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Deed Of Subordination
"I need a Deed of Subordination for a senior bank loan of £5M and a junior shareholder loan of £1M, where the junior creditor is restricted from receiving any payments until January 2025 when the senior loan is expected to be fully repaid."
1. Parties: Identifies all parties to the deed including Senior Creditor, Junior Creditor, and Debtor
2. Background: Explains the context of existing debts and reason for subordination
3. Definitions: Defines key terms including Senior Debt, Junior Debt, and Subordination Period
4. Subordination Provisions: Core terms establishing the subordination arrangement
5. Restrictions on Junior Debt: Limitations on payments and enforcement of junior debt
6. Turnover Provisions: Requirements to pay over any received amounts to senior creditor
7. Duration: Period of effectiveness of the subordination
8. Execution: Formal execution blocks for all parties
1. Security Provisions: Required when secured debt is involved - include when either debt is secured
2. Further Assurance: Obligations to take additional steps if required - include in complex arrangements or where future actions may be needed
3. Assignment Provisions: Rules regarding transfer of rights - include when transfer rights are important to parties
1. Schedule 1 - Senior Debt Documents: Lists all documents evidencing senior debt
2. Schedule 2 - Junior Debt Documents: Lists all documents evidencing junior debt
3. Schedule 3 - Form of Accession Deed: Template for additional parties to join the arrangement
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