08 Sep Aal Credit Agreement
Under the Bankruptcy Code, a subordination agreement is as applicable in insolvency as it is outside it. Typically, insolvency courts treat and implement an AAL as a subordination agreement. However, some provisions could be contrary to the basic bankruptcy directives, for example. B to classification and voting. In the case of unitranche financing, lenders exceed the terms of a tranche of debt through an ancillary agreement called a lender-to-lender agreement or AAL. The underlying tranche can be almost any type of secured debt, including a priority or post-maturity pawnshop, or a revolver or both. After closing, the lender brings additional loans among the original credit documents. Irrespective of this, lenders enter into an agreement between lenders that has the characteristics of a last-line participation agreement and the characteristics of an interconnection agreement. This agreement, known as the Agreement Between Lenders (AAL), creates “first-out” and “last-out” tranches with separate rights. The borrower is still part of a single set of loan documents and the AAA synthetically creates rights and remedies for lenders, which are similar to the rights and remedies that would exist under a loan structure for a first right of pledge/ second right of pledge, including the redistribution of interest payments, in order to give a higher effective interest rate to the last Out Lenders, who take more risk, including the creation of voting rights and a payment water. If LO lenders decide to pursue remedies, FO lenders can take control of the remedies when they act before the LO lender stops.
Secured and unsecured creditors have reasonable rights in the event of insolvency. Unsecured creditors may vote on a plan and oppose action taken or not taken in this matter. Secured creditors have all the rights of unsecured creditors and more, such as the right to offer credit and to object to self-financing secured by pledge rights, which have priority or pari passu with that creditor`s pledge rights, the use of cash collateral and the sale of assets. Credit markets have cooled and there are signs that transactions in the direct credit market are tending towards higher prices and more favourable documentation for lenders3 A traditional intercreditor agreement on the first right of pledge/second pledge provides that lenders of the second right of pledge may agree, in the event of late payment or after the commencement of the exercise of remedies by the first pawn agent, to acquire all the obligations of the first right of pledge. . . .