Senior Subordinated Note Sample Contracts

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Contract
Senior Subordinated Note • May 4th, 2016 • AAC Holdings, Inc. • Services-specialty outpatient facilities, nec • New York

THIS NOTE IS SUBORDINATED TO THE PRIOR PAYMENT AND SATISFACTION IN CASH OF ALL SENIOR INDEBTEDNESS, AS DEFINED IN THE SUBORDINATION AGREEMENT DATED AS OF OCTOBER 2, 2015, AMONG BANK OF AMERICA, N.A., AS SENIOR AGENT, MAKER, ITS SUBSIDIARIES PARTY THERETO, PAYEE AND THE OTHER JUNIOR LENDERS (AS DEFINED THEREIN) AS THE SAME MAY BE AMENDED, MODIFIED, RESTATED OR SUPPLEMENTED FROM TIME TO TIME (THE “SUBORDINATION AGREEMENT”), TO THE EXTENT, AND IN THE MANNER PROVIDED IN THE SUBORDINATION AGREEMENT.

FORM OF NOTE ------------------------------------------------------------------ -------------- CUSIP/CINS 75040P AF 5
Senior Subordinated Note • July 17th, 2001 • Radio One Inc • Radio broadcasting stations • New York
Senior Subordinated Note due February 15, 2009 (except as provided herein)
Senior Subordinated Note • November 14th, 2008 • Dpac Technologies Corp • Semiconductors & related devices • Ohio

This is the Senior Subordinated Note due February 15, 2009 (the “Note”) provided for in the Senior Subordinated Note and Warrant Purchase Agreement dated as of February 15, 2008 (as amended, restated, supplemented or otherwise modified from time to time, the “Purchase Agreement”) by and between the Payee, as purchaser, and the Makers, as sellers.

SELECT COMFORT CORPORATION
Senior Subordinated Note • September 3rd, 1998 • Select Comfort Corp

This Note is issued pursuant to that certain Purchase Agreement dated as of March 27, 1997 between Company and Purchaser (the "Purchase Agreement"), and is entitled to the benefit and security of the Loan Documents provided for therein, to which reference is hereby made for a statement of all the terms and conditions under which the loan evidenced hereby is made. All capitalized terms, unless otherwise defined herein, shall have the meanings ascribed to them in the Purchase Agreement.

CSK AUTO, INC. 11% SERIES A SENIOR SUBORDINATED NOTES DUE 2006 No. 12637K AB7 $__________ CUSIP NO.
Senior Subordinated Note • April 25th, 1997 • Kragen Auto Supply Co • Retail-auto & home supply stores • New York
Contract
Senior Subordinated Note • March 24th, 2006 • Volcano CORP

THIS 15% SENIOR SUBORDINATED NOTE DUE 2008 AND THE INDEBTEDNESS AND OTHER PAYMENT OBLIGATIONS EVIDENCED HEREBY ARE AND SHALL AT ALL TIMES BE AND REMAIN SUBORDINATED IN RIGHT OF PAYMENT TO THE EXTENT AND IN THE MANNER SET FORTH IN THOSE CERTAIN SUBORDINATION AGREEMENTS DATED AS OF EVEN DATE HEREWITH BY AND AMONG VOLCANO THERAPEUTICS, INC., FFC PARTNERS II, L.P., FFC EXECUTIVE PARTNERS II, L.P. AND SILICON VALLEY BANK AND VOLCANO THERAPEUTICS, INC., FFC PARTNERS II, L.P., FFC EXECUTIVE PARTNERS II, L.P. AND VENTURE LENDING & LEASING III, INC.

Contract
Senior Subordinated Note • October 10th, 2013 • LTN Staffing, LLC • Services-help supply services • Delaware

THIS 2013 AMENDED AND RESTATED SENIOR SUBORDINATED NOTE AND THE INDEBTEDNESS EVIDENCED HEREBY ARE SUBORDINATED IN THE MANNER AND TO THE EXTENT SET FORTH IN THAT CERTAIN SUBORDINATION AND INTERCREDITOR AGREEMENT DATED OCTOBER 17, 2007, AS AMENDED THROUGH AND AS OF THE DATE HEREOF, BY AND AMONG LTN ACQUISITION, LLC, THE MAKERS (AS DEFINED BELOW), THE PAYEE (AS DEFINED BELOW), BROOKSIDE PECKS CAPITAL PARTNERS, L.P., BROOKSIDE MEZZANINE FUND L.P. AND FIFTH THIRD BANK (AS HEREAFTER MODIFIED, AMENDED, SUPPLEMENTED AND/OR RESTATED FROM TIME TO TIME, THE “SUBORDINATION AGREEMENT”).

Contract
Senior Subordinated Note • November 19th, 2009 • Javo Beverage Co Inc • Beverages • New York

THIS SENIOR SUBORDINATED NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THIS SENIOR SUBORDINATED NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THE SECURITIES UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED.

AMENDMENT TO SENIOR SUBORDINATED NOTE
Senior Subordinated Note • August 14th, 2007 • Across America Real Estate Corp • Real estate • Colorado

THIS AMENDMENT (the “Amendment”), dated as of this 10th day of August, 2007 by and between ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 700 Seventeenth Street, Suite 1200, Denver, Colorado 80202 (“Maker”) and BOCO INVESTMENTS, LLC, a Colorado limited liability company, having an office at 103 West Mountain Ave., Fort Collins, Colorado 80524 (“Holder”).

AMENDMENT TO SENIOR SUBORDINATED NOTE
Senior Subordinated Note • October 31st, 2007 • Across America Real Estate Corp • Real estate • Colorado

THIS AMENDMENT (the “Amendment”), dated as of this 25th day of October, 2007 by and between ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 700 Seventeenth Street, Suite 1200, Denver, Colorado 80202 (“Maker”) and GDBA INVESTMENTS, LLLP, a Colorado limited liability limited partnership, having an office at 1440 Blake Street, Denver, Colorado 80202 (“Holder”).

1 EXHIBIT 10.13 SENIOR SUBORDINATED NOTE
Senior Subordinated Note • March 27th, 1998 • Home Products International Inc • Plastics products, nec
SENIOR SUBORDINATED NOTE
Senior Subordinated Note • June 24th, 2013 • Inspired Builders, Inc. • General bldg contractors - residential bldgs • California

THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR THE SECURITIES LAWS OF ANY STATE AND MAY NOT BE SOLD, TRANSFERRED, OR OTHERWISE DISPOSED OF EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER SUCH ACT AND APPLICABLE STATE SECURITIES LAWS OR PURSUANT TO AN APPLICABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF SUCH ACT AND SUCH LAWS.

AMENDMENT TO SENIOR SUBORDINATED NOTE
Senior Subordinated Note • March 31st, 2008 • Across America Real Estate Corp • Real estate • Colorado

THIS AMENDMENT (the “Amendment”), dated as of this 25th day of March, 2008 by and between ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 700 Seventeenth Street, Suite 1200, Denver, Colorado 80202 (“Maker”) and GDBA INVESTMENTS, LLLP, a Colorado limited liability limited partnership, having an office at 1440 Blake Street, Denver, Colorado 80202 (“Holder”).

EXHIBIT 10.43 GENERAL MANUFACTURED HOUSING, INC. Senior Subordinated Note due December 21, 2002
Senior Subordinated Note • January 2nd, 1997 • General Housing Inc • Mobile homes

This Note is one of the Company's Senior Subordinated Notes due December 21, 2002 (the "Notes"), originally issued in the aggregate principal amount of $17,243,295 pursuant to the Note and Warrant Purchase Agreement, dated as of December 21, 1995, as from time to time amended, between the Company and the institutional investor referred to therein. The holder of this Note is entitled to the benefits of such Note and Warrant Purchase Agreement and may enforce the agreements of the Company contained therein and exercise the remedies provided for thereby or otherwise available in respect thereof.

Contract
Senior Subordinated Note • February 13th, 2006 • Basin Water, Inc. • New York

This Note is subject to the Amended and Restated Subordination and Intercreditor Agreement, among the Holder, BWCA I, LLC and the other parties thereto, under which this Note and the Issuer’s obligations hereunder are subordinated in the manner set forth therein to the prior payment of certain obligations to the holder of Senior Indebtedness as defined therein.

ATTEST: CREDITRUST CORPORATION
Senior Subordinated Note • April 15th, 1998 • Creditrust Corp
SENIOR SUBORDINATED DEBENTURE DUE SEPTEMBER 8, 2022
Senior Subordinated Note • June 28th, 2024 • Synergy CHC Corp. • Medicinal chemicals & botanical products • Texas

THIS SENIOR SUBORDINATED DEBENTURE is one of a series of duly authorized and validly issued Senior Subordinated Debentures of Synergy CHC Corp., a Nevada corporation (the “Company”), having its principal place of business at 865 Spring Street, Westbrook, Maine 04092, designated as its Senior Subordinated Debenture due September 8, 2022 (this debenture, the “Debenture” and, collectively with the other debentures of such series, the “Debentures”).

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AMENDMENT TO SENIOR SUBORDINATED NOTE
Senior Subordinated Note • October 7th, 2009 • Capterra Financial Group, Inc. • Real estate • Colorado

THIS AMENDMENT (the “Amendment”), dated as of this 28th day of September, 2009 by and between CAPTERRA FINANCIAL GROUP, INC., formerly know as ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 1440 Blake Street, Denver, Colorado 80202 (“Maker”) and BOCO INVESTMENTS, LLC, a Colorado limited liability company, having an office at 103 West Mountain Ave., Fort Collins, Colorado 80524 (“Holder”).

PERMA-FIX ENVIRONMENTAL SERVICES, INC.
Senior Subordinated Note • August 7th, 2001 • Perma Fix Environmental Services Inc • Hazardous waste management

This Note is one of the Company's 13.50% Senior Subordinated Notes due 2006 (the "Notes"), originally issued in the aggregate principal amount of $5,625,000 pursuant to the Note and Warrant Purchase Agreement, dated as of July 31, 2001, as from time to time amended, among the Company and the institutional investors named therein. The holder of this Note is entitled to the benefits of such Note and Warrant Purchase Agreement, as from time to time amended, and may enforce the agreements of the Company contained therein and exercise the remedies provided for thereby or otherwise available in respect thereof.

Contract
Senior Subordinated Note • August 21st, 2007 • Advanced Communications Technologies Inc • Services-business services, nec

THIS NOTE WAS ISSUED IN A PRIVATE PLACEMENT, WITHOUT REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), AND MAY NOT BE SOLD, ASSIGNED, PLEDGED OR OTHERWISE TRANSFERRED (I) IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT UNDER THE ACT COVERING THE TRANSFER OR PURSUANT TO AN EXEMPTION FROM REGISTRATION AND (II) EXCEPT IN COMPLIANCE WITH SECTION 9.1 OF THAT CERTAIN NOTE PURCHASE AGREEMENT (THE “NOTE PURCHASE AGREEMENT”) DATED AS OF AUGUST 17, 2007, AMONG THE ISSUERS, THE NOTE PURCHASERS (AS DEFINED THEREIN) AND THE GUARANTORS PARTY THERETO.

21ST CENTURY HOLDING COMPANY 6% SENIOR SUBORDINATED NOTE DUE JULY 31, 2006
Senior Subordinated Note • May 2nd, 2006 • 21st Century Holding Co • Fire, marine & casualty insurance

This Note is one of a series of Senior Subordinated Notes (herein called the "Notes") issued pursuant to the Unit Purchase Agreement, dated as of July 31, 2003 (as from time to time amended, supplemented or modified, the "Unit Purchase Agreement"), between the Company and the respective Purchasers named therein and is entitled to the benefits thereof. Each holder of this Note will be deemed, by its acceptance hereof, (i) to have agreed to the confidentiality provisions set forth in Section 20 of the Unit Purchase Agreement and (ii) to have made the representations set forth in Section 6 of the Unit Purchase Agreement.

Contract
Senior Subordinated Note • February 13th, 2006 • Basin Water, Inc. • New York

This Note is subject to the Subordination and Intercreditor Agreement, dated as of , 200 , among the Issuer, the Holder, BWCA I, LLC and the other parties thereto, under which this Note and the Issuer’s obligations hereunder are subordinated in the manner set forth therein to the prior payment of certain obligations to the holder of Senior Indebtedness as defined therein.

AMENDMENT TO SENIOR SUBORDINATED NOTE
Senior Subordinated Note • March 31st, 2008 • Across America Real Estate Corp • Real estate • Colorado

THIS AMENDMENT (the “Amendment”), dated as of this 25th day of March, 2008 by and between ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 700 Seventeenth Street, Suite 1200, Denver, Colorado 80202 (“Maker”) and BOCO INVESTMENTS, LLC, a Colorado limited liability company, having an office at 103 West Mountain Ave., Fort Collins, Colorado 80524 (“Holder”).

EXHIBIT 4.1 21ST CENTURY HOLDING COMPANY 6% SENIOR SUBORDINATED NOTE DUE JULY 31, 2006 No. ______ July 31, 2003 $__________ FOR VALUE RECEIVED, the undersigned, 21ST CENTURY HOLDING COMPANY (herein called the "Company"), a corporation organized and...
Senior Subordinated Note • August 14th, 2003 • 21st Century Holding Co • Fire, marine & casualty insurance

This Note is one of a series of Senior Subordinated Notes (herein called the "Notes") issued pursuant to the Unit Purchase Agreement, dated as of July 31, 2003 (as from time to time amended, supplemented or modified, the "Unit Purchase Agreement"), between the Company and the respective Purchasers named therein and is entitled to the benefits thereof. Each holder of this Note will be deemed, by its acceptance hereof, (i) to have agreed to the confidentiality provisions set forth in Section 20 of the Unit Purchase Agreement and (ii) to have made the representations set forth in Section 6 of the Unit Purchase Agreement.

FORM OF NOTE
Senior Subordinated Note • December 30th, 1996 • Aurora Electronics Inc • Wholesale-computers & peripheral equipment & software • New York
21ST CENTURY HOLDING COMPANY 6% SENIOR SUBORDINATED NOTE DUE SEPTEMBER 29, 2007
Senior Subordinated Note • May 2nd, 2006 • 21st Century Holding Co • Fire, marine & casualty insurance

This Note is one of a series of Senior Subordinated Notes (herein called the “Notes”) issued pursuant to the Unit Purchase Agreement, dated as of September 29, 2004 (as from time to time amended, supplemented or modified, the “Unit Purchase Agreement”), between the Company and the respective Purchasers named therein and is entitled to the benefits thereof. Each holder of this Note will be deemed, by its acceptance hereof, (i) to have agreed to the confidentiality provisions set forth in Section 20 of the Unit Purchase Agreement and (ii) to have made the representations set forth in Section 6 of the Unit Purchase Agreement.

Senior Subordinated Note
Senior Subordinated Note • March 8th, 2010 • Mirion Technologies, Inc. • Measuring & controlling devices, nec

FOR ,VALUE RECEIVED, the undersigned, MGP Instruments, Inc., a Delaware corporation (the “Borrower”), hereby promises to pay to the order of the Purchaser set forth above (the “Purchaser”) the principal amount set forth above or, if less, the aggregate unpaid principal amount of this Senior Subordinated Note ( the “Senior Subordinated Note”) set forth above, payable at such times, and in such amounts, as are specified in the Note and Equity Purchase Agreement, dated as of June 23, 2004, among the Borrower, Dosimetry Acquisitions (U.S.), Inc., American Capital Financial Services, Inc., as Agent, and the other parties thereto, as the same may be amended, restated, supplemented or otherwise modified from time to time (the “Purchase Agreement”).

AMENDMENT TO SENIOR SUBORDINATED NOTE
Senior Subordinated Note • October 31st, 2007 • Across America Real Estate Corp • Real estate • Colorado

THIS AMENDMENT (the “Amendment”), dated as of this 25th day of October, 2007 by and between ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 700 Seventeenth Street, Suite 1200, Denver, Colorado 80202 (“Maker”) and BOCO INVESTMENTS, LLC, a Colorado limited liability company, having an office at 103 West Mountain Ave., Fort Collins, Colorado 80524 (“Holder”).

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