Subordination to Senior Indebtedness. The payment of the ------------------------------------ principal of and interest on this Debenture is hereby expressly made subordinate and junior in right of payment to the prior payment in full of all principal of and interest on all Senior Indebtedness (as defined below) whether now outstanding or hereafter incurred, created or assumed.
Subordination to Senior Indebtedness. The indebtedness evidenced ------------------------------------ by this Note, and the payment of the principal hereof and any interest hereon, is wholly subordinated,
Subordination to Senior Indebtedness. The Company covenants and agrees, and each holder of a Note, by his or her acceptance thereof, likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV and to the extent and in the manner hereinafter set forth in this Article IV, the indebtedness represented by the Notes and the payment of the principal amount, Conversion Price, and interest thereon, Company Conversion Provisional Payment, Additional Conversion Payment, redemption price for Notes called for redemption in accordance with Section 3.2, the Repurchase Price and Additional Repurchase Payment, if any, with respect to Notes submitted for repurchase in accordance with Section 16.1, liquidated damages, fees, expenses or any other amounts in respect of each and all of the Notes are hereby expressly made subordinate and junior and subject in right of payment to the prior payment in full in cash of all Senior Indebtedness of the Company now outstanding or hereinafter incurred. "
Subordination to Senior Indebtedness. Anything in this Indenture or in any Security to the contrary notwithstanding, the indebtedness evidenced by each Security shall be subordinate and junior, to the extent and in the manner hereinafter set forth, to all Senior Indebtedness as follows:
Subordination to Senior Indebtedness. The indebtedness evidenced by the Note, and the payment of the principal thereof, and any interest thereon, is wholly subordinated, junior and subject in right of payment, to the extent and in the manner hereinafter provided, to the prior payment of all Senior Indebtedness of the Company now outstanding or hereinafter incurred. "Senior Indebtedness" means the principal of, and premium, if any, and interest on (a) all indebtedness of the Company for monies borrowed from banks, trust companies, insurance companies and other financial institutions, including commercial paper and accounts receivable sold or assigned by the Company to such institutions, (b) all indebtedness of the Company for monies borrowed by the Company from other persons or entities, (c) obligations of the Company as lessee under leases of real or personal property, (d) principal of, and premium, if any, and interest on any indebtedness or obligations of others of the kinds described in (a), (b) and (c) above assumed or guaranteed in any manner by the Company, (d) deferrals, renewals, extensions and refundings of any such indebtedness or obligations described in (a), (b), (c) and (d) above, and (f) any other indebtedness of the Company which the Company and the holder of the Note may hereafter from time to time expressly and specifically agree in writing shall constitute Senior Indebtedness.
Subordination to Senior Indebtedness. The indebtedness evidenced by the Subordinated Securities of any series, including their principal and the interest on them, will be subordinate and subject in right of payment, to the extent and in the manner set forth in this Article Eleven, to the prior payment in full of all Senior Indebtedness, and each Holder by accepting the Subordinated Securities agrees to and will be bound by, and deemed to have notice of all provisions of this Indenture including this Article Eleven.
Subordination to Senior Indebtedness. Each Intercompany Loan Party for itself and its successors agrees that, to the extent it is from time to time entitled to receive payment in respect of any intercompany loan, advance or other account from any other Intercompany Loan Party (a "Subordinated Obligation"), the payment of the principal of, premium, if any, interest on (including all interest accruing thereon subsequent to a Bankruptcy Event ("post-petition interest")) or other fees, costs, expenses and any other amounts accrued, incurred or otherwise due in connection with all such Subordinated Obligations from time to time, is subordinated in right of payment, to the extent and in the manner provided herein, to the payment in full of all Senior Indebtedness.
Subordination to Senior Indebtedness. The indebtedness evidenced by, and payment of the principal of and interest on, the Notes shall be subordinate and subject in right of payment to the extent and in the manner set forth in this Section 9 to the prior payment in full of all Senior Indebtedness.
Subordination to Senior Indebtedness. This Agreement is subject to the terms of the Subordination Agreement, which agreement is incorporated herein by reference. Notwithstanding any statement to the contrary contained in this Agreement, no remedies shall be pursued, except in accordance with the terms of such agreement. Notwithstanding the incorporation by reference of the Subordination Agreement, Borrowers acknowledge that no other parties, including any Borrower or any of their successors or assigns, are intended to be benefited, in any way, by the Subordination Agreement. If MTM refinances or renegotiates the Senior Indebtedness or replaces it with other Senior Indebtedness, Investment Manager and Lender hereby agree to enter into any subordination agreement requested by any Person or Persons who are MTM's Senior Lenders or agents therefor, pursuant to which Investment Manager and Lender agree to subordinate their respective rights and interests hereunder and under the Note and the liens securing same to such Person, on terms consistent with or no less favorable to Investment Manager and Lender than those contained in the Subordination Agreement and the subordination agreement of even date herewith by and between Investment Manager and Ingram. 41
Subordination to Senior Indebtedness. Notwithstanding anything herein to the contrary, the Obligations evidenced by this Agreement and the other Transaction Documents, the Liens and security interests granted to Lender pursuant to the terms hereof and thereof and the exercise of any right or remedy by Lender hereunder or thereunder are subject to the provisions of any subordination agreement (a “Subordination Agreement”) entered into between Lender and any Senior Lender. In the event of any conflict between the terms of any Subordination Agreement and any other Transaction Agreement, the terms of the Subordination Agreement shall govern. Notwithstanding anything that may be contained herein to the contrary, all of the provisions of the Transaction Documents, including without limitation, the covenants of Company contained herein and therein and all of the rights, remedies and powers provided for herein and therein, are subject to the provisions of any Subordination Agreement (it being understood that any breach by Company of its obligations hereunder or thereunder shall nonetheless constitute a default (and to the extent provided herein or therein, an Event of Default) hereunder or thereunder, as applicable, notwithstanding the foregoing). The signature pages follow. The parties have executed this Agreement as of the Effective Date. COMPANY: T1VISIONS, INC. By: /s/ Xxxx Xxxxxxx Xxxx Xxxxxxx, Chief Executive Officer LENDER: DECATHLON ALPHA II, L.P. By: Decathlon Alpha GP, LLC Its: General Partner By: /s/ Xxxx Xxxxxxxx Xxxx Xxxxxxxx, Managing Director Revenue Loan and Security Agreement – Signature page F&B Draft 11/4/2015 FIRST AMENDMENT TO REVENUE LOAN AND SECURITY AGREEMENT This first amendment (this “Amendment”) to that certain Revenue Loan and Security Agreement dated July 1, 2015 (the “Agreement”), by and between T1Visions, Inc., a Delaware corporation (the “Company”), and Decathlon Alpha II, L.P., a Delaware limited partnership (“Lender”), is effective as of November 10, 2015 (the “First Amendment Date”). Unless otherwise defined herein, all capitalized terms shall be given their respective meanings as set forth in the Agreement. The Company and the Lender desire to amend the Agreement to set forth changes to the Agreement. The Company and the Lenders hereby agree as follows:
