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Intercreditor Agreement
"Need an Austrian law Intercreditor Agreement for a 鈧50M real estate financing transaction closing in March 2025, with one senior lender, two mezzanine lenders, and subordinated shareholder loans, including specific provisions for construction phase security enforcement."
1. Parties: Identification of all parties to the agreement including senior creditors, junior creditors, security agent, and borrower/debtor
2. Background: Context of the financing arrangement and purpose of the intercreditor agreement
3. Definitions and Interpretation: Definitions of key terms and interpretation principles, including Austrian law-specific definitions
4. Ranking and Priority: Establishes the ranking of debts and priority of payments between creditors
5. Payment Provisions: Regulates permitted payments to different creditor classes and payment blockage events
6. Turnover of Receipts: Provisions requiring junior creditors to turn over unauthorized payments to senior creditors
7. Security Enforcement: Rules and procedures for enforcing security, including enforcement standstill periods
8. Insolvency Provisions: Rights and obligations of parties in insolvency scenarios, including Austrian insolvency-specific provisions
9. Purchase Option: Terms under which junior creditors can purchase senior debt
10. Application of Proceeds: Waterfall provisions for the application of enforcement and insolvency proceeds
11. Amendments and Waivers: Procedures for modifying the agreement and granting waivers
12. Notices: Communication requirements and procedures between parties
13. Governing Law and Jurisdiction: Confirmation of Austrian law governance and jurisdiction provisions
1. Security Agent Provisions: Detailed provisions regarding the role and responsibilities of the security agent, required if security is held through a security trustee structure
2. Hedging Liabilities: Provisions dealing with hedging obligations and their ranking, required if hedging arrangements are part of the financing structure
3. Subordinated Shareholder Debt: Provisions regarding shareholder loans and their subordination, required if shareholder funding is part of the structure
4. Debt Trading Provisions: Regulations on trading of debt instruments, required if debt is expected to be traded
5. PIK Interest Provisions: Provisions regarding payment-in-kind interest, required for facilities with PIK components
6. Additional Creditor Accession: Mechanics for additional creditors to join the agreement, required for structures anticipating additional debt facilities
7. Release Provisions: Detailed provisions regarding release of security and guarantees, required for complex security structures
1. Form of Accession Deed: Standard form for new parties to accede to the agreement
2. Form of Debtor Accession Deed: Standard form for additional debtors to join the agreement
3. Priority of Security: Detailed ranking and priority of various security interests
4. Form of Resignation Letter: Standard form for resigning parties
5. Security Documents: List and details of all security documents
6. Notice Details: Contact details and notice requirements for all parties
7. Form of Default Notice: Standard form for notification of defaults
8. Enforcement Principles: Detailed principles governing security enforcement
Authors
Banking & Financial Services
Real Estate
Infrastructure
Manufacturing
Energy
Telecommunications
Healthcare
Retail
Technology
Transportation & Logistics
Construction
Private Equity
Mining & Resources
Hospitality & Leisure
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Finance
Debt Management
Transaction Management
Portfolio Management
Loan Administration
Restructuring
Risk Management
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Banking Lawyer
Debt Finance Manager
Credit Risk Manager
Restructuring Officer
Investment Manager
Transaction Manager
Compliance Officer
Security Trustee Officer
Loan Administrator
Portfolio Manager
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