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Real Estate Subordination Agreement
"I need a Real Estate Subordination Agreement under Dutch law for a commercial property in Amsterdam, where a new senior lender is providing €5 million in financing and needs priority over an existing €2 million mortgage from January 2025."
1. Parties: Identification of all parties including Senior Lender, Subordinated Lender, and Property Owner
2. Background: Context of the existing security interests, loans, and reason for subordination
3. Definitions: Definitions of key terms including Senior Debt, Subordinated Debt, Property, Security Rights
4. Existing Security Rights: Description of current security interests and their registration details
5. Subordination Terms: Core terms establishing the new ranking of security interests
6. Priority Arrangements: Specific provisions regarding the priority of payments and enforcement rights
7. Representations and Warranties: Statements of fact and assurances from each party
8. Covenants: Ongoing obligations of the parties regarding the subordination arrangement
9. Duration and Termination: Term of the agreement and circumstances for termination
10. Notarial Deed Requirements: Provisions regarding execution as a notarial deed for registration
11. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction
1. Intercreditor Provisions: Additional provisions governing relationship between multiple lenders, used when more than two lenders are involved
2. Standstill Provisions: Provisions restricting enforcement actions by subordinated lender, used in more complex financing structures
3. Future Advances: Provisions regarding the priority of any additional lending, included when future lending is contemplated
4. Insurance and Compensation Proceeds: Provisions regarding the priority rights to insurance payouts, used when significant insurance coverage exists
5. Assignment and Transfer: Provisions regarding the transfer of rights, used when parties anticipate potential transfers
6. Tax Provisions: Special tax-related provisions, included when there are specific tax implications to address
1. Property Details: Detailed description of the property including cadastral information and registration details
2. Existing Security Documents: List and copies of all existing security documents affecting the property
3. Senior Debt Details: Details of the senior debt including amount, terms, and security
4. Subordinated Debt Details: Details of the subordinated debt including amount, terms, and security
5. Form of Notice to Land Registry: Template for the required notice to the Dutch Land Registry
6. Powers of Attorney: If applicable, powers of attorney for executing parties
Authors
Banking & Finance
Commercial Real Estate
Real Estate Development
Construction
Property Investment
Real Estate Investment Trusts (REITs)
Commercial Mortgage Lending
Property Management
Legal
Real Estate Finance
Commercial Property
Risk & Compliance
Corporate Finance
Investment Management
Property Operations
Credit Risk
Securities & Collateral
Real Estate Development
Real Estate Finance Manager
Property Finance Director
Legal Counsel
Real Estate Attorney
Mortgage Officer
Property Investment Manager
Security Trustee
Finance Director
Real Estate Portfolio Manager
Debt Restructuring Manager
Commercial Property Manager
Risk Manager
Corporate Finance Manager
Dutch Civil Law Notary
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