EXHIBIT 10.3 SECOND AMENDED AND RESTATED DEBT SUBORDINATION AGREEMENT THIS AGREEMENT effective as of the 5th day of May, 2006, by and among KEVIN J. THOMAS, an individual (the "Creditor"), ARGAN, INC., a Delaware corporation ("Argan"), SOUTHERN...Debt Subordination Agreement • May 11th, 2006 • Argan Inc • Medicinal chemicals & botanical products • Connecticut
ContractDebt Subordination Agreement • May 10th, 2013 • Spy Inc. • Ophthalmic goods • New York
THIS NOTE IS SUBORDINATE TO CERTAIN OBLIGATIONS OF THE COMPANY AS DESCRIBED IN THE BFI LOAN DOCUMENTS (DEFINED HEREIN) AND SUBJECT TO THAT CERTAIN DEBT SUBORDINATION AGREEMENT DATED MARCH 19, 2010, AS AMENDED OR MODIFIED FROM TIME TO TIME, AMONG BFI BUSINESS FINANCE AND THE HOLDER.
ContractDebt Subordination Agreement • December 24th, 2012 • Spy Inc. • Ophthalmic goods • New York
THIS NOTE IS SUBORDINATE TO CERTAIN OBLIGATIONS OF THE COMPANY AS DESCRIBED IN THE BFI LOAN DOCUMENTS (DEFINED HEREIN) AND SUBJECT TO THAT CERTAIN DEBT SUBORDINATION AGREEMENT DATED AS OF THE DATE HEREOF, AS AMENDED OR MODIFIED FROM TIME TO TIME, AMONG BFI BUSINESS FINANCE AND THE HOLDER.
DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • May 15th, 2008 • Lakeland Industries Inc • Orthopedic, prosthetic & surgical appliances & supplies
This Debt Subordination Agreement is entered into as of May 13, 2008 (“Agreement”), by Wachovia Bank, National Association, a national banking association, whose address is 12 East 49th Street, 43rd Floor, New York, New York 10017 ("Bank"), Qualytextil S.A., with an address of Avenida Bernardino de Campos, nº 98, sala 09, 14º andar, CEP 04004-040, São Paulo, São Paulo, Brazil ("Creditor"), and Lakeland Industries, Inc., whose address is 701-07 Koehler Avenue, Ronkonkoma, New York 11779 ("Borrower").
EX-10.25 7 c11102exv10w25.htm DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • May 5th, 2020 • Nebraska
Exhibit 10.25 DEBT SUBORDINATION AGREEMENT THIS DEBT SUBORDINATION AGREEMENT (“Agreement”) is made and entered into as of September 28, 2006, among Wells Fargo Bank, National Association, in Lincoln, Nebraska, as trustee (the “Creditor”) for the owners of the $4,030,000 Community Redevelopment Authority of the Village of Jackson, Nebraska, Tax Increment Revenue Bonds, Taxable Series 2006A (Siouxland Ethanol Plant Project) (the “Series 2006A Bonds”) pursuant to that certain Bond Resolution, dated as of July 20, 2006 (the “Bond Resolution”), and Siouxland Ethanol, LLC (“the Company”), and Farm Credit Services of America, FLCA (“FCSA”). WITNESSETH WHEREAS, the Company is now and may from time to time hereafter be indebted to Creditor; and WHEREAS, the Company desires to obtain loans, extensions of credit or other financial accommodations from FCSA; and WHEREAS, FCSA is unwilling to provide such financial accommodations to the Company unless Creditor and the Company enter into this Agreeme
Debt Subordination AgreementDebt Subordination Agreement • September 6th, 2016 • Kanis S.A. • Industrial & commercial fans & blowers & air purifing equip • California
This Debt Subordination Agreement is executed by the above-named Creditor (“Creditor”) in favor of Haldor Topsøe A/S (“Lender”), with respect to the above-named borrower (“Borrower”). In order to induce Lender to extend or continue to extend financing to the Borrower (but without obligation on Lender’s part to do so), Creditor hereby agrees as follows:
RecitalsDebt Subordination Agreement • March 30th, 2000 • Special Metals Corp • Steel works, blast furnaces & rolling & finishing mills • New York
EXHIBIT 10.32 DEBT SUBORDINATION AGREEMENT This Agreement is entered into as of the 20th day of July, 1995, by K-TEL INTERNATIONAL (USA), INC. (the "Creditor"), for the benefit of TCF BANK MINNESOTA FSB, a federally chartered stock savings bank (the...Debt Subordination Agreement • October 12th, 1995 • K Tel International Inc • Phonograph records & prerecorded audio tapes & disks
Debt Subordination Agreement Upon Acceleration Event OnlyDebt Subordination Agreement • May 11th, 2012 • CalAmp Corp. • Radio & tv broadcasting & communications equipment • North Carolina
This Debt Subordination Agreement Upon Acceleration Event Only is executed by the above-named Creditor (the "Creditor") in favor of SQUARE 1 BANK (“Lender”), whose address is 406 Blackwell Street, Suite 240, Durham, North Carolina 27701, with respect to the above-named obligors (jointly and severally, "Obligor"). In order to induce Lender to extend or continue to extend financing to the Obligor (but without obligation on Lender’s part to do so), the Creditor hereby agrees as follows:
DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • January 8th, 2008 • Widepoint Corp • Services-computer integrated systems design • Virginia
DATE AND PARTIES. The date of this Debt Subordination Agreement (Agreement) is January 2, 2008. The parties and their addresses are:
ANY INDEBTEDNESS EVIDENCED BY THIS INSTRUMENT IS SUBORDINATED TO THE SENIOR DEBT OF THE “MAKER” (AS DEFINED BELOW) PURSUANT TO THAT CERTAIN DEBT SUBORDINATION AGREEMENT BY AND BETWEEN THE “MAKER” (AS DEFINED BELOW), MAKER’S SENIOR CREDITOR (TOGETHER...Debt Subordination Agreement • July 6th, 2009 • SMF Energy Corp • Wholesale-petroleum & petroleum products (no bulk stations)
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (“SECURITIES ACT”), AND MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED EXCEPT (I) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR (II) PURSUANT TO AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT, BUT ONLY UPON THE PAYEE FIRST HAVING OBTAINED A WRITTEN OPINION OF MAKER’S COUNSEL, OR OTHER COUNSEL ACCEPTABLE TO MAKER, THAT THE PROPOSED DISPOSITION IS CONSISTENT WITH ALL APPLICABLE PROVISIONS OF THE SECURITIES ACT AND ANY APPLICABLE “BLUE SKY” OR OTHER SIMILAR SECURITIES LAW.
ContractDebt Subordination Agreement • January 5th, 2009 • International Textile Group Inc • Motor vehicle parts & accessories • New York
THIS INSTRUMENT AND THE RIGHTS AND OBLIGATIONS EVIDENCED HEREBY ARE SUBORDINATED PURSUANT TO THE TERMS OF (1) THE DEBT SUBORDINATION AGREEMENT DATED AS OF DECEMBER 3, 2007, AMONG WLR RECOVERY FUND III, L.P., AS SUBORDINATE CREDITOR, MAKER, AS DEBTOR AND GENERAL ELECTRIC CAPITAL CORPORATION, AS AGENT (THE “GE DEBT SUBORDINATION AGREEMENT”), AND (2) THE DEBT SUBORDINATION AGREEMENT DATED AS OF DECEMBER 3, 2007, AMONG WLR RECOVERY FUND III, L.P., WLR IV PARALLEL ESC, L.P. AND WLR RECOVERY FUND IV, L.P., AS SUBORDINATE CREDITORS, MAKER, AS DEBTOR AND THE PURCHASERS NAMED THEREIN (THE “NOTEHOLDER DEBT SUBORDINATION AGREEMENT”), AND PAYEE AND EACH OTHER HOLDER OF THIS INSTRUMENT, BY ITS ACCEPTANCE HEREOF, ACKNOWLEDGES AND AGREES TO SUCH SUBORDINATION.
EXHIBIT 10.3 ------------------------------------------------------------------ -------------- BORROWER NAME AND ADDRESS SUBORDINATING CREDITOR LENDER NAME AND ADDRESS CORVU NORTH AMERICA, INC. NAME AND ADDRESS COMMERCE BANK 3400 W. 66th STREET, CORVU...Debt Subordination Agreement • February 14th, 2005 • Corvu Corp • Services-prepackaged software
ContractDebt Subordination Agreement • May 5th, 2020 • New York
<DOCUMENT> <TYPE>EX-10.13 <SEQUENCE>8 <FILENAME>g80893exv10w13.txt <DESCRIPTION>EX-10.13 DEBT SUBORDINATION AGREEMENT <TEXT> <PAGE> CINGULAR WIRELESS Exhibit 10.13 EXHIBITS CAPITAL MARKETS DEBT SUBORDINATION AGREEMENT CAPITAL MARKETS DEBT SUBORDINATION AGREEMENT, dated as of November 21, 2000, among SBC COMMUNICATIONS INC., a Delaware corporation ("SBC"), BELLSOUTH CORPORATION, a Georgia corporation ("BellSouth"), any subsidiary of SBC or BellSouth that is or hereafter becomes bound to the terms of this agreement in the manner described herein (a "Subsidiary Lender"; SBC, BellSouth (for itself and as successor by merger to BellSouth Capital Funding Corporation) and each Subsidiary Lender is referred to herein as a "Subordinated Creditor" and, collectively, the "Subordinated Creditors"), and CINGULAR WIRELESS LLC, a Delaware limited liability company (the "Borrower"). W I T N E S S E T H: WHEREAS, each of the Subordinated Creditors has extended credit, and may in the future extend credi
ContractDebt Subordination Agreement • July 2nd, 2014 • Cross Country Healthcare Inc • Services-help supply services • New York
The indebtedness evidenced by this instrument is subordinated to the prior payment in full of Senior Debt pursuant to, as defined in and to the extent provided for in that certain Debt Subordination Agreement dated on or about June 30, 2014 among BENEFIT STREET PARTNERS SMA LM L.P., PECM STRATEGIC FUNDING L.P. and PROVIDENCE DEBT FUND III L.P., together with their successors and permitted assigns, as Subordinated Purchasers, any Subordinated Agent that becomes a party thereto (as defined therein), CROSS COUNTRY HEALTHCARE, INC., a Delaware corporation, CEJKA SEARCH, INC., a Delaware corporation, CROSS COUNTRY EDUCATION, LLC, a Delaware limited liability company, CROSS COUNTRY STAFFING, INC., a Delaware corporation, MDA HOLDINGS, INC., a Delaware corporation, CROSS COUNTRY PUBLISHING, LLC, a Delaware limited liability company, ASSIGNMENT AMERICA, LLC, a Delaware limited liability company, TRAVEL STAFF, LLC, a Delaware limited liability company, LOCAL STAFF, LLC, a Delaware limited liabi
ContractDebt Subordination Agreement • May 12th, 2011 • International Textile Group Inc • Textile mill products • New York
THIS INSTRUMENT AND THE RIGHTS AND OBLIGATIONS EVIDENCED HEREBY ARE SUBORDINATED PURSUANT TO THE TERMS OF (1) THE DEBT SUBORDINATION AGREEMENT DATED AS OF DECEMBER 3, 2007, AMONG WLR RECOVERY FUND III, L.P., AS SUBORDINATE CREDITOR, MAKER, AS DEBTOR AND GENERAL ELECTRIC CAPITAL CORPORATION, AS AGENT (THE "GE DEBT SUBORDINATION AGREEMENT"), AND (2) THE AMENDED AND RESTATED DEBT SUBORDINATION AGREEMENT DATED AS OF DECEMBER 22, 2009, AMONG WLR RECOVERY FUND III, L.P., WLR IV PARALLEL ESC, L.P. AND WLR RECOVERY FUND IV, L.P., AS SUBORDINATE CREDITORS, MAKER, AS DEBTOR AND THE PURCHASERS NAMED THEREIN (THE "NOTEHOLDER DEBT SUBORDINATION AGREEMENT"), AND PAYEE AND EACH OTHER HOLDER OF THIS INSTRUMENT, BY ITS ACCEPTANCE HEREOF, ACKNOWLEDGES AND AGREES TO SUCH SUBORDINATION.
DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • March 16th, 2009 • Deep Down, Inc. • Oil & gas field machinery & equipment • Maine
For valuable consideration, receipt whereof is hereby acknowledged, and in consideration of all loans, advances, discounts, renewals or extensions now or hereafter made, given or continued by TD BANK, N.A., a banking corporation organized under the laws of the United States of America, with a place of business at One Portland Square, Portland, Maine, and a mailing address of P.O. Box 9540, Portland, Maine 04112-9540 (hereinafter called the "Bank") to or for the account of FLOTATION TECHNOLOGIES, INC. (hereinafter called the "Borrower"), the Borrower and DEEP DOWN, INC. (hereinafter the “Parent Company”) agree with the Bank as follows:
DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • September 30th, 2022 • JanOne Inc. • Retail-home furniture, furnishings & equipment stores • Minnesota
superior security interest in all of Borrower's property and assets, whether tangible or intangible (the "Collateral"), and any security interest claimed therein (including any proceeds thereof) by Creditor shall be and remain fully subordinate for all purposes to the security interest of Lender therein for all purposes whatsoever. Creditor will not exercise collection rights as to any Collateral, will not take possession of, collect, sell or dispose of any Collateral, will not claim recoupment, setoff, or any defense or counterclaim against any Collateral, will not notify or contact Borrower's account debtors, and will not exercise or enforce any other right or remedy of any kind which may be available to Creditor before or after default, without Lender's prior written consent. Creditor waives any rights it has or may have to require Lender to marshal any or all Collateral. Creditor acknowledges that Lender makes no representation or warranty concerning the Collateral or the validity,
DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • May 5th, 2020 • Indiana
DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • September 11th, 2008 • General Automotive Co • Services-motion picture & video tape production
In consideration of the line of credit to OE SOURCE, L.C., (hereinafter called "Debtor"), undersigned hereby agrees that any and all liability that said Debtor may now or hereafter owe to undersigned shall be subordinate and junior to any and all liability said Debtor may now or hereafter owe to you direct or contingent. Undersigned also agree that any collateral that undersigned shall have to secure its indebtedness will be subordinate and junior to you.
DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • November 28th, 2005 • Sten Corp • Surgical & medical instruments & apparatus • Minnesota
This Debt Subordination Agreement is entered into as of the 22nd day of November, 2005, between and among STEN Acquisition Corporation, a Minnesota corporation (“Lender”) and Arthur Petrie, an individual resident of the State of Nevada (the “Creditor”).
DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • December 21st, 2016 • Minnesota
THIS DEBT SUBORDINATION AGREEMENT (this “Agreement”), effective as of the day of December, 2016, between JOURNEY HOME MINNESOTA, A MINNESOTA NON PROFIT CORPORATION (the "Debtor"), THE CITY OF VADNAIS HEIGHTS, A MINNESOTA MUNICIPAL CORPORATION (the "Subordinated Creditor"), and
DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • November 15th, 2007 • Nature Vision, Inc. • Photographic equipment & supplies
This instrument and the rights and obligations evidenced hereby are subordinate to any and all liens, indebtedness, obligations and liabilities of 111 realty investors, LP, a texas limited partnership, its successors and assigns, to (I) u.s. bank...Debt Subordination Agreement • August 13th, 2012 • Apple REIT Nine, Inc. • Real estate investment trusts • Texas
This Note is issued under and pursuant to the terms and provisions of the Loan Agreement dated of even date herewith (the “Loan Agreement”) entered into by the Company and Junior Lender and secured by the Junior Deeds of Trust dated of even date herewith (collectively, the “Deed of Trust”) from the Company to William Woodall, Esq., as trustee, in favor of Junior Lender, in respect of the Mortgaged Property described therein and the Ground Lease Agreement dated February 3, 2010 (as amended from time to time) between the Company (as successor-in-interest to Junior Lender), as landlord, and Chesapeake Operating Inc., a corporation organized under the laws of the State of Oklahoma, as tenant. This Note and the holder hereof are entitled to all the benefits provided for by the Loan Agreement and the Deed of Trust and the Other Related Agreements (as defined in the Loan Agreement), to which Loan Agreement, the Deed of Trust and such Other Related Agreements reference is hereby made for the s
WITNESSETH:Debt Subordination Agreement • March 31st, 1997 • Fairwood Corp • Household furniture • Florida
Debt Subordination AgreementDebt Subordination Agreement • January 4th, 2010 • Champion Industries Inc • Commercial printing
The undersigned is a creditor of Champion Industries, Inc., a West Virginia corporation (hereinafter called “Borrower”). In consideration of loans made or to be made, credit given or to be given, or other financial accommodations afforded or to be afforded to the Borrower, concurrently herewith or at any time or from time to time hereafter, on such terms as may be agreed upon between you and other Lenders party to that Credit Agreement with the Borrower dated as of September 14, 2007, as the same has been amended and may be further amended, restated or supplemented from time to time (collectively, the “Senior Lenders”) and the Borrower, the undersigned agrees that all indebtedness, obligations and liabilities of the Borrower to the undersigned now existing or hereafter arising and howsoever evidenced or acquired (the aggregate principal amount of such Subordinated Indebtedness as of the date hereof being $3,000,000.00) shall be and remain junior and subordinate to any and all indebtedn
DEBT SUBORDINATION AGREEMENTDebt Subordination Agreement • July 6th, 2009 • SMF Energy Corp • Wholesale-petroleum & petroleum products (no bulk stations) • Florida
THIS DEBT SUBORDINATION AGREEMENT (this "Agreement") is made and entered into this _____ day of June, 2009, among __________________________ ("Subordinate Creditor"), a ____________________________________, SMF ENERGY CORPORATION, a Delaware corporation ("SMF"), SMF SERVICES, INC., a Delaware corporation ("SSI"), H & W PETROLEUM COMPANY, INC., a Texas corporation ("H&W"; each of SMF, SSI and H&W is sometimes referred to herein individually as a "Debtor," and collectively they are sometimes referred to herein as "Debtors"), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, "Lender").
DEBT SUBORDINATION AGREEMENT November 21, 2008Debt Subordination Agreement • November 26th, 2008 • Anchor Funding Services, Inc. • Short-term business credit institutions • Rhode Island
The undersigned, ANCHOR FUNDING SERVICES, INC. ("Creditor"), is a creditor of ANCHOR FUNDING SERVICES LLC ("Debtor"). In order to induce TEXTRON FINANCIAL CORPORATION (the "Agent"), as Agent for itself and other financial institutions (the "Lenders"), party from time to time to a Loan and Security Agreement (as amended, modified or restated, the "Loan Agreement"), dated on or about the date hereof, between Agent and Debtor, to extend or continue extending financial accommodations to Debtor, Creditor hereby warrants, represents and agrees as follows:
