Mezzanine Debt Suggested Standard Form of Intercreditor Agreement
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People also ask
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Which type of mezzanine financing will typically require the use of an intercreditor agreement?
Intercreditor agreements are most commonly used when mezzanine debt is layered on top of a senior commercial real estate loan. Typically, the agreement creates a variety of safeguards that protect that senior lender's interest in the property should the borrower default on their loan.
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What happens if you default on a mezzanine loan?
If the mezzanine borrower defaults, the mezzanine lender forecloses and becomes the new owner of the pledged entity. The pledged entity (now owned by the foreclosing mezzanine lender) remains the owner of the real estate, and the real estate remains subject to the mortgage.
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What is the meaning of Intercreditor agreement?
An agreement among lenders, or classes of lenders, describing their respective rights and obligations with respect to the borrower and its assets.
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What is the purpose of a mezzanine loan?
Mezzanine financing is a capital resource that sits between (less risky) senior debt and (higher risk) equity that has both debt and equity features. Companies use mezzanine financing to achieve goals that require capital beyond what senior lenders will extend.
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What is the difference between a convertible loan and a mezzanine loan?
Mezzanine financing usually has equity participation in the form of warrants. A convertible structure allows the lender to convert all or a portion of the principal into equity of the borrower.
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What is an example of a mezzanine financing?
Here's an example: So, Company A finds a mezzanine investor that is willing to provide $15 million. Now, $90 million is available in debt financing, so the company only needs to contribute $10 million of cash equity towards the buyout.
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What is the standard Intercreditor agreement?
An Intercreditor Agreement plays a pivotal role in the right to lien. It builds a foundation of creditor rights and priorities in case a borrower's financial position erodes and the borrower triggers an event of default. Conflicts can occur if each party exercises its rights simultaneously without such a document.
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What is a mezzanine loan agreement?
A mezzanine loan is a source of capital that is between less risky senior debt and higher-risk equity with some of the features of both. Mezzanine loans are usually subordinated to senior debt or can be preferred equity with a fixed-rate coupon or divided.
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