Collin Texas Security Interest Subordination Agreement

Name: Collin Texas Security Interest Subordination Agreement
Brand: US Legal Forms
Rating: 4.86 (276 reviews)

Category:

Real Estate - Mortgages and Deeds of Trust

State:

Multi-State

County:

Collin

Control #:

US-0594BG

Format:

Instant download

Description

This form is a security interest subordination agreement.

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FAQ

Subordination agreement is a contract which guarantees senior debt will be paid before other subordinated debt if the debtor becomes bankrupt.

Subordination is essentially where a related creditor agrees to make no claim for payment of their loans until the assets (fairly valued) of the company exceeds its liabilities. Subordination agreements fall within the scope of section 8F of the Income Tax Act which deals with hybrid debt instruments.

The lender might require a subordination agreement to protect its interests should the borrower place additional liens against the property, such as if she were to take out a second mortgage. The "junior" or second debt is referred to as a subordinated debt.

Security interest is an enforceable legal claim or lien on collateral that has been pledged, usually to obtain a loan. The borrower provides the lender with a security interest in certain assets, which gives the lender the right to repossess all or part of the property if the borrower stops making loan payments.

If at any time any Grantor shall take a security interest in any property of an Account Debtor or any other person to secure payment and performance of an Account, such Grantor shall promptly assign such security interest to the Collateral Agent.

Subordinated Security Interest means any security interest in or lien, if any, on the Collateral in favor of the Creditors, or any of them, arising from the Subordinated Debt.

An intercreditor agreement will generally be needed where there are competing debt interests in the borrower and there is more than one type of secured creditor. Intercreditor agreements are more common on certain kinds of transactions than others.

Related Content. A contract, often a deed, which regulates the respective rights and ranking of two or more funders (often both debt and equity) in a financing.

One of the most common examples of a security interest is a mortgage: a person borrows money from the bank to buy a house, and they grant a mortgage over the house so that if they default in repaying the loan, the bank can sell the house and apply the proceeds to the outstanding loan.

An intercreditor agreement is a bit different than a subordination agreement. They both serve to do the same thing, allow two different lenders to split up the collateral of a business so both can be secured in the first lien on their respective collateral.

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Collin Texas Security Interest Subordination Agreement

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FAQ

What is the meaning of a subordination agreement?

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What is a subordinated security interest?

Why do you need an Intercreditor agreement?

What is a Intercreditor agreement?

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What is the difference between a subordination agreement and an Intercreditor agreement?

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