Establishes priority, standstill, and enforcement rights between a senior lender and a junior lender sharing collateral from the same borrower. Governs payment subordination and lien priority.
The Intercreditor Agreement is a ready-to-use finance & investment template you can send for signature in minutes. It is written for 2 signers (senior lender and junior lender) and, by default, expires 30 days after it is sent if left unsigned. It covers intercreditor, subordination, lien priority, senior debt, mezzanine, commercial finance. Like every Abundera Sign template it is a convenience draft structured for ESIGN Act and UETA compliance, not a substitute for legal advice. Each signed copy is sealed with PAdES-LTA digital signatures, dual RFC 3161 timestamps, and a tamper-evident evidence package in WORM storage.
Document Preview
# Intercreditor Agreement This Intercreditor Agreement (this "Agreement") is entered into as of ___________ by and between: **Senior Lender:** ___________, a ___________ ("Senior Lender"); and **Junior Lender:** ___________, a ___________ ("Junior Lender"). This Agreement is entered into with reference to the Borrower described below and the credit facilities described herein. --- ## Recitals **Borrower:** ___________, a ___________ ("Borrower"). Senior Lender has made or agreed to make loans or extend credit to Borrower in an aggregate principal amount up to ___________ pursuant to a ___________ dated ___________ (the "Senior Credit Agreement"). Junior Lender has made or agreed to make loans or extend credit to Borrower in an aggregate principal amount up to ___________ pursuant to a ___________ dated ___________ (the "Junior Credit Agreement"). Both lenders share collateral interests in the assets of Borrower described in Section 2. --- ## 1. Definitions **"Collateral"** means all assets of Borrower in which Senior Lender and Junior Lender each hold or claim a security interest, including all proceeds and products thereof. **"Senior Debt"** means all present and future obligations of Borrower to Senior Lender under or in connection with the Senior Credit Agreement, including principal, interest (including default interest and post-petition interest), fees, costs, expenses, and any obligations arising from hedging arrangements. **"Junior Debt"** means all present and future obligations of Borrower to Junior Lender under or in connection with the Junior Credit Agreement. **"Senior Default"** means any event of default under the Senior Credit Agreement, after giving effect to any applicable notice and cure period. **"Junior Default"** means any event of default under the Junior Credit Agreement, after giving effect to any applicable notice and cure period. **"Standstill Period"** means a period of ___________ consecutive days commencing on the date Junior Lender delivers written notice to Senior Lender of a Senior Default or Junior Default. **"Enforcement Action"** means any action to accelerate, demand, collect, sue on, foreclose, repossess, liquidate, or exercise any right or remedy against any Collateral or the Borrower with respect to any Debt.