Furthermore, intercreditor agreements typically need that, ahead of any payments being made due to your debt held by the Tranche B loan provider (whether pursuant up to a verified plan or upon a disposition of collateral), the senior loan provider needs to be compensated in complete. To efficiently allow for this outcome, appropriate “constructive trust” or “turnover clauses” must certanly be written in to the intercreditor contract.
Tranche B loan providers like to avoid treatment enforcement standstill conditions underneath the theory that the lender that is senior protected by its superior lien rights along with other conditions identified above that the senior loan provider has negotiated to safeguard its place within the money framework. Some senior loan providers will insist upon standstill provisions while some might not have a constant approach and will assess their effectiveness in line with the facts and circumstances of every borrower and capital framework.
The provision that is standstill built to avoid a Tranche B or any other junior loan provider from exercising its contractual, common legislation and statutory treatments from the debtor for many period of time following the event of certain seminal, problematic occasions within the lender/borrower relationship. (more…)