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  • Mezzanine Debt: Suggested Standard Form Of Intercreditor Agreement

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These difficulties have led to a significant push from mezzanine lenders, first mortgage lenders and rating agencies to develop a standard form of intercreditor .

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A contract, often a deed, which regulates the respective rights and ranking of two or more funders (often both debt and equity) in a financing.

Key Provisions to Focus on when Negotiating Intercreditor... Identity of Mezzanine Lender. ... Foreclosure of Pledged Equity Collateral. ... Cure Rights. ... Purchase Option. ... Consent Rights. ... Financing of Mezzanine Loan. ... Mezzanine Lender as “Affiliate” of Mortgage Borrower.

Mezzanine financing is a flexible form of long-term capital which includes the following structures: Subordinated debt plus an "equity kicker" in the form of warrants to purchase common stock; Subordinated debt plus an equity co-investment; Subordinated debt without equity; Convertible debt; and. Preferred equity.

It can include provisions specifying who has the right to declare defaults, to foreclose on the collateral, to grant waivers, or to make amendments to the loan agreements and security agreements. This agreement can also specify how payments from the borrower are to be applied among the lenders.

Mezzanine financing exists in a company's capital structure between its senior debt and its common stock as either subordinated debt, preferred equity, or some combination of these two. The most common structure for mezzanine financing is unsecured subordinated debt.

In a typical intercreditor agreement, lenders with competing liens claim the proceeds of collateral, while an AAL covers all collateral proceeds and all payments received under the credit documents.

Usually, the rights the contract regulates include rights to receive payments (such as principal, interest and fees prior to any enforcement of security) from, and rights to enforce security over the assets of, a common debtor.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232