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Loan Subordination Agreement
"Need a Loan Subordination Agreement for a real estate development project where a second mortgage of $2M needs to be subordinated to an existing $5M senior loan, with specific provisions for construction milestone payments planned for March 2025."
1. Parties: Identification of senior creditor, subordinate creditor, and debtor
2. Background: Description of existing loans and reason for subordination
3. Definitions: Key terms including Senior Debt, Subordinated Debt, Payment Default
4. Subordination Terms: Core provisions establishing debt priority
5. Payment Restrictions: Conditions under which subordinated debt payments are prohibited
6. Enforcement Restrictions: Limitations on subordinated creditor's enforcement rights
1. Turnover Provisions: Requirements for subordinated creditor to turn over prohibited payments
2. Bankruptcy Provisions: Specific provisions for bankruptcy scenarios
3. Amendment of Subordinated Debt: Restrictions on modifying subordinated debt terms
1. Schedule of Senior Debt: Detailed listing of all senior debt obligations
2. Schedule of Subordinated Debt: Detailed listing of all subordinated debt obligations
3. Form of Legend: Required notation for subordinated debt instruments
4. Payment Terms Schedule: Specific payment terms and conditions for subordinated debt
Authors
Subordinated Debt
Senior Creditor
Subordinated Creditor
Borrower
Default
Event of Default
Payment Default
Payment in Full
Permitted Payments
Prohibited Payments
Distribution
Enforcement Action
Enforcement Notice
Security Interest
Collateral
Lien
Priority
Subordination Period
Turnover Proceeds
Bankruptcy Event
Insolvency Proceeding
Refinancing
Standstill Period
Business Day
Loan Documents
Senior Loan Documents
Subordinated Loan Documents
Maximum Senior Debt Amount
Discharge Date
Payment Restrictions
Turnover
Enforcement
Standstill
Bankruptcy
Representations and Warranties
Covenants
Default
Amendments and Waivers
Assignment and Transfer
Notices
Governing Law
Jurisdiction
Severability
Entire Agreement
Counterparts
Further Assurances
No Third Party Beneficiaries
Termination
Reinstatement
Survival
Remedies
Indemnification
Confidentiality
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