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Subordination Agreement
I need a subordination agreement to establish the priority of debt repayment, where a new loan will be subordinated to an existing senior loan. The agreement should clearly outline the terms of subordination, including the rights and obligations of all parties involved, and comply with Danish financial regulations.
What is a Subordination Agreement?
A Subordination Agreement lets one creditor voluntarily step back in line, allowing another creditor to move ahead in priority for getting paid. In Danish lending practices, these agreements often come up when businesses need new financing while keeping existing loans in place.
Banks and lenders in Denmark commonly use these agreements to rearrange payment priorities, especially for commercial real estate deals or business refinancing. Under Danish contract law, they're legally binding once signed and help create clear rules about who gets paid first if the borrower can't meet all obligations. This clarity makes it easier for companies to get additional funding while protecting all lenders' interests.
When should you use a Subordination Agreement?
Use a Subordination Agreement when seeking new financing while maintaining existing loans in Denmark. For example, if your business needs additional capital but already has a bank loan, the original lender might need to subordinate their claim to attract new investors or lenders.
These agreements prove especially valuable during business expansion, property development, or debt restructuring. Danish banks often require them before extending new credit to companies with existing loans. They're also crucial when merging multiple credit facilities or refinancing commercial real estate, as they help prevent conflicts between lenders and keep financing arrangements clear and legally sound.
What are the different types of Subordination Agreement?
- Standard Debt Subordination: Used when one lender agrees to become junior to another in payment priority - common in Danish commercial lending
- Lien Subordination: Specifically changes the priority of security interests in collateral, often used in real estate financing
- Partial Subordination: Subordinates only specific payments or assets while maintaining priority on others
- Complete Subordination: Places all claims of one creditor behind another, popular in corporate restructuring
- Subordination with Payment Blockage: Includes specific triggers that stop payments to junior creditors under certain conditions
Who should typically use a Subordination Agreement?
- Primary Lenders: Usually banks or financial institutions who hold existing loans and must agree to subordinate their claims
- New Creditors: Financial institutions or investors seeking priority position for fresh financing
- Corporate Borrowers: Danish businesses seeking additional funding while maintaining existing credit relationships
- Legal Counsel: Attorneys who draft and review agreements to ensure compliance with Danish financial regulations
- Company Directors: Board members and executives who must approve subordination arrangements as part of corporate governance
How do you write a Subordination Agreement?
- Loan Details: Gather all existing loan agreements, including amounts, interest rates, and payment schedules
- Creditor Information: Collect legal names and contact details for all involved lenders and their authorized representatives
- Security Interests: Document any existing collateral arrangements and their priority rankings
- Payment Terms: Define the new payment hierarchy and specify any conditions for subordination
- Corporate Authority: Confirm proper authorization levels for signing the agreement under Danish law
- Documentation Review: Use our platform to generate a legally compliant agreement that includes all mandatory elements
What should be included in a Subordination Agreement?
- Party Identification: Full legal names and roles of all creditors, debtors, and authorized signatories
- Debt Description: Detailed information about existing and new debt obligations being subordinated
- Priority Terms: Clear ranking of payment priorities and conditions for subordination
- Enforcement Rights: Specific powers and limitations of each creditor under Danish financial regulations
- Default Provisions: Consequences and procedures if payment obligations aren't met
- Governing Law: Explicit statement that Danish law governs the agreement
- Termination Conditions: Circumstances under which the subordination arrangement ends
What's the difference between a Subordination Agreement and a Control Agreement?
A Subordination Agreement differs significantly from a Control Agreement in Danish business law, though both deal with creditor rights and financial arrangements. While Subordination Agreements specifically manage the priority of different creditors' claims, Control Agreements establish rules for managing and accessing collateral, often involving a third-party custodian.
- Primary Purpose: Subordination Agreements rearrange payment priorities between creditors, while Control Agreements govern access and control rights over specific assets
- Parties Involved: Subordination typically involves just creditors and debtors, whereas Control Agreements usually require a custodian or account bank
- Timing of Use: Subordination Agreements come into play when seeking new financing, while Control Agreements are established when setting up secured lending arrangements
- Legal Effect: Subordination changes payment rankings, while Control Agreements establish operational procedures for managing collateral
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