Delaware Subordination Provision

State:
Multi-State
Control #:
US-OL20022A
Format:
Word; 
PDF
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Description

This office lease is subject and subordinate to all ground or underlying leases and to all mortgages which may affect the lease or the real property of which demised premises are a part and to all renewals, modifications, consolidations, replacements and extensions of any such underlying leases and mortgages. This clause shall be self-operative.

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FAQ

A subordination clause is a clause in an agreement that states that the current claim on any debts will take priority over any other claims formed in other agreements made in the future. Subordination is the act of yielding priority.

The creditor usually will require the debtor to sign a subordination agreement which ensures they get paid before other creditors, ensuring they are not taking on high risks.

Subordination Agreements: Underwriting Guidelines To be insurable, ... The instrument must be properly executed, acknowledged, and recorded. If there are modifications or changes in the terms of the new mortgage after the original transaction, an amended subordination may be required to reflect these changes.

A standard subordination agreement covers property owners that take a second mortgage against a property. One loan becomes the subordinated debt, and the other becomes (or remains) the senior debt. Senior debt has higher claim priority than junior debt.

Subordination is the act or process by which one person or creditor's rights or claims are ranked below those of others, dealing with the distribution priority of debts between creditors.

A subordination agreement must be signed and acknowledged by a notary and recorded in the official records of the county to be enforceable.

Elements of Claim for Equitable Subordination the creditor whose claim is sought to be subordinated must have engaged in some type of inequitable conduct; the misconduct must have resulted in injury to the creditors of the bankrupt company or conferred an unfair advantage on the claimant; and.

Four types of subordinate clauses are discussed in this feature: concessive, time, place and reason. A subordinate clause is a clause that supports ideas stated in the main clause. Subordinate clauses are also dependent on main clauses and would be otherwise incomprehensible without them.

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Delaware Subordination Provision