Subordinated Obligations. The collective reference to the unpaid principal and interest on the Subordinated Notes and all other obligations and liabilities of any Borrower or any Guarantor to the Subordinated Lenders (including, without limitation, interest accruing at the then applicable rate provided in the Subordinated Notes after the maturity of the Subordinated Loans and interest accruing at the then applicable rate provided in the Subordinated Notes after the
... filing of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like proceeding, relating to any Borrower, whether or not a claim for post-filing or post-petition interest is allowed in such proceeding), whether direct or indirect, absolute or contingent, due or to become due, or now existing or hereafter incurred, which may arise under, out of, or in connection with, the the Subordinated Notes, this Agreement, or any other Subordinated Loan Document, in each case whether on account of principal, interest, reimbursement obligations, fees, indemnities, costs, expenses or otherwise (including, without limitation, all fees and disbursements of counsel to the Subordinated Lenders that are required to be paid by any Borrower pursuant to the terms of the Subordinated Notes or this Agreement or any other Subordinated Loan Document).
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Subordinated Obligations.
The means the collective reference to the unpaid principal
of and interest on the Subordinated
Notes Note and all other
obligations and liabilities Indebtedness of
any Borrower or any Guarantor Issuer owing to
the Subordinated Lenders (including, without limitation, interest accruing at the then applicable rate provided
in the Subordinated Notes therein after the maturity of the Subordinated
Loans Note and interest accruing at the then applicable rate provided in the Subordinated
Notes Note... after the filing of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like proceeding, relating to any Borrower, Issuer, whether or not a claim for post-filing or post-petition interest is allowed in such proceeding), whether direct or indirect, absolute or contingent, due or to become due, or now existing or hereafter incurred, which may arise under, out of, or in connection with, the the Subordinated Notes, Note, this Agreement, or any other Subordinated Loan Document, in each case whether on account of principal, interest, reimbursement obligations, fees, indemnities, costs, expenses or otherwise (including, without limitation, all fees and disbursements of counsel to the Subordinated Lenders that are required to be paid by any Borrower Issuer pursuant to the terms of the Subordinated Notes or this Agreement or any other Subordinated Loan Document). Document); provided, however, that Subordinated Obligations shall not include obligations for compensation, employee benefits and reimbursement of related costs incurred in the Ordinary Course of Business, to the extent any of the foregoing constitutes Indebtedness, and to the extent such Indebtedness is permitted by the Securities Purchase Agreement.
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Subordinated Obligations.
The the collective reference to the unpaid principal and interest on the Subordinated
Notes Note and all other obligations and liabilities of any
Borrower or any Guarantor of the Credit Parties to the Subordinated Lenders (including, without limitation, interest accruing at the then applicable rate provided in the Subordinated
Notes Loan Documents after the maturity of the Subordinated
Loans Loan and interest accruing at the then applicable rate provided in the Subordinated
Notes Loan Documents... after the filing of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like proceeding, relating to any the Borrower, whether or not a claim for post-filing or post-petition interest is allowed in such proceeding), whether direct or indirect, absolute or contingent, due or to become due, or now existing or hereafter incurred, which may arise under, out of, or in connection with, the Subordinated Loan Documents, the Subordinated Notes, Note, this Agreement, or any other Subordinated Loan Document, in each case whether on account of principal, interest, reimbursement obligations, fees, indemnities, costs, expenses or otherwise (including, without limitation, all fees and disbursements of counsel to the Subordinated Lenders that are required to be paid by any Borrower Credit Party pursuant to the terms of the Subordinated Notes or this Agreement or any other Subordinated Loan Document).
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Subordinated Obligations.
The the collective reference to the unpaid principal and interest on the Subordinated
Notes Notes, the Subordinated Reimbursement Rights, and all other obligations and liabilities of
any Borrower or any Guarantor the Credit Parties to the Subordinated Lenders (including, without limitation, interest accruing at the then applicable rate provided in the Subordinated Notes after the maturity
of the Subordinated Loans thereof and interest accruing at the then applicable rate provided in the
... Subordinated Notes after the filing of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like proceeding, relating to any Borrower, Credit Party, whether or not a claim for post-filing or post-petition interest is allowed in such proceeding), whether direct or indirect, absolute or contingent, due or to become due, or now existing or hereafter incurred, which may arise under, out of, or in connection with, the the Subordinated Notes, the Bank of Commerce Agreement, this Agreement, or any other Subordinated Loan Document, in each case whether on account of principal, interest, reimbursement obligations, fees, indemnities, costs, expenses or otherwise (including, without limitation, all fees and disbursements of counsel to the Subordinated Lenders that are required to be paid by any Borrower Credit Party pursuant to the terms of the Subordinated Notes or this Agreement or any other Subordinated Loan Document). For purposes of clarification, it is expressly understood and agreed that the Subordinated Obligations do not include any past, present or future amounts paid, payable or owing to either or both of the Subordinated Lenders in connection with or arising under any employment agreement, bonus, or other arrangement or agreement to the extent relating to the past, present or future employment of either or both of the Subordinated Lenders with any of the Credit Parties.
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Subordinated Obligations.
The the collective reference to the unpaid principal and interest on the Subordinated
Notes Note, any other obligations and liabilities arising under the Subordinated Documents by any Borrower or Holding Co. to any Subordinated Creditor, and all other obligations and liabilities of any Borrower or
Holding Co. to any
Guarantor to the Subordinated
Lenders Creditor (including, without limitation,
interest accruing at the then applicable rate, if any, provided in the Subordinated Documents after... the maturity and any such interest accruing at the then applicable rate provided in the Subordinated Notes after the maturity of the Subordinated Loans and interest accruing at the then applicable rate provided in the Subordinated Notes Documents after the filing of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like proceeding, relating to any Borrower, Borrower or Holding Co., whether or not a claim for post-filing or post-petition interest is allowed in such proceeding), whether direct or indirect, absolute or contingent, due or to become due, or now existing or hereafter incurred, which may arise under, out of, or in connection with, the the Subordinated Notes, this Agreement, or any other Subordinated Loan Document, in each case whether on account of principal, interest, reimbursement obligations, fees, indemnities, costs, expenses or otherwise (including, without limitation, all fees and disbursements of counsel to the Subordinated Lenders Creditors that are required to be paid by any Borrower or Holding Co. pursuant to the terms of the Subordinated Notes or this Agreement or any other Subordinated Loan Document). INTERCREDITOR AND SUBORDINATION AGREEMENT-3
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Subordinated Obligations.
The the collective reference to the unpaid principal and interest on the Subordinated
Original Notes and the Subordinated Notes and all other obligations and liabilities of
any Borrower or any the Borrowers and the Guarantor to the Subordinated Lenders (including, without limitation, interest accruing at the then applicable rate provided in the Subordinated
Original Notes
or the Subordinated Notes, as applicable after the maturity of the Subordinated Loans and interest accruing at the then
... applicable rate provided in the Subordinated Original Notes or Subordinated Notes, as applicable, after the filing of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like proceeding, relating to any Borrower, Borrower or the Guarantor, or whether or not a claim for post-filing or post-petition interest is allowed in such proceeding), whether direct or indirect, absolute or contingent, due or to become due, or now existing or hereafter incurred, which may arise under, out of, or in connection with, the any of the Subordinated Notes, this Agreement, or any other Subordinated Loan Document, Documents, in each case whether on account of principal, interest, reimbursement obligations, fees, indemnities, costs, expenses or otherwise (including, without limitation, all fees and disbursements of counsel to the Subordinated Lenders that are required to be paid by any Borrower the Borrowers or the Guarantor pursuant to the terms of the Subordinated Notes or this Agreement or any other Subordinated Loan Document). Documents).
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Subordinated Obligations.
The collective reference to the unpaid principal and interest on the Subordinated Notes and all other obligations and liabilities of
any Borrower or any Guarantor the Credit Parties to the Subordinated
Lenders (including, without limitation, Noteholders (including interest accruing at the then applicable rate provided in the Subordinated Notes after the maturity
of the Subordinated Loans thereof and interest accruing at the then applicable rate provided in the Subordinated Notes after the
... filing of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like proceeding, relating to any Borrower, Credit Party, whether or not a claim for post-filing or post-petition interest is allowed in such proceeding), whether direct or indirect, absolute or contingent, due or to become due, or now existing or hereafter incurred, which may arise under, out of, or in connection with, the the Subordinated Notes, this Agreement, or any other Subordinated Loan Transaction Document, or this Agreement, in each case whether on account of principal, interest, reimbursement obligations, fees, indemnities, costs, expenses or otherwise (including, without limitation, all fees and disbursements of counsel to the Subordinated Lenders that are required to be paid by any Borrower pursuant to the terms of the Subordinated Notes or this Agreement or any other Subordinated Loan Document). otherwise.
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