ContractSubordination Agreement • October 22nd, 2008 • OCM Principal Opportunities Fund IV, LP • Miscellaneous chemical products • New York
THIS INSTRUMENT AND THE RIGHTS AND OBLIGATIONS EVIDENCED HEREBY ARE SUBORDINATE IN THE MANNER AND TO THE EXTENT SET FORTH IN THAT CERTAIN SUBORDINATION AGREEMENT (THE “SUBORDINATION AGREEMENT”), DATED AS OF OCTOBER 22, 2008 BY AND AMONG (i) OCM PRINCIPAL OPPORTUNITIES FUND IV DELAWARE, L.P., A DELAWARE LIMITED PARTNERSHIP, (ii) THE BORROWERS (AS DEFINED THEREIN) AND (iii) WELLS FARGO FOOTHILL, LLC, AS AGENT (THE “AGENT”), TO THE INDEBTEDNESS (INCLUDING INTEREST) OWED BY THE BORROWERS PURSUANT TO THAT CERTAIN CREDIT AGREEMENT DATED AS OF OCTOBER 22, 2008 AMONG THE BORROWERS, THE AGENT AND THE LENDERS FROM TIME TO TIME PARTY THERETO (THE “SENIOR CREDIT AGREEMENT”) AND RELATED AGREEMENTS, INSTRUMENTS AND DOCUMENTS; AND EACH HOLDER OF THIS INSTRUMENT, BY ITS ACCEPTANCE HEREOF, IRREVOCABLY AGREES TO BE BOUND BY THE PROVISIONS OF THE SUBORDINATION AGREEMENT.
