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Loan Subordination Agreement
"Need a Loan Subordination Agreement for our Singapore subsidiary where three existing junior creditors will subordinate their loans (totaling SGD 2.5M) to a new senior facility of SGD 5M being provided by ABC Bank in March 2025."
1. Parties: Identification of Senior Creditor(s), Junior Creditor(s), and Borrower
2. Background: Context of existing debts and purpose of subordination
3. Definitions: Key terms including Senior Debt, Junior Debt, Subordination Period
4. Subordination Provisions: Core terms of debt subordination and payment restrictions
5. Turnover of Proceeds: Provisions for handling payments received in violation of subordination
6. Representations and Warranties: Standard confirmations from parties regarding authority and enforceability
7. Duration: Term of the subordination arrangement
1. Security Provisions: Additional provisions when secured debt is involved, including ranking of security interests and enforcement rights
2. Intercreditor Provisions: Detailed arrangements between multiple creditors, including voting rights and enforcement procedures
3. Standstill Provisions: Restrictions on enforcement actions during specified periods, including conditions and duration of standstill
1. Schedule of Existing Senior Debt: Details of all senior debt covered by the agreement including amounts, dates, and key terms
2. Schedule of Existing Junior Debt: Details of all junior debt covered by the agreement including amounts, dates, and key terms
3. Form of Accession Deed: Template for additional parties to join the agreement post-execution
4. Payment Waterfall: Detailed order of payment priorities in various scenarios including enforcement and insolvency
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