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DRAFT REVISIONS October 16, 2023___First Lien/Second Lien Intercreditor Agreement ___[Initial First Lien Agent] [Initial Second Lien Agent] [Control Agent] [Borrower] [Holdings] [Guarantor Subsidiaries]
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How to fill out intercreditor agreement first and

01
To fill out an intercreditor agreement, follow these steps:
02
Start by stating the names and contact information of all parties involved in the agreement.
03
Clearly define the roles and responsibilities of each party.
04
Specify the terms and conditions of the agreement, including the priority of payments and the order of distribution in case of default.
05
Outline any subordination agreements or agreements with other creditors.
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Include provisions for dispute resolution and governing law.
07
Clearly define events of default and the remedies available to the parties.
08
Complete any necessary schedules or exhibits that may be required.
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Review the agreement carefully and make any necessary revisions before finalizing it.
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Have all parties sign the agreement and retain copies for future reference.

Who needs intercreditor agreement first and?

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Intercreditor agreement is crucial for various scenarios, including:
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Lenders involved in a syndicated loan where multiple lenders provide financing to a borrower. The agreement helps them establish their respective rights, priorities, and obligations in case of default.
03
Mezzanine lenders who provide financing to a borrower after senior lenders have already extended credit. The agreement helps protect their interests and define their relationships with senior lenders.
04
Subordinated lenders who provide financing to a borrower knowing that their rights are subordinate to senior lenders. The agreement ensures clarity in the rights and subordination levels of each creditor.
05
Creditors and shareholders in a debt restructuring or bankruptcy scenario. The agreement helps establish the order of payment and distribution of assets among various creditors.
06
Joint venture partners who require a clear understanding of their rights and obligations regarding the financing arrangements within the partnership.
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An intercreditor agreement is a legal contract between two or more creditors that outlines the rights and priorities of each party concerning the loans they have made to a borrower.
Typically, the creditors involved in the agreement are required to file it. This may include senior lenders and subordinate lenders who want to clearly define their relationship regarding the borrower.
To fill out an intercreditor agreement, parties should include details such as the names of the creditors, the amounts of debt involved, the terms of the agreement, and the specific rights and obligations of each party.
The purpose of an intercreditor agreement is to establish the ranking of claims among creditors and to govern the relationship and rights of creditors in the event of borrower default.
Key information that must be reported includes the identity of the creditors, the amounts owed, the terms of the loans, the priority of claims, and any conditions relating to default and enforcement.
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