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Deed Of Subordination Template for Ireland

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Key Requirements PROMPT example:

Deed Of Subordination

"I need a Deed of Subordination for my Irish tech company where a new senior lender (Bank of Ireland) is providing €5M financing, and we need to subordinate an existing €1M shareholder loan to this new bank debt."

Document background
The Deed of Subordination is a fundamental document in Irish corporate and finance law, used when there is a need to establish a clear hierarchy between different creditors' claims against a debtor. This document becomes particularly relevant in scenarios involving multiple layers of debt, such as senior and junior financing arrangements, mezzanine financing, or group company loans. The deed explicitly sets out how different debts rank in priority, when payments can be made on subordinated debt, and what happens in default scenarios. It's commonly used in corporate restructurings, acquisition financing, and project finance transactions where multiple creditors are involved. The document must comply with Irish legal requirements for deeds and should be properly executed to ensure enforceability. Key considerations include registration requirements under the Companies Act 2014 and compliance with Irish property and security laws where relevant.
Suggested Sections

1. Parties: Identifies all parties to the deed including Senior Creditor(s), Subordinated Creditor(s), and the Debtor

2. Background: Explains the context of existing debts, security arrangements, and reason for subordination

3. Definitions and Interpretation: Defines key terms including Senior Debt, Subordinated Debt, Enforcement Action, etc.

4. Subordination: Core section establishing the subordination of the junior debt to the senior debt

5. Undertakings by Subordinated Creditor: Restrictions on the subordinated creditor's actions regarding their debt

6. Payments and Treatment of Subordinated Debt: Rules regarding payments on subordinated debt and treatment of any received payments

7. Duration and Termination: Period of subordination and circumstances when the arrangement terminates

8. Further Assurance: Obligations to execute further documents or take additional steps if needed

9. Assignment and Transfer: Rules regarding transfer of rights under the deed or underlying debts

10. Notices: Communication requirements and contact details

11. Governing Law and Jurisdiction: Confirms Irish law governance and jurisdiction

Optional Sections

1. Turnover of Proceeds: Required when there's a possibility of subordinated creditor receiving payments that should go to senior creditor

2. Security Provisions: Needed when the subordination involves secured debts

3. Representations and Warranties: Include when additional confirmations are needed from parties

4. Accession Provisions: Required for deals where additional creditors may join later

5. Amendments and Waivers: Include for complex deals where flexibility might be needed

6. Intercreditor Provisions: Needed when there are multiple creditors requiring detailed ranking arrangements

7. Filing and Registration: Include when registration with authorities is required

Suggested Schedules

1. Schedule 1 - Details of Senior Debt: Lists all senior debt facilities, amounts, and key terms

2. Schedule 2 - Details of Subordinated Debt: Lists all subordinated debt facilities, amounts, and key terms

3. Schedule 3 - Form of Accession Deed: Template for new parties to accede to the deed

4. Schedule 4 - Security Documents: Lists relevant security documents if secured debt is involved

5. Schedule 5 - Notice Requirements: Forms of notices required under the deed

6. Schedule 6 - Contact Details: Detailed contact information for all parties

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

Relevant legal definitions


































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Relevant Industries

Banking and Financial Services

Real Estate

Construction

Manufacturing

Technology

Healthcare

Infrastructure

Private Equity

Retail

Energy

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Corporate Development

Risk Management

Compliance

Company Secretarial

Credit

Investment

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Corporate Lawyer

Finance Manager

Investment Director

Credit Risk Manager

Debt Fund Manager

Restructuring Officer

Company Secretary

Legal Counsel

Commercial Director

Banking Relationship Manager

Private Equity Manager

Risk Officer

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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