Common use of Subordinated Debt Clause in Contracts

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Agent and the Majority Banks in writing.

Appears in 7 contracts

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit (Mapics Inc)

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Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Agent and the Majority Banks Required Lenders in writing.

Appears in 7 contracts

Samples: Credit Agreement (Staples Inc), Credit Agreement (Staples Inc), Credit Agreement (Staples Inc)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Agent and the Majority Banks Lenders in writing.

Appears in 4 contracts

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (SeaCube Container Leasing Ltd.)

Subordinated Debt. Unsecured Indebtedness of the Borrower Company or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, Obligations on terms satisfactory to the Agent and the Banks and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Agent and the Majority Banks in writingSubordinated Debt Documents.

Appears in 3 contracts

Samples: Loan Agreement (Holmes Group Inc), Revolving Credit Agreement (Holmes Products Corp), And Term Loan Agreement (Holmes Products Corp)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Agent and the Majority Banks in writing.

Appears in 3 contracts

Samples: Revolving Credit Agreement (National Auto Finance Co Inc), Revolving Credit Agreement (HPSC Inc), Revolving Credit Agreement (Ionics Inc)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries Borrowers that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a subordination agreement or by another written instrument containing subordination provisions in form and substance approved by the Administrative Agent and the Majority Banks in writing.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Waste Industries Usa Inc), Revolving Credit Agreement (Waste Industries Usa Inc), Revolving Credit Agreement (Waste Industries Inc)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Agent and the Majority Banks Required Lenders in writing.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Yankee Candle Co Inc), Revolving Credit Agreement (Yankee Candle Co Inc)

Subordinated Debt. Unsecured Indebtedness of the Borrower any Loan Party or any of its ----------------- respective Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Administrative Agent and the Majority Banks Lenders in writing.

Appears in 2 contracts

Samples: Term Loan Agreement (CAI International, Inc.), Term Loan Agreement (CAI International, Inc.)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Administrative Agent and after consultation with the Majority Banks in writingRequired Lenders.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Barnes Group Inc), Revolving Credit Agreement (Barnes Group Inc)

Subordinated Debt. Unsecured Indebtedness of the Borrower any Obligor or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Agent and the Majority Banks Required Lenders in writingwriting (such approval not to be unreasonably withheld or delayed).

Appears in 2 contracts

Samples: Credit Agreement (Lionbridge Technologies Inc /De/), Credit Agreement (Lionbridge Technologies Inc /De/)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Agent and the Majority Banks in writing.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Marcam Corp)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a subordination agreement or by another written instrument containing subordination provisions in form and substance approved by the Agent and the Majority Banks in writing.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Bridgestreet Accommodations Inc), Revolving Credit Agreement (Provant Inc)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Administrative Agent and the Majority Banks Lenders in writing.

Appears in 2 contracts

Samples: Term Loan Agreement (CAI International, Inc.), Term Loan Agreement (CAI International, Inc.)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a the Subordinated Indenture or by another written instrument containing subordination provisions in form and substance approved by the Agent and the Majority Banks in writing.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Western Digital Corp), Credit and Term Loan Agreement (Western Digital Corp)

Subordinated Debt. Unsecured Indebtedness of the any Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a the Subordination Agreement or by another written instrument containing subordination provisions in form and substance approved by the Agent and the Majority Banks Bank in writing.

Appears in 1 contract

Samples: Credit Agreement (Compudyne Corp)

Subordinated Debt. Unsecured The Indebtedness of the Borrower or evidenced by the Subordinated Notes and any other unsecured Indebtedness of its ----------------- Subsidiaries any Credit Party that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a subordination and intercreditor agreement or by another written instrument containing subordination provisions in form and substance approved by the Administrative Agent in writing. Subordinated Debt Documents. The Subordinated Notes and the Majority Banks in writingSubordinated Indenture.

Appears in 1 contract

Samples: Revolving Credit Agreement (Jumpking Inc)

Subordinated Debt. Unsecured Indebtedness of the Borrower Borrowers or any of its ----------------- Subsidiaries Guarantor that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a an intercreditor agreement or by another written instrument containing subordination provisions in form and substance approved by the Agent and the Majority Banks in writing. Subordination Documents. Documents, instruments or agreements evidencing Subordinated Debt.

Appears in 1 contract

Samples: Revolving Credit Agreement (Century Aluminum Co)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries incurred in connection with any Permitted Acquisition that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Agent and the Majority Banks in writing.

Appears in 1 contract

Samples: Revolving Credit Agreement (Answerthink Inc)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any in respect of its ----------------- Subsidiaries the Subordinated Notes that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Agent and terms of the Majority Banks in writingSubordinated Notes.

Appears in 1 contract

Samples: Revolving Credit Agreement (HMT Technology Corp)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Agent and the Majority Banks in writingSubordinated Debt Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Anacomp Inc)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full in cash of the Obligations, and evidenced as such by a written instrument containing such subordination provisions in form and substance approved by the Agent and the Majority Banks in writingprovisions.

Appears in 1 contract

Samples: Multicurrency Revolving Credit Agreement (Lexmark International Inc /Ky/)

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Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries Borrowers that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions on terms and in form and substance approved by acceptable to the Administrative Agent and the Majority Banks in writingBanks.

Appears in 1 contract

Samples: Revolving Credit Agreement (Waste Connections Inc/De)

Subordinated Debt. Unsecured Indebtedness of the Borrower Company or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a the Subordinated Debt Documents or by another written instrument containing subordination provisions in form and substance approved by the Agent and the Majority Banks in writingwriting (such approval not to be unreasonably withheld or delayed).

Appears in 1 contract

Samples: Revolving Credit Agreement (Flextronics International LTD)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Agent and the Majority Banks in writing.

Appears in 1 contract

Samples: Revolving Credit Agreement (Anacomp Inc)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any in respect of its ----------------- Subsidiaries the Subordinated Notes that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Agent terms of the Indenture and the Majority Banks in writingSubordinated Notes.

Appears in 1 contract

Samples: Revolving Credit Agreement (HMT Technology Corp)

Subordinated Debt. Unsecured Indebtedness of the Borrower Borrowers or any of its ----------------- their Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Administrative Agent and the Majority Banks Lenders in writing.

Appears in 1 contract

Samples: Revolving Credit Agreement (CAI International, Inc.)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and as evidenced as such by a the Subordinated Indenture or by another written instrument containing subordination provisions and terms and conditions in form and substance approved by the Agent and the Majority Banks Lenders in advance in writing.

Appears in 1 contract

Samples: Revolving Credit Agreement (Keane Inc)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Administrative Agent and after consultation with the Majority Banks in writingRequired Lenders, including without limitation the Existing Subordinated Debt.

Appears in 1 contract

Samples: Assignment and Assumption (Barnes Group Inc)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions agreement pursuant to which the Borrower incurs such unsecured subordinated Indebtedness, in each case on terms and in form and substance approved by satisfactory to the Agent and the Majority Banks in writingBank.

Appears in 1 contract

Samples: Revolving Credit Agreement (Transact Technologies Inc)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries Borrowers that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions on terms and in form and substance approved by acceptable to the Agent and the Majority Banks in writingBanks.

Appears in 1 contract

Samples: Revolving Credit Agreement (Waste Connections Inc/De)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument containing subordination provisions in form and substance approved by the Agent and the Majority Banks in writing.

Appears in 1 contract

Samples: Credit Agreement (First Virtual Communications Inc)

Subordinated Debt. Unsecured Indebtedness of the Borrower Borrowers or any of its ----------------- Subsidiaries Guarantor that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a an intercreditor agreement or by another written instrument containing subordination provisions in form and substance approved by the Agent and the Majority Banks in writing.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Century Aluminum Co)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a written instrument the Subordinated Debt Documents and containing subordination provisions in form and substance approved by the Agent and the Majority Banks in writing.

Appears in 1 contract

Samples: Revolving Credit Agreement (Varian Semiconductor Equipment Associates Inc)

Subordinated Debt. Unsecured Indebtedness of the Borrower or any of its ----------------- Subsidiaries that is expressly subordinated and made junior to the payment and performance in full of the Obligations, and evidenced as such by a the Subordinated Indenture or by another written instrument containing subordination provisions in form and substance approved by the Agent and the Majority Banks in writing. Subordinated Debt Documents. The Subordinated Purchase Agreement, the Subordinated Indenture, the Subordinated Registration Rights Agreement and the Subordinated Notes.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Flextronics International LTD)

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