OFFICE ROMANCE ADVICE: The Pros & Cons Of Dating A Coworker, Shallon Lester
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The Lenders subordinate to Bank any security interest or lien that may have in all of the property and assets of the Company. The Lenders will not: a demand or receive from the Company and the Company will not pay any part of the Subordinated Debt, by payment, prepayment, or otherwise, b exercise any remedy against any assets of the Company, or c accelerate the Subordinated Debt, or begin or participate in any action against the Company, until all the Senior Debt is paid; provided, however, that the Lenders may take any and all of the actions set forth in this Section 4 in the event that a default or an event of default occurs under the Senior Debt, or any of the documents entered into in connection therewith, and the Bank has not within one hundred eighty days of such default or event of default i accelerated the indebtedness of the Company to the Bank under the Senior Debt, and ii commenced judicial or non-judicial dating subordinate proceedings with respect to such Senior Debt.
The Lenders must deliver to Bank in the form received except for endorsement or assignment by such Lender any payment, distribution, security or proceeds it receives on the Subordinated Debt, other than according to this Agreement. Each Lender will immediately put a legend on the Subordinated Debt instruments that the instruments are subject to this Agreement.
For valley, instruments cannot be amended to i increase the interest rate of the Subordinated Debt or ii accelerate payment of principal or interest or any other portion of the Subordinated Debt. If after full payment of the Senior Debt, Bank must disgorge any payments made on the Senior Debt, this Agreement and the relative rights and priorities provided in it, will be reinstated as to all disgorged payments as though the payments had not been made, and such Lender will immediately pay Bank all payments received under the Subordinated Debt to the extent the payments would have been prohibited under this Agreement.