South Dakota Subordination Provision

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

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

Primary tabs. 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.

Types of subordinated debt include high yield bonds, mezzanine with and without warrants, Payment in Kind (PIK) notes, and vendor notes, ordering from the highest to the lowest priorities, respectively. Another way to express the different priorities of securities is with a subordination scale.

Subordination agreements are used to legally establish the order in which debts are to be repaid in the event of a foreclosure or bankruptcy. In return for the agreement, the lender with the subordinated debt will be compensated in some manner for the additional risk.

High-yield bondholders primarily consider four types of subordination: Contractual subordination. Debt of the issuer that is defined as 'senior indebtedness' under the bond documentation is expressly senior in right of payment to the bonds. Collateral subordination. ... Structural subordination. ... Temporal subordination.

Lien subordination refers to the order in which claims on collateral are prioritized. This takes place most often among senior secured lenders and does not imply that one tranche of senior debt has payment preference over another.

Get the terminology right In addition, a deed of priority usually addresses what steps each lender may take to enforce its security. Subordination deed ? this deals with the entitlement of the different creditors to receive payments .

If a credit event (or default) occurs, a subordination agreement provides a senior lender superior repayment rights than the subordinated lender. Two types of subordination agreements are: Executory Subordination and Automatic Subordination.

Broadly, there are two types of subordination: structural (common in the UK and mainland Europe) and contractual (common in the US). On a contractual subordination, loans are made to the same company but the senior creditor and junior creditor agree priority of payment by contract.

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South Dakota Subordination Provision