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Letter Of Subordination Of Debts
"I need a Letter of Subordination of Debts for our Malaysian manufacturing company where three existing shareholder loans totaling RM 5 million will be subordinated to a new bank facility of RM 15 million that we're obtaining from HSBC Malaysia in March 2025."
1. Parties: Identification of the Senior Creditor, Subordinated Creditor(s), and the Debtor company
2. Existing Debts: Clear identification and acknowledgment of the senior and subordinated debts
3. Subordination Declaration: Express statement of subordination and its scope
4. Payment Restrictions: Terms restricting payments on subordinated debt until senior debt is satisfied
5. Turnover Provisions: Obligation to turn over any prohibited payments to senior creditor
6. Duration: Period of effectiveness of the subordination arrangement
7. Governing Law: Confirmation of Malaysian law as governing law
1. Security Arrangements: Include when the subordinated debt is secured by any assets
2. Permitted Payments: Include when certain payments to subordinated creditors are allowed under specific conditions
3. Assignment Provisions: Include when rights under the subordination arrangement may be assigned
4. Insolvency Provisions: Include specific provisions for insolvency scenarios
5. Further Assurance: Include when additional documentation or actions may be required
6. Notice Requirements: Include when specific notification procedures are needed between parties
1. Schedule 1 - Senior Debt Details: Detailed description of all senior debt facilities, amounts, and key terms
2. Schedule 2 - Subordinated Debt Details: Detailed description of all subordinated debt facilities, amounts, and key terms
3. Schedule 3 - Form of Acknowledgment: Template for acknowledgment by future creditors if required
4. Appendix A - Payment Waterfall: Detailed order of priority for debt payments
5. Appendix B - Existing Security: List of any existing security arrangements affecting the subordinated debt
Authors
Banking and Financial Services
Corporate Finance
Real Estate and Property Development
Manufacturing
Construction
Infrastructure Development
Private Equity
Venture Capital
Mining and Resources
Technology and Telecommunications
Healthcare
Retail and Consumer Goods
Legal
Finance
Treasury
Corporate Finance
Risk Management
Compliance
Credit Management
Executive Management
Company Secretarial
Strategic Planning
Chief Financial Officer
Finance Director
Corporate Treasurer
Financial Controller
Legal Counsel
Company Secretary
Risk Manager
Credit Manager
Investment Manager
Corporate Finance Manager
Debt Restructuring Officer
Compliance Officer
Managing Director
Business Development Director
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