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.
If Subordinating Lender attempts to violate Clause (ii) of Article 4, Senior Lender (in Senior Lender's or Borrower's name) or Borrower may seek injunctive or other equitable relief to prevent or stop Subordinating Lender's actions, it being agreed that legal remedies may be inadequate.
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.
This Agreement shall continue in full force and effect, and the obligations and agreements of the Subordinating Lender and the Borrowers hereunder shall continue to be fully operative, until all of the Senior Debt shall have been paid and satisfied in full in cash and such full payment and satisfaction shall be final and not avoidable.
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.
Nothing contained in this Agreement shall preclude Senior Lender from discontinuing its extension of credit to Borrower (whether under the Senior Loan Agreement or otherwise) or from taking (without notice to Subordinating Lender, Borrower, or any other individual or entity) any other action in respect of the Senior Debt or the Collateral which Senior Lender is otherwise entitled to take with respect to the Senior Debt or the Collateral.
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.
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.
The Subordinating Lender further waives any and all rights with respect to marshalling.