INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • December 22nd, 2023 • KonaTel, Inc. • Communications services, nec • New York
This Intercreditor and Subordination Agreement (this “Agreement”), dated as of December 18, 2023, is entered into by and among CCUR Holdings, Inc., a Delaware corporation as the Collateral Agent under the Senior Credit Agreement (as defined below) (the “Lender”), and ACP Financing VII, Limited Liability Company, a Texas limited liability company, as Seller under the Installment Sale Agreement (as defined below) (in such capacity, the “Subordinated Creditor” or “ACP”).
ContractInstallment Sale Agreement • December 22nd, 2023 • KonaTel, Inc. • Communications services, nec • New York
This Agreement and the rights and obligations evidenced hereby are subordinate in the manner and to the extent set forth in that certain Intercreditor and Subordination Agreement, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the “Senior Lender Subordination Agreement”), by and among CCUR Holdings, Inc., a Delaware corporation, as collateral agent under the Senior Credit Agreement (as defined therein) and ACP Financing VII, Limited Liability Company, a Texas limited liability company, as the Subordinated Creditor (as defined therein), to all of the Senior Debt (as defined in the Senior Lender Subordination Agreement), including, without limitation, all of the indebtedness (including interest) owed by Borrowers pursuant to the Senior Credit Agreement (as defined in the Senior Lender Subordination Agreement), as such Senior Credit Agreement and other Senior Documents (as defined in the Senior Lender Subordination Agreement) have
