Intercreditor

This topic offers comprehensive resources and practical guidance on navigating the complexities of agreements involving multiple creditors. Designed for banking and finance lawyers, it covers the intricacies of negotiating, drafting, and enforcing intercreditor agreements, ensuring your interests are protected and intercreditor priorities are clearly defined. Stay ahead with targeted insights and best practices to skilfully manage the interconnected relationships and obligations between senior and junior lenders.

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Sub Topics We Cover

Intercreditor arrangements Intercreditor issues in finance transactions Intercreditor issues on debt restructurings

Latest Banking & Finance News

Prospectus Regulation: Commission Delegated Regulation amending RTS on the classification of prospectuses published in the OJ

Prospectus Regulation: Commission Delegated Regulation amending RTS on the classification of prospectuses published in the OJ

Commission Delegated Regulation (EU) 2026/395 of 23 February 2026 amending the regulatory technical standards (RTS) laid down in Delegated Regulation...

TNFD and A4S publish guidance on integrating nature-related issues into financial decision-making

TNFD and A4S publish guidance on integrating nature-related issues into financial decision-making

The Taskforce on Nature-related Financial Disclosures (TNFD), in partnership with Accounting for Sustainability (A4S), has published guidance to help...

ICMA shares gilt repo market resilience recommendations with Bank of England

ICMA shares gilt repo market resilience recommendations with Bank of England

The International Capital Market Association (ICMA) has shared a report with the Bank of England (BoE) outlining recommendations to enhance gilt repo...

Banking & Finance—May 2026 case round-up

Banking & Finance—May 2026 case round-up

Banking & Finance analysis: This News Analysis provides a summary of the cases we have alerted in Banking & Finance for May 2026....

Featured Banking & Finance content

Receivables purchase transactions: invoice discounting and factoring

Receivables purchase transactions: invoice discounting and factoring

Invoice discounting and factoringThe popularity of financing business through the invoice discounting and factoring of receivables has grown...

Foreign exchange (FX) derivatives

Foreign exchange (FX) derivatives

Foreign exchange (FX) derivativesWhat is a FX derivative?A foreign exchange (FX) derivative is a type of derivative whose payoff depends on the FX...

Types of debt securities

Types of debt securities

Types of debt securitiesWhat are debt securities?In the context of the debt capital markets, the term 'debt security' means a financial instrument,...

An introduction to repo and the Global Master Repurchase Agreement (GMRA)

An introduction to repo and the Global Master Repurchase Agreement (GMRA)

An introduction to repo and the Global Master Repurchase Agreement (GMRA)Coronavirus (COVID-19): This Practice Note contains information on subjects...

Practice notes

Offtake contracts—key issues for project finance lenders

Offtake contracts—key issues for project finance lendersMost projects are underpinned by a complex web of contractual relationships between all the...
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30th May
Q&As

What is the banker’s right of set-off?

What is the banker’s right of set-off?The banker’s right of set-off refers to the right of a bank to combine two or more of a customer’s accounts held...
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Produced in partnership with Richard Hanke of 3 Verulam Buildings (3VB)
13th Oct
Practice notes

Pledges

PledgesA pledge is one of the four types of security recognised under English law—the types of security are described in Practice Note: Types of...
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2nd Jun
Practice notes

Key features of debentures

Key features of debenturesDebentures are used in many types of financing where it is desirable to take security over all of the assets of a particular...
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30th May
Practice notes

Overdrafts, term loans and revolving credit facilities

Overdrafts, term loans and revolving credit facilitiesThis Practice Note explains the features of three common types of loan facility:•overdrafts•term...
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2nd Jun
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Practice notes

Bilateral, syndicated and club arrangements

Bilateral, syndicated and club arrangementsOne of the features used to categorise loans is the number of lenders involved. A loan involving one lender...
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30th May
Practice notes

Negative pledges

Negative pledgesThis Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative...
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2nd Jun
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Practice notes

The security agent

The security agent and security trust provisionsThe security agentIn a syndicated loan transaction, the security agent (sometimes also known as the...
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30th May
Practice notes

Introductory guide to financial covenants

Common financial covenantsThis Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum...
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30th May
Practice notes

Term Loan B facilities

Term Loan B facilitiesThis Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in...
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Produced in partnership with Carlo de Vito Piscicelli of Cleary Gottlieb Steen & Hamilton and Joe Zeidner of Cadwalader, Wickersham & Taft LLP
13th Oct
Practice notes

What is OTC derivative contract clearing?

What is OTC derivative contract clearing?What is clearing?When an over-the-counter (OTC) derivative transaction between two counterparties is...
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2nd Jun
Practice notes

Introductory guide to asset finance

Introduction to asset financeWhat is asset finance?Asset finance is a method of providing financing for the purchase of particular tangible movable...
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30th May
Practice notes

Incremental debt flexibility or accordion features

Incremental debt flexibility or accordion featuresWhat are incremental facilities?An incremental facility is feature included in a credit agreement...
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Produced in partnership with Max Millington of Pinsent Masons
13th Oct
Practice notes

Selling a loan by sub-participation

Selling a loan by sub-participationSub-participation is a means by which a lender can transfer its risk in a loan to another entity. It is used in the...
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Produced in partnership with Jacqui Allen of Mandel, Katz & Brosnan LLP
13th Oct
Practice notes

How to negotiate engagement, release and reliance letters

Tips and traps—key issues in negotiating engagement letters, release and reliance lettersIt is very common for engagement letters, release letters and...
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30th May
Practice notes

Transferring a loan by novation

Transferring a loan by novationNovation is a means by which a lender can transfer its interest in a loan to another lender.This Practice Note looks at...
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2nd Jun
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Popular documents

Subordination

SubordinationSubordination is a way of changing the priority of claims against a debtor so that one creditor or group of creditors (the junior creditor(s)) agree that their debt will not be paid until debts owed to another creditor or group of creditors (the senior creditor(s)) have been paid.This

Introductory guide to Intercreditor Agreements

Introductory guide to Intercreditor AgreementsThis Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

Strike out—making an application to strike out a statement of case

Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application