Subordinated Note Agreement Sample Contracts
Exhibit 10.9 ================================================================== ============== FINANCIAL PACIFIC COMPANY SUBORDINATED NOTE AGREEMENT Dated as of January 23, 1998 TABLE OF CONTENTSSubordinated Note Agreement • April 9th, 2004 • Financial Pacific Co • New York
MAINSTREET BANCSHARES, INC.Subordinated Note Agreement • March 2nd, 2022 • MainStreet Bancshares, Inc. • State commercial banks • New York
THIS SUBORDINATED NOTE IS A GLOBAL NOTE WITHIN THE MEANING OF THE PAYING AGENCY AND REGISTRAR AGREEMENT, DATED AS OF MARCH 1, 2022 (THE “PAYING AGENT AGREEMENT”), BETWEEN MAINSTREET BANCSHARES, INC. (THE “COMPANY”) AND UMB BANK NATIONAL ASSOCIATION, AS PAYING AGENT AND REGISTRAR, AND IS REGISTERED IN THE NAME OF CEDE & CO AS NOMINEE OF THE DEPOSITORY TRUST COMPANY (“DTC”) OR A NOMINEE OF DTC. THIS SUBORDINATED NOTE IS EXCHANGEABLE FOR SUBORDINATED NOTES REGISTERED IN THE NAME OF A PERSON OTHER THAN DTC OR ITS NOMINEE ONLY IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE PAYING AGENT AGREEMENT, AND NO TRANSFER OF THIS SUBORDINATED NOTE (OTHER THAN A TRANSFER OF THIS SUBORDINATED NOTE AS A WHOLE BY DTC TO A NOMINEE OF DTC OR BY A NOMINEE OF DTC TO DTC OR ANOTHER NOMINEE OF DTC) MAY BE REGISTERED EXCEPT IN LIMITED CIRCUMSTANCES SPECIFIED IN THE PAYING AGENT AGREEMENT.
THESE SECURITIES AND THE SECURITIES ISSUABLE UPON CONVERSION HEREOF HAVE NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES...Subordinated Note Agreement • January 19th, 2024 • Venus Concept Inc. • Surgical & medical instruments & apparatus • New York
THIS INSTRUMENT IS SUBORDINATED TO ALL INDEBTEDNESS NOW OR HEREAFTER OWING BY THE MAKER TO CITY NATIONAL BANK OF FLORIDA, AS PROVIDED IN THOSE CERTAIN SUBORDINATION OF DEBT AGREEMENTS DATED AS OF JANUARY 18, 2024.
ContractSubordinated Note Agreement • February 10th, 2005 • Veri-Tek International, Corp. • Special industry machinery, nec
THIS AMENDED AND RESTATED AGREEMENT (“Agreement”) is made effective as of the 30th day of October 2004, by and between Quantum Value Partners, LP, a Delaware limited partnership, of 33 Bloomfield Hills Pkwy, Ste. 240, Bloomfield Hills, MI 48304 (“QVP”), and Veri-Tek International Corp., of 50120 Pontiac Trail, Wixom, MI 48335 (“Veritek”).
EX-10.2 3 dex102.htm SUBORDINATED NOTE AGREEMENT SUBORDINATED NOTE AGREEMENT $4,000,000 in aggregate principal amount of Subordinated Notes Due 2009Subordinated Note Agreement • May 5th, 2020 • California
This Subordinated Note Agreement dated as of September 14, 2004 is entered into among SeraCare Life Sciences, Inc., a California corporation (the “Company”), the persons named on the signature pages hereof (together with their respective successors and assigns, each a “Noteholder” and collectively the “Noteholders”) and David Barrett Inc., a California corporation, as Administrative Agent for the Noteholders (the “Agent”). The parties hereto agree as follows:
FORM OF REGISTERED SUBORDINATED NOTE]Subordinated Note Agreement • May 18th, 2018 • Raymond James Financial Inc • Security brokers, dealers & flotation companies • New York
THIS NOTE IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITORY OR A NOMINEE OF A DEPOSITORY. THIS NOTE IS NOT EXCHANGEABLE FOR NOTES REGISTERED IN THE NAME OF A PERSON OTHER THAN THE DEPOSITORY OR ITS NOMINEE. EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE, NO TRANSFER OF THIS NOTE (OTHER THAN A TRANSFER OF THIS NOTE AS A WHOLE BY THE DEPOSITORY TO A NOMINEE OF THE DEPOSITORY OR BY A NOMINEE OF THE DEPOSITORY TO THE DEPOSITORY OR ANOTHER NOMINEE OF THE DEPOSITORY) MAY BE REGISTERED EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE.
John L. Hilt IRA] No. R-______ COMMUNITY SHORES BANK CORPORATION FLOATING RATE SUBORDINATED NOTE DUE JUNE 30, 2006 THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, THE MICHIGAN UNIFORM SECURITIES ACT, OR THE SECURITIES LAWS OF ANY...Subordinated Note Agreement • August 14th, 2000 • Community Shores Bank Corp • State commercial banks
ContractSubordinated Note Agreement • January 30th, 2024 • Triller Corp. • Services-computer programming, data processing, etc. • Delaware
THIS NOTE AND THE SECURITIES ISSUABLE UPON THE CONVERSION HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR UNDER THE SECURITIES LAWS OF ANY STATE IN THE UNITED STATES. THESE SECURITIES ARE SUBJECT TO RESTRICTIONS ON TRANSFERABILITY AND RESALE AND MAY NOT BE TRANSFERRED OR RESOLD EXCEPT AS PERMITTED UNDER THE ACT AND THE APPLICABLE STATE SECURITIES LAWS PURSUANT TO REGISTRATION OR EXEMPTION THEREFROM. THE ISSUER OF THESE SECURITIES MAY REQUIRE AN OPINION OF COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER TO THE EFFECT THAT ANY PROPOSED TRANSFER OR RESALE IS IN COMPLIANCE WITH THE ACT AND ANY APPLICABLE STATE SECURITIES LAWS.
PF ACQUISITION II, INC. SUBORDINATED NOTE AGREEMENT Dated as of February 22, 1999 TABLE OF CONTENTSSubordinated Note Agreement • May 10th, 1999 • Pro Fac Cooperative Inc • Wholesale-groceries & related products • Colorado
ContractSubordinated Note Agreement • August 19th, 2003 • Bioanalytical Systems Inc • Services-commercial physical & biological research
THIS SUBORDINATED NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE OR OTHER SECURITIES LAWS AND MAY NOT BE OFFERED, SOLD, PLEDGED, TRANSFERRED OR ASSIGNED (i) EXCEPT PURSUANT TO REGISTRATION THEREOF UNDER SUCH LAWS, OR (ii) UNLESS, IN THE WRITTEN OPINION OF COUNSEL ADDRESSED TO MAKER, FROM COUNSEL REASONABLY SATISFACTORY TO MAKER, THE PROPOSED TRANSFER MAY BE EFFECTED IN COMPLIANCE WITH APPLICABLE SECURITIES LAWS WITHOUT SUCH REGISTRATION.
FORM OF GLOBAL NOTESubordinated Note Agreement • January 11th, 2018 • Lloyds Banking Group PLC • Commercial banks, nec
THIS SUBORDINATED NOTE IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITARY OR A NOMINEE THEREOF. THIS SUBORDINATED NOTE MAY NOT BE EXCHANGED IN WHOLE OR IN PART FOR A SUBORDINATED NOTE REGISTERED, AND NO TRANSFER OF THIS SUBORDINATED NOTE IN WHOLE OR IN PART MAY BE REGISTERED, IN THE NAME OF ANY PERSON OTHER THAN SUCH DEPOSITARY OR A NOMINEE THEREOF, EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE.
ContractSubordinated Note Agreement • July 6th, 2006 • Video Display Corp • Electronic components & accessories
The rights and remedies of Ronald D. Ordway under this instrument are subject to the terms and conditions of those certain Debt Subordination Agreements dated as of June 28, 2006 among Ronald D. Ordway, Video Display Corporation, its subsidiaries and each of RBC Centura Bank and Regions Bank, as each may be amended from time to time, each of which is incorporated herein by specific reference thereto to the same extent as if fully set forth herein.
ContractSubordinated Note Agreement • October 13th, 2009 • FriendFinder Networks Inc. • Services-computer programming, data processing, etc. • California
THIS SECURITY AND THE OBLIGATIONS EVIDENCED HEREBY ARE SUBORDINATED ON THE TERMS AND CONDITIONS SET FORTH HEREIN TO ALL OBLIGATIONS ARISING UNDER OR IN CONNECTION WITH SENIOR INDEBTEDNESS, AS DEFINED IN THIS SECURITY. NO HOLDER SHALL EXERCISE ANY RIGHT OR REMEDY THAT COULD CONTRAVENE OR IMPAIR THE RIGHTS OF THE HOLDERS OF THE SENIOR INDEBTEDNESS.
ContractSubordinated Note Agreement • May 5th, 2020
EX-10.2 5 exhibit102formofsubordinat.htm EXHIBIT 10.2 Exhibit 10.2 NEITHER THIS SECURITY NOR THE SECURITIES INTO WHICH THIS SECURITY IS CONVERTIBLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS AS EVIDENCED BY A LEGAL OPINION OF COUNSEL TO THE TRANSFEROR TO SUCH EFFECT, THE SUBSTANCE OF WHICH SHALL BE REASONABLY ACCEPTABLE TO THE COMPANY (AS SUCH TERM IS DEFINED BELOW). THIS NOTE, AND THE PAYMENT HEREOF, ARE SUBORDINATED TO THE RIGHTS OF IOWA STATE BANK PURSUANT TO THE TERMS OF A SUBORDINATION AGREEMENT
ContractSubordinated Note Agreement • December 8th, 2004 • Veri-Tek International, Corp. • Special industry machinery, nec
THIS AGREEMENT (“Agreement”) is made effective as of the 30th day of March 2004, by and between Quantum Value Partners, LP, a Delaware limited partnership, of 33 Bloomfield Hills Pkwy, Ste. 240, Bloomfield Hills, MI 48304 (“QVP”), and Veri-Tek International Corp., of Pontiac Trail, Wixom, MI 48335 (“Veri-Tek”).
EX.2 FIRST AMENDMENT TO SUBORDINATED NOTE AGREEMENT ---------------------------------------------- This FIRST AMENDMENT TO SUBORDINATED NOTE AGREEMENT (the "First Amendment"), is made the 4th day of September, 1997, by and among FOX BROADCASTING...Subordinated Note Agreement • September 12th, 1997 • Fox Television Stations Inc /De/ • Television broadcasting stations
ContractSubordinated Note Agreement • April 27th, 2009 • FriendFinder Networks Inc. • Services-computer programming, data processing, etc. • California
THIS SECURITY AND THE OBLIGATIONS EVIDENCED HEREBY ARE SUBORDINATED ON THE TERMS AND CONDITIONS SET FORTH HEREIN TO ALL OBLIGATIONS ARISING UNDER OR IN CONNECTION WITH SENIOR INDEBTEDNESS, AS DEFINED IN THIS SECURITY. NO HOLDER SHALL EXERCISE ANY RIGHT OR REMEDY THAT COULD CONTRAVENE OR IMPAIR THE RIGHTS OF THE HOLDERS OF THE SENIOR INDEBTEDNESS.
FORM OF REGISTERED GLOBAL SUBORDINATED NOTE] BANK OF AMERICA CORPORATION Medium-Term Subordinated Note, Series L REGISTERED GLOBAL SUBORDINATED NOTESubordinated Note Agreement • March 30th, 2012 • BAC Capital Trust XX • National commercial banks • New York
This Note is a global security within the meaning of the Indenture dated as of January 1, 1995, as supplemented from time to time (the “Indenture”), between Bank of America Corporation (the “Issuer”) and The Bank of New York Mellon Trust Company, N.A., as successor trustee (the “Trustee”) under the Indenture and is registered in the name of [Cede & Co., as the nominee of The Depository Trust Company (55 Water Street, New York, New York) (the “Depository”)] [The Bank of New York Mellon Depository (Nominees) Limited, as the nominee of The Bank of New York Mellon, the common depository (the “Common Depository”) for Euroclear Bank S.A./N.V., as operator of the Euroclear system, and/or Clearstream Banking, société anonyme, Luxembourg]. This Note is not exchangeable for definitive or other Notes registered in the name of a person other than [the Depository or its nominee] [the Common Depository], except in the limited circumstances described in the Indenture or in this Note, and no transfer
NEITHER THESE SECURITIES NOR THE SECURITIES INTO WHICH THESE SECURITIES MAY BE EXCHANGED HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE...Subordinated Note Agreement • October 7th, 2005 • Hearusa Inc • Retail-retail stores, nec • New York
This Note (“Note”) is one of a duly authorized issue of Notes of HEARUSA, INC., a corporation duly organized and existing under the laws of the State of Delaware (the “Company”), designated as the Company’s 2005 7% Subordinated Notes Due _____________, 2008 (“Maturity Date”) in an aggregate principal amount (when taken together with the original principal amounts of all other Notes) of up to Five Million Five Hundred Thousand U.S. Dollars (U.S. $5,500,000) (the “Notes”).
EXHIBIT 3 Fox Kids Worldwide, Inc. 10960 Wilshire Boulevard Los Angeles, CA 90024 August 1, 1997 News America Holdings Incorporated 1211 Avenue of the Americas New York, NY 10036 Citicorp USA, Inc. 399 Park Avenue New York, NY 10043 Ladies and...Subordinated Note Agreement • August 7th, 1997 • Fox Television Stations Inc /De/ • Television broadcasting stations
Reference is hereby made to the Subordinated Note Agreement, dated as of July 31, 1997 (the "FBC Note Agreement"), by and among Fox Broadcasting Company (as Lender), Fox Kids Worldwide, Inc. (as Borrower) and Citicorp USA, Inc., as administrative agent under the Senior Loan Agreement (as such term is defined in the FBC Note Agreement). A copy of the FBC Note Agreement is annexed hereto as Exhibit A.
ARTICLE 1 DEFINITIONS AND TERMSSubordinated Note Agreement • September 2nd, 2005 • Residential Funding Corp • Asset-backed securities • New York
FORM OF FACE OF NOTE] EURO FIXED RATE SUBORDINATED REGISTERED NOTESubordinated Note Agreement • November 21st, 2011 • Morgan Stanley Capital Trust XII • Finance services
THIS NOTE HAS NOT BEEN, AND WILL NOT BE, REGISTERED UNDER THE FINANCIAL INSTRUMENTS AND EXCHANGE LAW OF JAPAN (LAW NO. 25 OF 1948, AS AMENDED) (THE “FIEL”). THIS NOTE MAY NOT BE OFFERED OR SOLD, DIRECTLY OR INDIRECTLY, IN JAPAN OR TO, OR FOR THE ACCOUNT OR BENEFIT OF, ANY RESIDENT OF JAPAN (WHICH TERM AS USED HEREIN MEANS ANY PERSON RESIDENT IN JAPAN INCLUDING ANY CORPORATION OR OTHER ENTITY ORGANIZED UNDER THE LAWS OF JAPAN) OR TO, OR FOR THE ACCOUNT OR BENEFIT OF, OTHERS FOR THE RE-OFFERING OR RE-SALE, DIRECTLY OR INDIRECTLY, IN JAPAN OR TO, OR FOR THE ACCOUNT OR BENEFIT OF, ANY RESIDENT OF JAPAN EXCEPT PURSUANT TO AN EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF, AND OTHERWISE IN COMPLIANCE WITH, THE FIEL AND ANY OTHER APPLICABLE LAWS, REGULATIONS AND MINISTERIAL GUIDELINES OF JAPAN.1
FORM OF REGISTERED SUBORDINATED NOTE]Subordinated Note Agreement • May 29th, 2009 • RJF Capital Trust III • Security brokers, dealers & flotation companies • New York
THIS NOTE IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITORY OR A NOMINEE OF A DEPOSITORY. THIS NOTE IS NOT EXCHANGEABLE FOR NOTES REGISTERED IN THE NAME OF A PERSON OTHER THAN THE DEPOSITORY OR ITS NOMINEE. EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE, NO TRANSFER OF THIS NOTE (OTHER THAN A TRANSFER OF THIS NOTE AS A WHOLE BY THE DEPOSITORY TO A NOMINEE OF THE DEPOSITORY OR BY A NOMINEE OF THE DEPOSITORY TO THE DEPOSITORY OR ANOTHER NOMINEE OF THE DEPOSITORY) MAY BE REGISTERED EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE.
Defaulted Interest. This Subordinated Note will be payable as to principal and interest at the office or agency of the Paying Agent, or, at the option of the Company, payment of interest may be made by check mailed to the Holder at its address set...Subordinated Note Agreement • August 18th, 2015 • First NBC Bank Holding Co • State commercial banks • Texas
EXHIBIT 4.11 [FORM OF REGISTERED SUBORDINATED NOTE] THIS SECURITY IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITORY OR A NOMINEE OF A DEPOSITORY. THIS SECURITY IS NOT...Subordinated Note Agreement • July 26th, 2002 • Bank of America Corp /De/ • National commercial banks
ContractSubordinated Note Agreement • June 11th, 2007 • Bombay Co Inc • Retail-furniture stores
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AS AMENDED OR THE SECURITIES LAWS OF ANY STATE AND MAY NOT BE SOLD OR TRANSFERRED IN THE ABSENCE OF REGISTRATION THEREUNDER OR AN EXEMPTION THEREFROM .
ContractSubordinated Note Agreement • April 16th, 2018 • Greenway Technologies Inc • Miscellaneous food preparations & kindred products • Texas
THIS NOTE AND THE SHARES OF COMMON STOCK ISSUABLE UPON CONVERSION HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACI"'), OR APPLICABLE STATE SECURITIES LAWS, AND MAY NOT BE SOLD, TRANSFERRED, PLEDGED, HYPOTHECATED, OR OTHERWISE DISPOSED OF IN THE ABSENCE OF SUCH REGISTRATION OR RECEIPT BY THE COMPANY OF A WRITTEN OPINION OF COUNSEL IN THE FORM, SUBSTANCE AND SCOPE REASONABLY SATISFACTORY TO THE COMPANY THAT THIS NOTE AND THE SHARES OF COMMON STOCK ISSUABLE UPON CONVERSION HEREOF MAY BE SOLD, TRANSFERRED, PLEDGED, HYPOTHECATED, OR OTHERWISE DISPOSED OF, UNDER AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT AND SUCH STATE SECURITIES LAWS.
ContractSubordinated Note Agreement • November 16th, 2017 • Mb Financial Inc /Md • National commercial banks
THIS OBLIGATION IS NOT A DEPOSIT AND IS NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION. NOR IS THIS OBLIGATION GUARANTEED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY. THIS OBLIGATION IS SUBORDINATED TO THE CLAIMS OF DEPOSITORS AND GENERAL CREDITORS, IS UNSECURED, AND IS INELIGIBLE AS COLLATERAL FOR A LOAN BY MB FINANCIAL BANK, NATIONAL ASSOCIATION.
ContractSubordinated Note Agreement • June 14th, 2006 • Video Display Corp • Electronic components & accessories • Georgia
The rights and remedies of Ronald D. Ordway under this instrument are subject to the terms and conditions of that certain Debt Subordination Agreement dated as of February 27, 2006 between Ronald D. Ordway and Bank of America, N.A., as it may be amended from time to time, which is incorporated herein by specific reference thereto to the same extent as if fully set forth herein.