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Deed Of Subordination Of Directors Loan Template for Ireland

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Key Requirements PROMPT example:

Deed Of Subordination Of Directors Loan

"I need a Deed of Subordination of Directors Loan under Irish law to subordinate three directors' loans totaling €500,000 to a new bank facility of €2 million, with the subordination to remain in place until January 15, 2025."

Document background
The Deed of Subordination of Directors Loan is commonly used in Irish corporate financing arrangements when directors have provided loans to their company and there is a need to formally establish the priority of different debts. This typically occurs when a company is seeking additional financing from banks or other creditors who require assurance that their loans will take priority over existing directors' loans. The deed details the terms of subordination, including when payments can be made on the subordinated debt, what happens in case of company insolvency, and how the arrangement affects the rights of all parties involved. It's particularly important in scenarios where companies are restructuring their debt, seeking new investment, or managing financial difficulties. The document must comply with Irish company law requirements, particularly the Companies Act 2014, and needs to be properly executed as a deed to be effective.
Suggested Sections

1. Parties: Identification of the Company, the Director(s) providing the loan(s), and any Senior Creditors

2. Background: Recitals explaining the existing loan arrangements and the purpose of subordination

3. Definitions and Interpretation: Definitions of key terms including Senior Debt, Subordinated Debt, Enforcement Action, etc.

4. Subordination: Core provisions establishing the subordination of the Director's loan to other specified debts

5. Undertakings by the Director: Director's commitments regarding the subordinated debt, including restrictions on enforcement and assignment

6. Permitted Payments: Circumstances under which payments on the subordinated debt may be made

7. Turnover of Receipts: Obligations to pay over any unauthorized receipts to senior creditors

8. Protection of Subordination: Provisions ensuring the subordination remains effective in insolvency or similar events

9. Duration: Period of effectiveness and conditions for termination of the subordination

10. Representations and Warranties: Standard confirmations about authority, enforceability, and no conflicts

11. Further Assurance: Obligations to take additional actions if needed to give effect to the subordination

12. Governing Law and Jurisdiction: Confirmation of Irish law governance and jurisdiction

13. Execution Page: Formal execution blocks meeting Irish deed requirements

Optional Sections

1. Senior Creditor Rights: Additional provisions when there are specific senior creditors who are party to the deed

2. Payment Conditions: Specific conditions for permitted payments, used when there are particular financial metrics or tests

3. Multiple Directors Provisions: Additional provisions when multiple directors have loans being subordinated

4. Security Provisions: Provisions dealing with any security held for the subordinated debt

5. Amendments to Subordinated Debt: Restrictions on amendments to the subordinated debt terms

6. Assignment and Transfer: Detailed provisions on permitted transfers, used when transferability is a concern

Suggested Schedules

1. Schedule 1 - Form of Deed of Accession: Template for additional parties to accede to the deed

2. Schedule 2 - Details of Subordinated Debt: Specific details of the loan(s) being subordinated including amounts, dates, and terms

3. Schedule 3 - Form of Subordinated Debt Document: Template or copy of the subordinated loan agreement

4. Schedule 4 - Notice Requirements: Details of how notices should be given under the deed

5. Appendix 1 - Companies Registration Office Forms: Any required CRO forms for filing in Ireland

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Financial Services

Technology

Manufacturing

Real Estate

Retail

Professional Services

Healthcare

Construction

Energy

Telecommunications

Transportation and Logistics

Hospitality

Relevant Teams

Legal

Finance

Corporate Governance

Treasury

Compliance

Risk Management

Company Secretariat

Corporate Development

Banking Relations

Relevant Roles

Chief Financial Officer

Finance Director

Company Director

Company Secretary

Financial Controller

Corporate Lawyer

Legal Counsel

Treasury Manager

Risk Manager

Compliance Officer

Investment Director

Banking Relationship Manager

Restructuring Officer

Corporate Finance Manager

Industries








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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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