0000897101-19-000167 Sample Contracts

INTERCREDITOR AND SUBORDINATION AGREEMENT
Intercreditor and Subordination Agreement • March 6th, 2019 • Industrial Services of America Inc • Wholesale-misc durable goods • Connecticut

THIS INTERCREDITOR AND SUBORDINATION AGREEMENT (this “Agreement” as further defined below) is entered into as of this 1st day of March, 2019 by 7100 GRADE LANE LLC, a Kentucky limited liability company (“Subordinated Lender” as further defined below), INDUSTRIAL SERVICES OF AMERICA, INC., a Florida corporation (“Company”) and the other “Debtors” signatory hereto, for the benefit of BANK OF AMERICA, N.A. (“Senior Lender” as further defined below).

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FIRST AMENDMENT TO TERM NOTE
Term Note • March 6th, 2019 • Industrial Services of America Inc • Wholesale-misc durable goods

THIS FIRST AMENDMENT TO TERM NOTE (this "Amendment") is entered into as of March 1, 2019 (the "Effective Date"), by and between K&R, LLC, a Kentucky limited liability company ("Lender"), and INDUSTRIAL SERVICES OF AMERICA, INC., a Florida corporation ("Borrower").

AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT AND CONSENT
Loan and Security Agreement and Consent • March 6th, 2019 • Industrial Services of America Inc • Wholesale-misc durable goods • New York

This AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT AND CONSENT (this “Amendment”) is made as of March 1, 2019, by and among INDUSTRIAL SERVICES OF AMERICA, INC., a Florida corporation (“ISA”), 7124 GRADE LANE LLC, a Kentucky limited liability company (“7124 Grade Lane”), and 7200 GRADE LANE LLC, a Kentucky limited liability company (“7200 Grade Lane”; and together with ISA, and 7124 Grade Lane, each individually a “Borrower” and collectively, the “Borrowers”), and BANK OF AMERICA, N.A. (“Lender”).

INTERCREDITOR AND SUBORDINATION AGREEMENT
Intercreditor and Subordination Agreement • March 6th, 2019 • Industrial Services of America Inc • Wholesale-misc durable goods • Connecticut

THIS INTERCREDITOR AND SUBORDINATION AGREEMENT (this “Agreement” as further defined below) is entered into as of this 1st day of March, 2019 by K&R, LLC, a Kentucky limited liability company (“Subordinated Lender” as further defined below), INDUSTRIAL SERVICES OF AMERICA, INC., a Florida corporation (“Company”) and the other “Debtors” signatory hereto, for the benefit of BANK OF AMERICA, N.A. (“Senior Lender” as further defined below).

FIRST AMENDMENT TO TERM NOTE
Term Note • March 6th, 2019 • Industrial Services of America Inc • Wholesale-misc durable goods

THIS FIRST AMENDMENT TO TERM NOTE (this "Amendment") is entered into as of March 1, 2019 (the "Effective Date"), by and between 7100 GRADE LANE LLC, a Kentucky limited liability company ("Lender"), and INDUSTRIAL SERVICES OF AMERICA, INC., a Florida corporation ("Borrower").

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