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Letter Of Subordination Of Debts
"I need a Letter of Subordination of Debts for our mining company in Western Australia, where a junior creditor with an existing $2M loan will subordinate their debt to a new senior creditor providing $5M in project financing, with the arrangement to take effect from March 2025."
1. Date and Parties: Formal letter heading with date and clear identification of all parties - Senior Creditor(s), Junior Creditor(s), and Debtor
2. Reference Line: Clear reference to the subject matter: 'Re: Subordination of Debts'
3. Debt Identification: Specific details of both the senior and subordinated debts, including amounts, dates, and any identifying reference numbers
4. Subordination Terms: Clear statement of the subordination arrangement, including the extent and conditions of subordination
5. Payment Restrictions: Specific terms regarding restricted payments on subordinated debt
6. Acknowledgment: Statement acknowledging the subordination arrangement and its binding nature
7. Execution Block: Signature blocks for all parties with dates
1. Permitted Payments: Include when certain payments to junior creditors are allowed under specific conditions
2. Turnover Provisions: Include when requiring junior creditors to turn over any received payments to senior creditors
3. Duration: Include when the subordination is time-limited rather than continuing until full repayment
4. Insolvency Provisions: Include specific provisions for what happens in case of insolvency or bankruptcy
5. Amendment Clause: Include when parties want to specify how the subordination terms can be modified
6. Governing Law Statement: Include when parties are in different jurisdictions or for extra clarity on applicable law
1. Schedule A - Details of Senior Debt: Detailed list of all senior debt facilities, including dates, amounts, and reference numbers
2. Schedule B - Details of Subordinated Debt: Detailed list of all subordinated debt facilities, including dates, amounts, and reference numbers
3. Schedule C - Payment Terms: Detailed payment hierarchies and conditions, if too complex for main letter
4. Appendix 1 - Related Security Documents: List of any related security documents affected by the subordination
5. Appendix 2 - Existing Arrangements: Details of any existing arrangements being superseded or modified by this subordination
Authors
Banking & Financial Services
Corporate Finance
Real Estate & Property Development
Infrastructure & Construction
Mining & Resources
Manufacturing
Retail & Consumer Goods
Healthcare
Technology & Communications
Professional Services
Legal
Finance
Treasury
Credit Risk
Corporate Finance
Company Secretariat
Compliance
Banking Operations
Financial Control
Risk Management
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Finance Manager
Credit Manager
Risk Manager
Company Secretary
Banking Relationship Manager
Debt Restructuring Advisor
Corporate Finance Manager
Financial Controller
Insolvency Practitioner
Commercial Director
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