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Letter Of Subordination Of Debts
"I need a Letter of Subordination of Debts under Dutch law for our corporate group structure, where our parent company's €5 million loan to our operating subsidiary needs to be subordinated to a new €15 million bank facility that will be signed on March 1, 2025."
1. Letterhead and Date: Official letterhead of the subordinating creditor and current date
2. Addressee Details: Full name and address of the senior creditor(s) and debtor
3. Reference Line: Reference to relevant loan agreements or debt instruments being subordinated
4. Subject Line: Clear indication that this is a Subordination of Debts letter
5. Existing Debt Description: Identification and description of the junior debt being subordinated
6. Senior Debt Description: Identification and description of the senior debt to which the other debt is being subordinated
7. Subordination Declaration: Clear statement of subordination and its terms
8. Payment Restrictions: Terms regarding restricted payments on subordinated debt
9. Duration of Subordination: Period or conditions for which the subordination remains in effect
10. Governing Law Statement: Confirmation that Dutch law governs the subordination
11. Signature Block: Space for signature of subordinating creditor and acknowledgment by other parties
1. Turnover Provisions: Required when there needs to be specific provisions about turning over any received payments to senior creditors
2. Further Assurance Clause: Used when parties want to ensure future cooperation in maintaining the subordination arrangement
3. Permitted Payments: Needed when certain payments to junior creditors are allowed under specific conditions
4. Multiple Creditor Provisions: Required when there are multiple junior or senior creditors involved
5. Cross-Border Provisions: Necessary when the subordination involves parties or assets in multiple jurisdictions
6. Insolvency Provisions: Detailed provisions about the subordination's effect in case of insolvency proceedings
1. Schedule A - Details of Subordinated Debt: Detailed list of all subordinated debt instruments, including amounts, dates, and terms
2. Schedule B - Details of Senior Debt: Detailed list of all senior debt to which the subordination relates
3. Schedule C - Payment Waterfall: If applicable, detailed explanation of payment priority order
4. Appendix 1 - Copy of Relevant Debt Instruments: Copies of the underlying loan agreements or debt instruments being subordinated
5. Appendix 2 - Corporate Authorizations: If applicable, copies of corporate approvals authorizing the subordination
Authors
Banking & Financial Services
Corporate Finance
Private Equity
Real Estate
Manufacturing
Technology
Infrastructure
Energy
Healthcare
Retail
Construction
Transportation & Logistics
Legal
Finance
Treasury
Credit Risk
Corporate Banking
Restructuring
Compliance
Corporate Finance
Investment
Risk Management
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Debt Restructuring Officer
Credit Manager
Investment Manager
Corporate Banking Manager
Insolvency Practitioner
Financial Controller
Risk Manager
Relationship Manager
Loan Officer
Compliance Officer
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