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Postponement And Subordination Agreement
"I need a Postponement And Subordination Agreement to establish priority between our senior bank loan of £5 million and a new junior shareholder loan of £2 million, with the junior creditor being our majority shareholder who will advance funds in March 2025."
1. Parties: Identifies all parties to the agreement including Senior Creditor(s), Junior Creditor(s), and Debtor
2. Background: Sets out the context of existing debts and reason for subordination
3. Definitions: Defines key terms including Senior Debt, Junior Debt, and Enforcement Event
4. Subordination Provisions: Core terms establishing the subordination arrangement
5. Turnover Provisions: Requirements for junior creditors to turn over received payments
6. Restrictions on Junior Debt: Limitations on enforcement and payment of junior debt
7. Duration: Term of the subordination arrangement
8. Governing Law and Jurisdiction: Specifies applicable law and courts
1. Security Provisions: Required when subordination involves secured debt - includes specific provisions for secured creditors and ranking of security interests
2. Intercreditor Provisions: Regulates relationship between multiple creditors - includes voting rights, enforcement decisions, and amendments
3. Assignment Provisions: Rules for transferring rights under the agreement - includes conditions and procedures for transfer of debt and rights
1. Schedule 1 - Existing Senior Debt: Details of all senior debt covered by the agreement
2. Schedule 2 - Existing Junior Debt: Details of all junior debt covered by the agreement
3. Schedule 3 - Form of Accession Deed: Template for new parties to join the agreement
4. Schedule 4 - Security Documents: List of relevant security documents (if applicable)
Authors
Junior Creditor
Debtor
Senior Debt
Junior Debt
Enforcement Event
Enforcement Action
Permitted Payments
Subordination Period
Discharge Date
Security
Security Documents
Secured Obligations
Default
Event of Default
Acceleration Event
Business Day
Distribution
Insolvency Event
Insolvency Proceedings
Payment
Subordinated Rights
Turnover Proceeds
Recovery
Accession Deed
Facility Agreement
Finance Documents
Liability
Priority Debt
Working Capital Facility
Subordination
Termination Date
Security Interest
Material Adverse Effect
Guarantees
Subordination
Ranking
Payment Restrictions
Turnover
Enforcement
Security
Consents and Waivers
Representations and Warranties
Undertakings
Permitted Payments
Payment Blockage
Accession
Assignment and Transfer
Amendments and Waivers
Information Rights
Acceleration
Default
Duration
Termination
Set-off
Costs and Expenses
Notices
Severability
Counterparts
Third Party Rights
Governing Law
Jurisdiction
Remedies and Waivers
Release Provisions
Trust Provisions
Power of Attorney
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