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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."
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
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
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
Real Estate
Banking & Finance
Retail
Manufacturing
Hospitality
Commercial Office
Industrial & Warehousing
Healthcare
Education
Technology
Legal
Real Estate
Finance
Risk Management
Operations
Facilities Management
Corporate Secretariat
Credit Administration
Property Management
Asset Management
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
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