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Landlord Subordination Agreement Template for Canada

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Key Requirements PROMPT example:

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."

Document background
The Landlord Subordination Agreement is a critical document in Canadian commercial real estate financing, used when a tenant requires financing and the lender needs priority over the landlord's rights in the property. This agreement is particularly important in scenarios where a commercial tenant seeks to use their leasehold interest as collateral for financing, or when a lender requires additional security for their loan. The document establishes the priority of competing interests in the property, addresses notice requirements, and outlines the parties' respective rights and obligations. It must comply with both federal legislation and provincial property laws, which can vary by jurisdiction. The agreement typically includes detailed property descriptions, lease information, and specific subordination terms. It's commonly used in commercial property developments, retail locations, industrial facilities, and other business premises where significant tenant improvements or equipment financing is required.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

Banking & Financial Services

Commercial Property

Retail

Industrial & Manufacturing

Healthcare

Professional Services

Hospitality & Tourism

Technology

Warehouse & Distribution

Relevant Teams

Legal

Real Estate

Finance

Risk Management

Property Management

Commercial Lending

Corporate Services

Treasury

Operations

Asset Management

Relevant Roles

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

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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