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2009_1207_Packet
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2009_1207_Packet
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the event of a bankruptcy of, or the appointment of a trustee, receiver or other representative or <br />liquidator for any of the property of the Borrower, (ii) in the order of priority set forth herein, and <br />(iii) only in the amount necessary for the full payment of the U.S. Bank Loan. U.S. Bank may <br />file one or more financing statements concerning any security interest hereby created without the <br />signature of any of the Subordinate Lenders. <br />6. Limitations on Payment. None of the Subordinate Lenders will receive, nor take <br />action to collect or enforce, payment from the Borrower, and the Borrower will not make <br />payment to any of the Subordinate Lenders, of any amounts outstanding under the Subordinate <br />Lender pocuments or any part thereof; except that the Borrower may pay regularly scheduled <br />installments of principal and accrued interest under the Subordinate Lender pocuments as long <br />as, but only in the event that, no Event of Default then exists with respect to the U. S. Bank Loan <br />Documents or the Subordinate Lender pocuments, and any such regularly scheduled installments <br />of principal and accrued interest may be retained by such Subordinate Lenders. Upon the <br />occurrence of an Event of Default, each of the Subordinate Lenders agrees that it will not, <br />without the prior written consent of U.S. Bank, receive or take any action to collect or enforce, <br />payment of any of the Subordinate Lender pocuments or any part thereof from any trustee in <br />bankruptcy, receiver, or other liquidator of any part of the Borrower's property, or from any <br />other person. Until payment in full of the U.S. Bank Loan, any payment received by any of the <br />Subordinate Lenders pursuant to the immediately preceding sentence shall promptly be delivered <br />to U.S. Bank for application to U.S. Bank Loan. The Subordinate Lenders and U.S. Bank agree <br />to notify the other at the addresses set forth on page 1 hereto, within a reasonable time period, of <br />their knowledge of an Event of Default under their respective loan documents with the Borrower. <br />7. Pay Over of Monies. In the event that any of the Subordinate Lenders receive <br />any payment of the Subordinate Loans in violation of the terms of this Agreement, such <br />payments shall be held in trust by the Subordinate Lender and the Subordinate Lender will <br />forthwith pay over or deliver the same to U.S. Bank to be held by U.S. Bank as cash collateral <br />securing the U.S. Bank Loan. <br />8. Interpretation. The parties hereto are entering into and executing this <br />Agreement in order to establish the subordination and priority of the Loan Documents and any <br />liens and/or encumbrances created thereby, and, accordingly, such parties hereby agree, <br />understand, and acknowledge that the enforceability of this Agreement is not, and shall not be, <br />restricted, limited, or impaired by the fact that not all of the parties hereto are signatories to each <br />or any of the Loan Documents. <br />7 <br />
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