Letter Of Subordination Of Debts Template for Australia

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Key Requirements PROMPT example:

Letter Of Subordination Of Debts

"I need a Letter of Subordination of Debts for our mining company in Western Australia, where a junior creditor with an existing $2M loan will subordinate their debt to a new senior creditor providing $5M in project financing, with the arrangement to take effect from March 2025."

Document background
The Letter of Subordination of Debts is a critical instrument in Australian financial transactions where multiple creditors are involved in lending to the same debtor. This document becomes necessary when there's a need to establish a clear hierarchy of debt repayment, typically in situations involving corporate refinancing, restructuring, or new debt facilities. It complies with Australian corporate law requirements, particularly the Corporations Act 2001 and relevant banking regulations. The letter explicitly details which debts are being subordinated, to whom, and under what conditions, providing essential protection for senior creditors while allowing companies to maintain multiple debt facilities. Common triggers for creating this document include new senior debt facilities, corporate restructuring, or as part of security arrangements in complex financing transactions.
Suggested Sections

1. Date and Parties: Formal letter heading with date and clear identification of all parties - Senior Creditor(s), Junior Creditor(s), and Debtor

2. Reference Line: Clear reference to the subject matter: 'Re: Subordination of Debts'

3. Debt Identification: Specific details of both the senior and subordinated debts, including amounts, dates, and any identifying reference numbers

4. Subordination Terms: Clear statement of the subordination arrangement, including the extent and conditions of subordination

5. Payment Restrictions: Specific terms regarding restricted payments on subordinated debt

6. Acknowledgment: Statement acknowledging the subordination arrangement and its binding nature

7. Execution Block: Signature blocks for all parties with dates

Optional Sections

1. Permitted Payments: Include when certain payments to junior creditors are allowed under specific conditions

2. Turnover Provisions: Include when requiring junior creditors to turn over any received payments to senior creditors

3. Duration: Include when the subordination is time-limited rather than continuing until full repayment

4. Insolvency Provisions: Include specific provisions for what happens in case of insolvency or bankruptcy

5. Amendment Clause: Include when parties want to specify how the subordination terms can be modified

6. Governing Law Statement: Include when parties are in different jurisdictions or for extra clarity on applicable law

Suggested Schedules

1. Schedule A - Details of Senior Debt: Detailed list of all senior debt facilities, including dates, amounts, and reference numbers

2. Schedule B - Details of Subordinated Debt: Detailed list of all subordinated debt facilities, including dates, amounts, and reference numbers

3. Schedule C - Payment Terms: Detailed payment hierarchies and conditions, if too complex for main letter

4. Appendix 1 - Related Security Documents: List of any related security documents affected by the subordination

5. Appendix 2 - Existing Arrangements: Details of any existing arrangements being superseded or modified by this subordination

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Banking & Financial Services

Corporate Finance

Real Estate & Property Development

Infrastructure & Construction

Mining & Resources

Manufacturing

Retail & Consumer Goods

Healthcare

Technology & Communications

Professional Services

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Corporate Finance

Company Secretariat

Compliance

Banking Operations

Financial Control

Risk Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Corporate Lawyer

Legal Counsel

Finance Manager

Credit Manager

Risk Manager

Company Secretary

Banking Relationship Manager

Debt Restructuring Advisor

Corporate Finance Manager

Financial Controller

Insolvency Practitioner

Commercial Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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