Examples of Subordinating Lender in a sentence
In such case, Subordinating Lender shall immediately remit such payment or distribution to Senior Lender.
Subordinating Lender shall not take any action which in Senior Lender's judgment might cause Borrower to violate the Senior Loan Agreement or any other agreement between Borrower and Senior Lender.
The Subordinating Lender will not take or omit to take any action or assert any claim with respect to the Subordinated Debt or otherwise that is inconsistent with the provisions of this Agreement.
The Subordinating Lender further waives any and all rights with respect to marshalling.
If Borrower or Subordinating Lender attempts to violate Section 3(b) or Clause (i) of Article 4, or if Subordinating Lender in any other manner receives any funds which by virtue of this Agreement it is precluded from receiving, Subordinating Lender shall be deemed to hold any payment or distribution it receives in trust for Senior Lender's benefit.
All principal, interest, fees, costs, enforcement expenses (including legal fees and disbursements), collateral protection expenses and other reimbursement and indemnity obligations created or evidenced by the Note or any prior, concurrent or subsequent notes, instruments or agreements of indebtedness, liabilities or obligations of any type or form whatsoever relating thereto in favor of the Subordinating Lender.
Subordinating Lender and Borrower each waive any right it may have to plead forum non-conveniens or otherwise to object to venue, and hereby consents to any court-ordered relief.
If Subordinating Lender attempts to violate Clause (iii) of Article 4, Borrower may interpose as a defense or plea the making of this Agreement, and Senior Lender may intervene and interpose such defense or plea in its own or Borrower's name.
It is expressly understood and agreed that except for such subordination, the Existing Deed of Trust now held by Subordinating Lender and all and singular the terms and conditions thereof shall be and remain in full force and effect.
Subordinating Lender and Borrower shall each promptly notify Senior Lender of all defaults, events of default, and events which with the giving of notice or the passage of time, or both, would become events of default ("unmatured events of default") under any Junior Debt Document.