The following Banking & Finance guidance note provides comprehensive and up to date legal information covering:
This 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 or subordination deed
provides links to helpful information on how to draft and negotiate an intercreditor agreement
sets out the key parties to an intercreditor agreement
provides an explanation of the key provisions found in an intercreditor agreement, including:
ranking and subordination
restrictions on payments to junior creditors
amendments to transaction documents
restrictions on taking enforcement action
control of security enforcement strategy, and
release of claims on disposals
Different types of transactions have different typical structures and types of debt and there are also significant variations within each type of transaction as well. This Practice Note discusses provisions that are commonly seen in most intercreditor agreements.
The key purpose of the intercreditor agreement is to ensure that each type of debt used in the transaction has a risk commensurate with its pricing, ie senior debt (which has a lower return) has less risk than the more expensive junior debt. Central to this is ensuring that senior debt ranks ahead of junior debt in terms of right and priority of payment.
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