An Intercreditor Agreement (or inter-creditor deed) is a contract between two or more creditors. Such an agreement comes into effect when the borrower has two (or more) lenders. The lenders sign a contract among themselves stipulating all the needed points. The contract includes details like dis...
In many Agreements, the senior lender dictates the terms of the lien because there is often an imbalance of power. If the junior lender fails to negotiate the deed strongly, they may be at a disadvantage in a downside scenario. For example, a junior lender may have fewer resources and need...
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An intercreditor agreement is a deed that regulates the interests and rights of the lenders when more than one lender funds for the same borrower. The deed will clearly state the rights to receive payments (Principal, interest, etc.) and the rights to impose security cover over the lender’s...
Intercreditor Provisions(a) Notwithstanding anything herein to the contrary, (i) the Liens and security interests granted to the Collateral Agent for the benefit of the Secured Parties pursuant to this Agreement and (ii) the exercise of any right or remedy by the Collateral Agent hereunder or th...
JPMORGAN CHASE BANK, N.A, the entity named in the foregoing instrument, and who acknowledged that he, in such capacity, being authorized to do so, executed the foregoing instrument as such entity’s voluntary act and deed for the purposes therein contained by signing on behalf of said ...
“Enforcement Action” means any (i) judicial or non-judicial foreclosure proceeding, the exercise of any power of sale, the taking of a deed or assignment in lieu of foreclosure, the obtaining of a receiver or the taking of any other enforcement action against the Premises or Borrower, inclu...