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- A subordination agreement is an agreement between two lien holders to modify the order of lien priority.
Subordination is the process of ranking home loans (mortgage, HELOC or home equity loan) by order of importance. When you have a home equity line of credit, for example, you actually have two loans your mortgage and HELOC. Both are secured by the collateral in your home at the same time.
A subordination agreement is a legal document that establishes one debt as ranking behind another in priority for collecting repayment from a debtor. The priority of debts can become extremely important when a debtor defaults on payments or declares bankruptcy.
Subordinate financing is debt financing that is ranked behind that held by secured lenders in terms of the order in which the debt is repaid. "Subordinate" financing implies that the debt ranks behind the first secured lender, and means that the secured lenders will be paid back before subordinate debt holders.
Subordination is essentially where a related creditor agrees to make no claim for payment of their loans until the assets (fairly valued) of the company exceeds its liabilities. Subordination agreements fall within the scope of section 8F of the Income Tax Act which deals with hybrid debt instruments.