each Subordinated Lender by its acceptance of the Subordinated Documents a Note evidencing a Term B Loan (whether upon original issue or upon transfer or assignment) likewise covenants and agrees, notwithstanding anything to the contrary contained herein or in any of the Subordinated other Loan Documents, that the payment of any and all of the Subordinated Indebtedness shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the Final Payment of all Senior Indebtedness. Each holder of Senior Indebtedness, whether now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Indebtedness in reliance upon the provisions contained in this AgreementSection 15.

Appears in 1 contract

Samples: Credit Agreement (Epiq Systems Inc)

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Subordination of Subordinated Indebtedness to Senior Indebtedness. Each Company covenants and agrees, and the Subordinated Lender Creditor by its acceptance of the Subordinated Documents Note (whether upon original issue or upon transfer or assignment) likewise covenants and agrees, notwithstanding anything to the contrary contained in any of the Subordinated DocumentsNote, that the payment of any and all of the Subordinated Indebtedness shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the Final Payment payment in full of all the Senior Indebtedness. Each holder of Senior Indebtedness, whether now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Indebtedness in reliance upon the provisions contained in this Agreement.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement (Allied Defense Group Inc)

Subordination of Subordinated Indebtedness to Senior Indebtedness. Each Company of Pac-Van, GFN and any other Obligor covenants and agrees, and the each Subordinated Lender by its acceptance of the Subordinated 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 Documents, that the payment of any and all of the Subordinated Indebtedness shall be subordinate and subject in right and time of payment, to the extent and in the manner hereinafter set forth, to the Final Payment of all Senior Indebtedness. Each holder of Senior Indebtedness, whether now outstanding or hereafter created, incurred, assumed or guaranteed, shall be deemed to have acquired Senior Indebtedness in reliance upon the provisions contained in this Agreement.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement (General Finance CORP)

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