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Landlord Subordination Agreement
"I need a Landlord Subordination Agreement for a multi-tenant commercial property in Ontario, where the primary tenant is seeking equipment financing of CAD 2.5M, and the lender requires priority over the landlord's interests in both the leasehold improvements and tenant's equipment."
1. Parties: Identifies all parties to the agreement: Landlord, Tenant, and Lender
2. Background: Recitals explaining the existing lease arrangement, lending relationship, and reason for subordination
3. Definitions: Defines key terms including Property, Lease, Loan Agreement, Security Interest, and Priority
4. Subordination: Core provision where Landlord agrees to subordinate their interest to the Lender's security interest
5. Representations and Warranties: Landlord's declarations regarding ownership, authority to enter agreement, and status of lease
6. Covenants: Ongoing obligations of the Landlord regarding the subordinated interest
7. Notice Requirements: Procedures for serving notices between parties, particularly regarding defaults
8. Term and Termination: Duration of the subordination agreement and conditions for termination
9. General Provisions: Standard clauses including governing law, amendments, severability, and counterparts
1. Non-Disturbance Provisions: Used when the Landlord wants assurance that the Lender will not disturb the tenant's possession upon enforcement
2. Insurance Requirements: Include when specific insurance arrangements need to be coordinated between parties
3. Assignment and Transfer Restrictions: Added when there are specific limitations on transferring rights under the agreement
4. Multiple Properties Provisions: Required when the subordination covers multiple properties or locations
5. Future Advance Provisions: Include when the subordination needs to cover future loans or advances
6. Rent Direction: Used when specific arrangements for rent payment during enforcement are needed
7. Environmental Indemnity: Include when environmental risks are a concern for the property
1. Schedule A - Property Description: Legal description of the property or properties subject to the subordination
2. Schedule B - Lease Details: Summary or copy of the relevant lease agreement details
3. Schedule C - Security Agreement Details: Description of the Lender's security agreement being prioritized
4. Schedule D - Permitted Encumbrances: List of other permitted liens or encumbrances that may affect priority
5. Schedule E - Form of Notice: Standard form for notices between parties under the agreement
Authors
Real Estate
Banking & Financial Services
Commercial Property
Retail
Industrial & Manufacturing
Healthcare
Professional Services
Hospitality & Tourism
Technology
Warehouse & Distribution
Legal
Real Estate
Finance
Risk Management
Property Management
Commercial Lending
Corporate Services
Treasury
Operations
Asset Management
Real Estate Lawyer
Commercial Property Manager
Legal Counsel
Finance Manager
Commercial Lending Officer
Real Estate Portfolio Manager
Risk Manager
Property Development Manager
Asset Manager
Lease Administrator
Commercial Real Estate Broker
Chief Legal Officer
Corporate Counsel
Treasury Manager
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