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Landlord Lien Subordination Agreement Template for Philippines

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Key Requirements PROMPT example:

Landlord Lien Subordination Agreement

"I need a Landlord Lien Subordination Agreement for a manufacturing facility in Manila, Philippines, where my tenant requires bank financing of PHP 50 million, and the bank wants priority over my landlord's lien rights."

Document background
The Landlord Lien Subordination Agreement is essential in Philippine commercial real estate transactions where tenants require financing secured by their assets located within leased premises. Under Philippine law, landlords typically have statutory and contractual liens over tenant property to secure rent payment and other lease obligations. However, lenders often require first-priority security interests in the tenant's assets to provide financing. This agreement resolves this conflict by having the landlord voluntarily subordinate their lien rights to the lender's security interest, while maintaining their secondary claim position. The document addresses crucial elements including the scope of subordination, notice requirements, and remedies, all within the context of Philippine property and security laws.
Suggested Sections

1. Parties: Identifies all parties to the agreement including the landlord, tenant, and lender(s)

2. Background: Recitals explaining the context of the lease agreement, existing liens, and need for subordination

3. Definitions: Defines key terms used throughout the agreement including Property, Lease, Security Interest, and Subordination

4. Acknowledgment of Lease: Confirms the existence and validity of the lease agreement and any modifications

5. Subordination: Core provision detailing the subordination of the landlord's lien rights to the lender's security interest

6. Representations and Warranties: Statements by the landlord regarding their authority, ownership, and existing encumbrances

7. Notice Requirements: Procedures for providing notice between parties regarding defaults, enforcement, or changes

8. Term and Termination: Duration of the subordination agreement and conditions for termination

9. Governing Law: Specifies Philippine law as governing law and jurisdiction for disputes

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Insurance and Loss Payee Provisions: Required when specific insurance arrangements need to be addressed between landlord and lender

2. Personal Property Provisions: Include when the subordination extends to liens on personal property within the leased premises

3. Multiple Lender Provisions: Required when there are multiple lenders with different priority rankings

4. Restoration Obligations: Include when there are specific requirements regarding property restoration after default or termination

5. Assignment and Transfer: Include when parties anticipate potential transfers of their interests

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property subject to the lease and subordination

2. Schedule B - Lease Agreement Details: Summary or copy of the relevant lease agreement and any amendments

3. Schedule C - Security Interests: Details of existing security interests and their registration particulars

4. Schedule D - Authorized Signatories: List of authorized signatories and their powers for each party

5. Schedule E - Notice Details: Contact information and addresses for notices for all parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

Banking & Finance

Retail

Manufacturing

Hospitality

Commercial Office

Industrial & Warehousing

Healthcare

Education

Technology

Relevant Teams

Legal

Real Estate

Finance

Risk Management

Operations

Facilities Management

Corporate Secretariat

Credit Administration

Property Management

Asset Management

Relevant Roles

Real Estate Manager

Property Manager

Legal Counsel

Finance Director

Commercial Lease Manager

Risk Manager

Asset Manager

Credit Officer

Facilities Manager

Corporate Secretary

Chief Financial Officer

Operations Director

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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