Exhibit 10.12 SUBORDINATION AGREEMENT ------------------- ----------------- ----------------- ---------------- Principal Loan Date Maturity Loan No. $250,000.00 06-09-2009 09-09-2010 930610000 ------------------- ----------------- -----------------...Subordination Agreement • September 18th, 2009 • Amexdrug Corp • Wholesale-drugs, proprietaries & druggists' sundries • California
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "***" has been omitted due to text length limitations.
ContractSubordination Agreement • October 9th, 2022
Subordination Agreement - Financing Section 232 U.S. Department of Housing and Urban Development Office of Residential Care Facilities OMB Approval No. 2502-0605 (exp. 11/30/2022)
SUBORDINATION AGREEMENT DATED MARCH 3, 2008Subordination Agreement • March 4th, 2008 • Galaxy Energy Corp • Crude petroleum & natural gas • New York
This SUBORDINATION AGREEMENT (this “Agreement”), dated as of March 3, 2008 is among GALAXY ENERGY CORPORATION, a Colorado corporation (“Borrower”), DOLPHIN ENERGY CORPORATION, a Nevada corporation, and PANNONIAN INTERNATIONAL, LTD., a Colorado corporation (each such corporation, including Borrower, and together with each other obligor who becomes a party to this Agreement each an “Obligor” and, together, “Obligors”), BRUNER FAMILY TRUST UTD MARCH 28, 2005 (“Bruner Trust”, together with any transferees or holders from time to time of the Subordinated Note (as defined below), each a “Subordinated Creditor”, and collectively the “Subordinated Creditors”), and HFTP INVESTMENTS LLC, PROMETHEAN II MASTER, L.P., PROMETHEAN I MASTER LTD., CAERUS PARTNERS LLC, AG OFFSHORE CONVERTIBLES, LTD., and LEONARDO, L.P., (collectively, and together with any transferees or holders from time to time of the Notes (as defined below), hereinafter, the “Lenders”), and PROMETHEAN ASSET MANAGEMENT L.L.C., a Dela
SUBORDINATION AGREEMENT PRIVATE ENTITY – TEL (Forward) (Revised 6-27-2023)Subordination Agreement • May 10th, 2023
THIS SUBORDINATION AGREEMENT (“Agreement”) is entered into this ___ day of ____________________, 20__, by and between (i) [NAME OF FISCAL AGENT], a ___________ organized and existing under the laws of the [State] [Commonwealth] of _________ (“Senior Lender”) and (ii) [NAME OF SUBORDINATE LENDER], a ____________ organized and existing under the laws of the [State] [Commonwealth] of _________ (“Subordinate Lender”).
RECITALS:Subordination Agreement • September 22nd, 2005 • Firstplus Financial Group Inc • Personal credit institutions • Texas
AMENDED AND RESTATED SUBORDINATION AGREEMENTSubordination Agreement • January 13th, 2012 • Bioheart, Inc. • Services-commercial physical & biological research • Illinois
This AMENDED AND RESTATED SUBORDINATION AGREEMENT (hereinafter “Agreement”) is entered into and is effective this ___ day of __________ 2012 by and between BlueCrest Venture Finance Master Fund Limited, a Cayman Islands limited company, PO Box 309, Ugland House, South Church Street, George Town, Cayman Islands (“BlueCrest”), and Greystone Capital Partners (“Lender”).
EXHIBIT 10.22Subordination Agreement • May 15th, 2008 • Spare Backup, Inc. • Services-prepackaged software • California
SUBORDINATION AGREEMENTSubordination Agreement • December 13th, 2012 • CCOM Group, Inc. • Wholesale-hardware & plumbing & heating equipment & supplies • New York
This SUBORDINATION AGREEMENT (as the same may from time to time be amended, restated or otherwise modified, this “Agreement”) is made and entered into, as of November __, 2012, by and among CCOM GROUP, INC., a New York corporation (“Debtor”), JOHN A. HILDEBRANDT, an individual (the “Subordinated Creditor”), and KEYBANK NATIONAL ASSOCIATION, a national banking association (“Lender”).
ContractSubordination Agreement • February 14th, 2024
Subordination[, Non-Disturbance and Attornment] Agreement of Operator Lease U.S. Department of Housing and Urban Development Office of Residential Care Facilities OMB Approval No. 2502-0605 (exp. 11/30/2022)
Exhibit 10.1 ------------ SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT (hereinafter referred to as this "Agreement"), is made and entered into this 27th day of June, 2008, by and between Wachovia Corporation, a National Banking Association...Subordination Agreement • July 14th, 2008 • Transbotics Corp • Electrical industrial apparatus • North Carolina
SUBORDINATION AGREEMENT AND LIMITED LIEN WAIVERSubordination Agreement • May 31st, 2021
the document is signed ) "Subordinating Party" who hereby grants, to the extent specified in Part II of this document, the following subordination and limited lien waiver to the United States of America (United States) by and through the Natural Resources Conservation Service or the Commodity Credit Corporation, as indicated above. The property described below is encumbered with an easement as described in the attached Warranty Easement Deed.
VIDEOTRON LTD./VIDÉOTRON LTÉE 3.625% SENIOR NOTES DUE JUNE 15, 2028Subordination Agreement • March 24th, 2022 • Videotron Ltee • Cable & other pay television services
acquired in compliance with applicable securities laws and regulations in Canada and with any applicable blue sky securities laws of any state of the United States.
ContractSubordination Agreement • April 28th, 2011 • Perfumania Holdings, Inc. • Retail-miscellaneous retail • New York
THIS AMENDED AND RESTATED SUBORDINATED PROMISSORY NOTE (THIS “NOTE”) IS SUBJECT TO A SUBORDINATION AGREEMENT DATED AS OF JANUARY 7, 2011 (AS AMENDED, THE “SUBORDINATION AGREEMENT”) AMONG THE HOLDER OF THIS NOTE, HOLDERS OF CERTAIN OTHER PROMISSORY NOTES OF THE MAKER OF THIS NOTE AND WELLS FARGO BANK, NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION, IN ITS CAPACITY AS ADMINISTRATIVE AND COLLATERAL AGENT PURSUANT TO THE SENIOR CREDITOR AGREEMENTS (AS DEFINED IN THE SUBORDINATION AGREEMENT) ACTING FOR AND ON BEHALF OF THE PARTIES THERETO AS LENDERS. PAYMENT OF THIS NOTE IS SUBORDINATE IN RIGHT OF PAYMENT TO THE SENIOR DEBT (AS DEFINED IN THE SUBORDINATION AGREEMENT) AND SUBJECT TO THE TERMS AND CONDITIONS OF THE SUBORDINATION AGREEMENT. BY ITS ACCEPTANCE OF THIS NOTE, THE HOLDER HEREOF AGREES TO BE BOUND BY THE PROVISIONS OF SUCH SUBORDINATION AGREEMENT TO THE SAME EXTENT THAT THE SUBORDINATED LENDER (AS DEFINED THEREIN) IS BOUND.
SUBORDINATION AGREEMENTSubordination Agreement • January 25th, 2024 • SANUWAVE Health, Inc. • Surgical & medical instruments & apparatus
This SUBORDINATION AGREEMENT, dated as of January 21, 2024, is between NH EXPANSION CREDIT FUND HOLDINGS LP (“North Haven Expansion”), as agent for the Holders (as hereafter defined; in such capacity, together with its successors or permitted assigns, “Agent”), and the creditors set forth on the signature pages hereto (“Creditors”).
EX-4.6 10 dex46.htm AMENDED AND SUBSTITUTED UNSECURED SUBORDINATED PROMISSORY NOTESubordination Agreement • May 5th, 2020 • Delaware
THIS INSTRUMENT AND THE OBLIGATIONS EVIDENCED HEREBY ARE EXPRESSLY SUBORDINATED PURSUANT TO THAT CERTAIN SUBORDINATION AGREEMENT, DATED AS OF AUGUST 15, 2006 (THE “SUBORDINATION AGREEMENT”), AMONG THE PAYEE OF THIS INSTRUMENT AND ITS AFFILIATES, IRWIN UNION BANK, F.S.B. (THE “SENIOR CREDITOR”), AND METROPARK USA, INC., A DELAWARE CORPORATION, FORMERLY KNOWN AS SANTA BARBARA STREET ASYLUM, INC. (“BORROWER”). EACH SUCCESSIVE HOLDER OF THIS INSTRUMENT OR ANY PORTION HEREOF, OR OF ANY RIGHTS OBTAINED HEREUNDER, BY ITS ACCEPTANCE HEREOF OR THEREOF, AGREES (1) TO BE BOUND BY THE TERMS OF THE SUBORDINATION AGREEMENT AND (2) THAT IF ANY CONFLICT EXISTS BETWEEN THE TERMS OF THIS INSTRUMENT OR ANY DOCUMENT EXECUTED IN CONNECTION WITH THE DELIVERY OF THIS INSTRUMENT AND THE TERMS OF THE SUBORDINATION AGREEMENT, THE TERMS OF THE SUBORDINATION AGREEMENT SHALL GOVERN AND BE CONTROLLING.
SW PARENTCO, INC. SECURED CONVERTIBLE NOTE PURCHASE AGREEMENTSubordination Agreement • June 8th, 2023 • Lewis & Clark Ventures I, LP • Biological products, (no disgnostic substances) • Delaware
This Secured Convertible Note Purchase Agreement, dated as of May 29, 2023 (this “Agreement”), is entered into by and among SW ParentCo, Inc., a Delaware corporation (the “Company”), and the undersigned persons and entities (each an “Investor” and, collectively, the “Investors”).
SUBORDINATION AGREEMENTSubordination Agreement • April 10th, 2008 • Rapid Link Inc • Telephone communications (no radiotelephone) • New York
This Subordination Agreement (this “Agreement”) is entered into as of the ____ day of March, 2008, by and among APEX Acquisitions, Inc. (the “Subordinated Lender”) and LV Administrative Services, Inc., a Delaware corporation, as agent (in such capacity, the “Agent”) for itself and the Lenders from time to time party to the Security Agreement referred to below (each, a “Lender” and, together with the Agent, the “Senior Lenders” ). Unless otherwise defined herein, capitalized terms used herein shall have the meaning provided such terms in the Security Agreement referred to below.
SUBORDINATION AGREEMENTSubordination Agreement • April 7th, 2017 • Kahn Jonathan Efrem • Grain mill products • Illinois
THIS SUBORDINATION AGREEMENT (this “Agreement”) is entered into as of this April 7, 2017, by and among each of the undersigned subordinated lenders listed on the signature pages hereto as “Subordinated Creditors” (collectively, “Subordinated Creditor”), AGRITECH WORLDWIDE, INC., a Nevada corporation, (“Company”), the Senior Lenders (as defined belwo) and GKS FUNDING, LLC, as Agent for the Senior Lenders (in such capacity “Agent”).
SUBORDINATION AGREEMENTSubordination Agreement • December 22nd, 2005
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT.
ContractSubordination Agreement • August 6th, 2008 • Mru Holdings Inc • Loan brokers • New York
THIS NOTE AND THE INDEBTEDNESS EVIDENCED HEREBY ARE SUBORDINATE IN THE MANNER AND TO THE EXTENT SET FORTH IN THAT CERTAIN SUBORDINATION AGREEMENT (AS AMENDED, RESTATED, SUPPLEMENTED, OR OTHERWISE MODIFIED FROM TIME TO TIME, THE “SUBORDINATION AGREEMENT”) DATED AS OF JULY 31, 2008 AMONG MRU HOLDINGS, INC., A DELAWARE CORPORATION, [●], AND VIKING ASSET MANAGEMENT L.L.C., A CALIFORNIA LIMITED LIABILITY COMPANY, TO THE SENIOR INDEBTEDNESS (AS DEFINED IN THE SUBORDINATION AGREEMENT); AND EACH HOLDER OF THIS NOTE, BY ITS ACCEPTANCE HEREOF, SHALL BE BOUND BY THE PROVISIONS OF THE SUBORDINATION AGREEMENT.
SUBORDINATION AGREEMENTSubordination Agreement • April 18th, 2011 • Genmed Holding Corp • Commercial printing
WHEREAS, the Company, through its 100% Dutch daughter entity Genmed B.V., is in the process of securing funding through the issuances of interest bearing bonds.
R E C I T A L SSubordination Agreement • May 6th, 1998 • Pomeroy Computer Resources Inc • Wholesale-computers & peripheral equipment & software
EXHIBIT 10.3 AMENDED AND RESTATED SUBORDINATION AGREEMENT THIS AMENDED AND RESTATED SUBORDINATION AGREEMENT (this "AGREEMENT") is made and entered into as of January 25, 2006, by and among REFAC, a Delaware corporation ("SUBORDINATED LENDER"),...Subordination Agreement • January 31st, 2006 • Opticare Health Systems Inc • Services-specialty outpatient facilities, nec • Maryland
Exhibit 10.12 FIRST AMENDMENT TO SUBORDINATION AGREEMENT THIS FIRST AMENDMENT TO SUBORDINATION AGREEMENT ("Amendment") is made and entered as of July 2nd, 2003, by and among PETRA MEZZANINE FUND, L.P., a Delaware limited partnership ("Subordinating...Subordination Agreement • July 16th, 2003 • Find SVP Inc • Services-engineering, accounting, research, management • New York
EXHIBIT 4.4 THIS NOTE IS SUBJECT TO THE PROVISIONS OF THE AMENDED AND RESTATED SUBORDINATION AGREEMENT DATED AS OF NOVEMBER 17, 2003 (THE "SUBORDINATION AGREEMENT") BY AND AMONG BANK ONE, NA, GUGGENHEIM INVESTMENT MANAGEMENT, LLC, AS AGENT FOR THE...Subordination Agreement • November 24th, 2003 • North Atlantic Trading Co Inc • Tobacco products • New York
THIS NOTE IS SUBJECT TO THE PROVISIONS OF THE AMENDED AND RESTATED SUBORDINATION AGREEMENT DATED AS OF NOVEMBER 17, 2003 (THE "SUBORDINATION AGREEMENT") BY AND AMONG BANK ONE, NA, GUGGENHEIM INVESTMENT MANAGEMENT, LLC, AS AGENT FOR THE CLASS B LENDERS, THE CLASS B LENDERS, NORTH ATLANTIC TRADING COMPANY, INC. AND ITS SUBSIDIARIES. NOTWITHSTANDING ANY CONTRARY STATEMENT CONTAINED IN THE WITHIN INSTRUMENT, NO PAYMENT ON ACCOUNT OF ANY OBLIGATION ARISING FROM OR IN CONNECTION WITH THE WITHIN INSTRUMENT OR ANY RELATED AGREEMENT (WHETHER OF PRINCIPAL, INTEREST OR OTHERWISE) SHALL BE MADE, PAID, RECEIVED OR ACCEPTED EXCEPT IN ACCORDANCE WITH THE TERMS OF SAID SUBORDINATION AGREEMENT.
EX1A-3 HLDRS RTS 7 d212592dex1a3hldrsrts2.htm FORM OF SUBORDINATION AGREEMENT SUBORDINATION AGREEMENTSubordination Agreement • May 5th, 2020 • Oregon
This Subordination Agreement (this “Agreement”) is made and entered into effective as of this day of , 2018, by and between Carr Butterfield, LLC, as collateral agent (the “Collateral Agent”) for the Senior Noteholders (as defined below) and each Junior Noteholder (as defined below) who executes and delivers a copy of the signature page to this Agreement.
SUBORDINATION AGREEMENT (Respecting Leonite Note)Subordination Agreement • April 22nd, 2020 • 1847 Goedeker Inc. • New York
This Subordination Agreement (this “Agreement”) is made as of April 5, 2019, by the Leonite Capital, LLC, a Delaware limited liability company (the “Subordinated Creditor”), in favor of Small Business Community Capital II, L.P., a Delaware limited partnership (the “Senior Lender”). Capitalized terms used, but not otherwise defined, in this Agreement have the meanings ascribed to them in the Loan Agreement (as hereinafter defined).
EXHIBIT 10.31 AMENDED AND RESTATED SUBORDINATION AGREEMENT THIS AMENDED AND RESTATED SUBORDINATION AGREEMENT (this "Agreement"), dated as of September 16, 2005, is by and among Bank of America, N.A. (successor in interest to Fleet National Bank) (the...Subordination Agreement • October 5th, 2005 • Dover Saddlery Inc • Retail-miscellaneous shopping goods stores • Massachusetts
SUBORDINATION AGREEMENTSubordination Agreement • November 15th, 2020
SUBORDINATION AGREEMENTSubordination Agreement • August 4th, 2015 • Nobilis Health Corp. • Services-general medical & surgical hospitals, nec • New York
THIS SUBORDINATION AGREEMENT (this “Agreement”) is entered into as of July 30, 2015, by and among the holders of the Subordinated Debt (as defined below) signatory hereto from time to time and their permitted successors and assigns (collectively, the “Subordinated Creditor”), and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, in its capacity as agent for the lenders under the Senior Credit Agreement (as defined below) (together with its successors and assigns, in such capacity, the “Senior Creditor Agent”), and is consented to and acknowledged by NOBILIS HEALTH CORP., a corporation formed under the laws of the province of British Columbia (the “Company”), as Parent and guarantor of the Senior Debt (as defined below).
EXHIBIT 4.34 SUBORDINATION AGREEMENT This Agreement, dated as of November 8, 2005, is made by RONALD A. HIRSCH, a single man and resident of California, and STEPHEN D. SEYMOUR, a married man and resident of Maryland (collectively, the "SUBORDINATED...Subordination Agreement • January 17th, 2006 • Nord Resources Corp • Mining & quarrying of nonmetallic minerals (no fuels) • Arizona
EX-10.5 6 dex105.htm SUBORDINATION AGREEMENT WITH SILICON VALLEY BANK SUBORDINATION AGREEMENTSubordination Agreement • May 5th, 2020
THIS SUBORDINATION AGREEMENT is made this 31st day of October, 2005, among ACT TELECONFERENCING, INC., a corporation organized under the laws of the State of Colorado (the “Company”), DOLPHIN DIRECT EQUITY PARTNERS, LP (the “Subordinated Creditor”), and SILICON VALLEY BANK, a national banking association (the “Lender”).
ContractSubordination Agreement • August 6th, 2008 • Mru Holdings Inc • Loan brokers • New York
This SUBORDINATION AGREEMENT (this “Agreement”), dated as of July 31, 2008, is among MRU Holdings, Inc., a Delaware corporation (the “Company”), [●] (the “Subordinated Creditor”), the Buyers (as defined in the Purchase Agreement described below), and Viking Asset Management, LLC, a California limited liability company, in its capacity as collateral agent for itself and for the Buyers (including any successor agent, hereinafter, the “Collateral Agent”).
SUBORDINATION AGREEMENT AND LIMITED LIEN WAIVERSubordination Agreement • February 5th, 2022
SUBORDINATION AGREEMENTSubordination Agreement • February 19th, 2008 • Restoration Hardware Inc • Retail-furniture stores • New York
SUBORDINATION AGREEMENT, dated as of January 24, 2008 (this “Agreement”), among (i) BANK OF AMERICA, N.A., as Agent under the Credit Agreement (defined below), (ii) Catterton Partners VI, L.P. (the “Subordinating Creditor”), and (iii) Restoration Hardware, Inc. and The Michaels Furniture Company, Inc. (collectively, the “Borrower”).
