In addition, the primary lender may deliberately delay approval of the agreement, which may be up to the junior lender. This could prove frustrating for the junior lender. An intercreditor agreement (or inter-creditor agreement) is a contract between two other creditors. Such an agreement comes into effect when the borrower has two (or more) lenders. Lenders sign a contract between them specifying all the necessary points. The contract contains details such as dispute settlement, different deposit positions, creditors` responsibilities, each creditor`s debts, impact on other creditors, etc. In many inter-credit agreements, it is often common for the chief lender to dictate the terms of the pledge. However, in cases where a junior lender is not trading hard, the senior lender may disadvantage a junior lender. In some cases, a junior lender may face artificial delays on the part of the primary lender to seek authorization to enter into an agreement or right. Such an approach can thwart the process and force the junior lender to capitulate. A senior debt credit agreement consists of sensitive issues, such as interest charges, costs and allowances, which favour the priority lender over junior lenders.
It is also common for a primary lender to be able to modify them without the consent of a junior lender. Therefore, a junior lender should negotiate a cap on the amount of priority debt and ensure that there is a clause preventing the priority lender from changing the terms of the priority loan. The agreement could also include repayment restrictions. A junior lender may agree that it would not require repayment before the full repayment of the priority debt, with the exception of interest or other payments, as agreed. Such an agreement plays a decisive role in the right to collateral. Therefore, the agreement is important to all lenders, as it is the basis of rights and priorities if the borrower is not able to pay properly or be insolvent. Typically, there are two creditors in an inter-creditor agreement – one senior and the other a secondary or junior lender. Company A, for example, receives a loan from Bank A for a large project. Subsequently, Company A also receives a relatively modest loan from Bank B for further development of the same project. In this case, Bank A is the senior lender and Bank B is the junior lender. But in the event of a senior/junior lender case, the lenders enter into an inter-creditor agreement.
Such an agreement helps them define their respective rights. The junior lender should consider meeting the contractual terms for the project in the event of a delay in payment from the borrower. In the event of such a situation, the junior lender should be aware that there are usually only two options: either to inject funds into the project, to remedy financial defaults under the senior lender, or to pay the priority lender. This last point is often almost impossible in cases where the priority lender has provided very large financing. As a general rule, each party should be informed of the critical elements of the agreement for each act signed by two or more parties. It is therefore necessary for a junior lender to reach a clear ground before the start of the transaction and identify fundamental issues: another provision of the agreement between creditors could be a stalemate. Subsequently, the junior lender is prevented from taking action against the borrower to enforce its debt. As a general rule, the restriction is to take action (require payment, take legal action, etc.) for a specified period of time.
In addition, the status quo period extends until the execution process of the primary lender is opened. Sometimes the period extends to the full repayment of the priority debt. However, in some cases, there are more than two lenders.