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Postponement And Subordination Agreement
"Need a Postponement And Subordination Agreement for our Series B investment round, where three existing creditors will subordinate their claims to a new senior lender providing $10M in funding by March 2025."
1. Parties: Identifies all parties to the agreement, including creditors, debtors, and any guarantors
2. Background/Recitals: Explains the existing debt arrangements and reason for subordination
3. Definitions: Defines key terms including Senior Debt, Subordinated Debt, and Payment Terms
4. Subordination Terms: Core provisions detailing the subordination arrangement and payment priorities
5. Postponement Provisions: Specifies conditions and duration of payment postponement
6. Representations and Warranties: Statements of fact by parties regarding their authority and debt status
7. Governing Law: Specifies jurisdiction and applicable law
1. Security Interests: Details any security arrangements - include when secured debt is involved
2. Bankruptcy Provisions: Specific arrangements in case of bankruptcy - include in higher-risk transactions
3. Inter-creditor Provisions: Arrangements between multiple creditors - include when multiple creditors are involved
1. Schedule of Senior Debt: Details of all senior debt obligations
2. Schedule of Subordinated Debt: Details of all subordinated debt obligations
3. Security Documents: Copies of relevant security agreements if applicable
4. Payment Schedule: Timeline of permitted payments under subordination
Authors
Subordinated Debt
Senior Creditor
Subordinated Creditor
Debtor
Effective Date
Payment Default
Permitted Payments
Postponement Period
Security Interest
Subordination Period
Senior Debt Documents
Subordinated Debt Documents
Enforcement Action
Distribution
Event of Default
Insolvency Event
Secured Obligations
Payment in Full
Business Day
Guarantors
Collateral
Priority Rights
Acceleration Event
Turnover Proceeds
Postponement
Payment Restrictions
Turnover
Standstill
Representations and Warranties
Covenants
Default Provisions
Bankruptcy Provisions
Security Interest
Assignment and Transfer
Notice Requirements
Amendment and Waiver
Reinstatement
Further Assurances
Severability
Governing Law
Jurisdiction
Entire Agreement
Counterparts
Termination
Survival
Remedies
Indemnification
Confidentiality
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