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Subordination Letter
"I need a Subordination Letter for our mezzanine financing deal, where our €2M junior loan needs to be subordinated to a new senior facility of €10M from Bank of Ireland, with the subordination to take effect from March 1, 2025."
1. Addressee Details: Full legal name and address of the senior creditor(s) to whom the letter is addressed
2. Reference Line: Clear reference to relevant facilities/debts and the debtor company
3. Introduction: Brief introduction identifying the writer (junior creditor) and the context of the subordination
4. Debt Identification: Clear identification of both the senior and junior debt obligations
5. Subordination Terms: Core subordination language and mechanics of the subordination arrangement
6. Undertakings: Specific promises by the junior creditor regarding the subordinated debt
7. Acknowledgment Request: Request for countersignature and acknowledgment of the subordination terms
8. Governing Law: Confirmation of Irish law as governing law
9. Signature Block: Execution section for all relevant parties
1. Further Assurance: Optional clause committing parties to take any further actions necessary to give effect to the subordination - include when dealing with complex debt structures
2. Turnover Provisions: Optional section dealing with the mechanics of paying over any received funds - include when there's a risk of incorrect payments
3. Duration: Optional section specifying when the subordination ends - include when subordination is not intended to be permanent
4. Permitted Payments: Optional section outlining any allowed payments to junior creditor - include when certain payments are to be allowed
5. Assignment Provisions: Optional section regarding ability to transfer rights - include when transfer rights need to be addressed
1. Schedule 1 - Debt Details: Detailed description of the senior and junior debt facilities, including dates, amounts, and facility references
2. Schedule 2 - Parties' Details: Full legal names, registration numbers, and addresses of all parties involved
3. Schedule 3 - Form of Acknowledgment: Standard form of acknowledgment to be signed by the debtor and/or other creditors
4. Appendix A - Existing Security: List of any existing security interests and their priorities (if relevant)
Authors
Junior Debt
Senior Finance Documents
Junior Finance Documents
Senior Creditor
Junior Creditor
Debtor
Subordination Period
Permitted Payments
Enforcement Action
Discharge Date
Security Interests
Payment in Kind
Distribution
Insolvency Event
Business Day
Group
Guarantor
Security
Secured Obligations
Default
Acceleration Event
Priority Obligations
Subordinated Rights
Turnover Proceeds
Enforcement Notice
Instructing Party
Banking & Finance
Private Equity
Real Estate
Infrastructure
Manufacturing
Technology
Healthcare
Retail
Construction
Energy
Telecommunications
Legal
Finance
Treasury
Credit Risk
Corporate Finance
Company Secretarial
Compliance
Banking
Investment
Commercial
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Financial Controller
Credit Manager
Risk Manager
Debt Finance Manager
Corporate Secretary
Investment Director
Restructuring Officer
Banking Relationship Manager
Finance Manager
Commercial Director
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