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Docket #0594 Date Filed: 4/9/2011 Exhibit N New Intercreditor Agreement PHIL1 14615501 1+!+$+ #W 1110160110411000000000003 PLAN SUPPLEMENT DRAFT 4/9/11 INTERCEPTOR AGREEMENT This INTERCEPTOR AGREEMENT

How to fill out new intercreditor agreement

How to fill out a new intercreditor agreement:

1. Understand the purpose and scope of the agreement: Before filling out the new intercreditor agreement, it is important to have a clear understanding of its purpose and what it intends to achieve. Familiarize yourself with the terms and conditions outlined in the agreement.
2. Determine the parties involved: Identify all the parties involved in the agreement, including the senior lender, junior lender, and any other relevant stakeholders. Confirm their roles, responsibilities, and obligations as mentioned in the agreement.
3. Review the terms and conditions: Carefully read through the terms and conditions specified in the agreement. Pay attention to details such as repayment schedules, interest rates, default provisions, subordination clauses, and any rights or restrictions imposed on the parties involved.
4. Seek legal advice if necessary: If you are unfamiliar with the legal implications or complex terms mentioned in the intercreditor agreement, it is advisable to seek legal advice. An attorney experienced in finance and contract law can guide you through the process and ensure all legal requirements are met.
5. Fill in the necessary information: Once you have a thorough understanding of the agreement, proceed to fill in the necessary information. This may include the names and addresses of the parties involved, loan amounts, maturity dates, and any other specific details required.
6. Ensure all parties sign the agreement: After completing the intercreditor agreement, it is crucial to ensure that all parties involved sign the document. This confirms their acceptance and acknowledgment of the terms outlined in the agreement.

Who needs a new intercreditor agreement?

1. Businesses with multiple lenders: When a company has secured funding from different lenders, such as a senior lender and a junior lender, a new intercreditor agreement may be necessary. This agreement establishes the rights and priorities of each lender in the event of default or bankruptcy.
2. Real estate developers and investors: In the real estate industry, intercreditor agreements are commonly used when multiple financing sources are involved in a project. These agreements help define the rights and interaction between lenders, especially when there are different tiers of debt or mezzanine financing structures.
3. Private equity firms and portfolio companies: Intercreditor agreements are also relevant in private equity transactions. When a private equity firm acquires a portfolio company with existing debt, a new intercreditor agreement may be required to clarify the relationship between the new owners, existing lenders, and any additional financing obtained.

In summary, anyone involved in a complex financing arrangement with multiple lenders or stakeholders should consider the need for a new intercreditor agreement. It is essential to carefully fill out and understand the terms of this agreement to ensure all parties' rights and obligations are properly addressed.

For pdfFiller’s FAQs

What is new intercreditor agreement?

A new intercreditor agreement is a legal contract that establishes the rights and obligations of multiple creditors in relation to a borrower's assets or collateral.

Who is required to file new intercreditor agreement?

The parties involved in the lending agreement, such as the primary creditor, secondary creditors, and the borrower, are required to file the new intercreditor agreement.

How to fill out new intercreditor agreement?

To fill out a new intercreditor agreement, the parties involved need to review the terms and conditions of the agreement, provide the necessary information about the loans, collateral, priority of payments, and other relevant details, and sign the agreement.

What is the purpose of new intercreditor agreement?

The purpose of a new intercreditor agreement is to establish the rights, priorities, and relationships between multiple creditors in the event of default or bankruptcy of the borrower.

What information must be reported on new intercreditor agreement?

The new intercreditor agreement should include information about the identities of the creditors and the borrower, details of the loans, the priority of payments, collateral, default and bankruptcy provisions, and any other relevant terms and conditions.

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