Legal Templates
Postponement And Subordination Agreement

Postponement And Subordination Agreement Template for Singapore

Create a bespoke document in minutes, or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Postponement And Subordination Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Postponement And Subordination Agreement

"Need a Postponement And Subordination Agreement for a Singapore property development project where three junior creditors will subordinate their collective debt of SGD 5 million to a senior bank loan, with the agreement to take effect from March 2025."

Celebrated by
Collaborations with
Investors

What is a Postponement And Subordination Agreement?

The Postponement And Subordination Agreement is crucial in complex financing arrangements where multiple creditors exist. It provides certainty regarding payment priorities and creditor rights, particularly important in Singapore's sophisticated financial market. This document typically details payment restrictions, turnover provisions, and enforcement mechanisms, ensuring compliance with Singapore's regulatory framework, including the Companies Act and relevant banking regulations. It's commonly used in corporate restructuring, project financing, and acquisition financing scenarios where debt hierarchy needs to be clearly established.

What sections should be included in a Postponement And Subordination Agreement?

1. Parties: Identification of all parties including Senior Creditor, Junior Creditor, and Debtor

2. Background: Context of the existing debts and reason for subordination

3. Definitions: Key terms including Senior Debt, Junior Debt, Subordination Period

4. Subordination Terms: Core provisions regarding postponement and subordination of junior debt

5. Payment Restrictions: Conditions under which payments on junior debt are restricted

6. Turnover Provisions: Requirements for junior creditor to turn over unauthorized payments

7. Representations and Warranties: Standard representations and warranties from all parties

8. Covenants: Ongoing obligations of the parties during the subordination period

9. Events of Default: Circumstances constituting breach and corresponding remedies

10. Miscellaneous: Standard boilerplate provisions including notices, amendments, governing law

What sections are optional to include in a Postponement And Subordination Agreement?

1. Security Arrangements: Details of any security interests, used when secured debt is involved

2. Intercreditor Provisions: Additional terms governing relationship between creditors, used with multiple creditors

3. Foreign Law Considerations: Special provisions for cross-border situations

4. Further Assurance: Additional obligations to execute documents or take actions to perfect the subordination

5. Assignment and Transfer: Provisions governing the transfer of rights and obligations, if permitted

What schedules should be included in a Postponement And Subordination Agreement?

1. Schedule of Existing Debts: Details of all senior and junior debts subject to the agreement

2. Form of Accession Deed: Template for additional parties to join the agreement

3. Payment Waterfall: Detailed order of priority for payments

4. Form of Subordination Notice: Standard form notice to be given to relevant parties regarding the subordination

5. Security Documents: List and copies of relevant security documents (if applicable)

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Senior Creditor
Junior Creditor
Debtor
Senior Debt
Junior Debt
Security
Subordination Period
Enforcement Action
Event of Default
Payment
Permitted Payment
Subordinated Rights
Security Documents
Business Day
Discharge Date
Distribution
Insolvency Event
Liability
Priority Debt
Turnover Proceeds
Acceleration Event
Secured Obligations
Subordination
Effective Date
Finance Documents
Material Adverse Effect
Relevant Jurisdiction
Security Interest
Termination Date
Enforcement Notice
Industries

Companies Act (Cap. 50): Key legislation governing corporate matters including company charges, priorities, debt subordination, requirements for registration of charges, and corporate authority and capacity

Securities and Futures Act (Cap. 289): Regulations pertaining to securities, financial instruments, and priority of security interests in the context of subordination agreements

Banking Act (Cap. 19): Legislation governing regulated financial institutions and priority of claims, particularly relevant if any parties are banks or financial institutions

Insolvency, Restructuring and Dissolution Act 2018: Governs priority of creditors' claims in insolvency, treatment of subordinated debt in restructuring, and bankruptcy scenarios

Contract Law: Common law principles of contract formation, including Misrepresentation Act and Unfair Contract Terms Act

Property Law: Legal framework governing security interests and priorities between creditors in relation to property

Registration Requirements: ACRA (Accounting and Corporate Regulatory Authority) registration requirements and filing obligations for charges and security interests

MAS Guidelines: Monetary Authority of Singapore guidelines applicable when financial institutions are involved in subordination agreements

International Law Considerations: Cross-border legal implications and requirements if the agreement involves international parties or assets

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Attornment And Non Disturbance Agreement

A Singapore law agreement establishing rights and obligations between landlord, tenant, and lender in property financing arrangements, ensuring lease continuation during ownership changes.

find out more

Postponement And Subordination Agreement

A Singapore law agreement establishing debt priority between creditors, subordinating junior debt to senior debt obligations.

find out more

Deed Of Attornment

A Singapore legal document that establishes the relationship between a new landlord and existing tenant when property ownership changes.

find out more

Subordinated Creditors Security Agreement

A Singapore law agreement establishing priority and ranking of creditors' security interests over assets, with subordination arrangements.

find out more

Letter Of Subordination Of Debts

A Singapore law-governed document establishing priority between different creditors, where one creditor agrees to subordinate their debt claims to another.

find out more

Loan Subordination Agreement

A Singapore law-governed agreement establishing payment priority between senior and junior creditors in a lending arrangement.

find out more

Intercreditor And Subordination Agreement

A Singapore law-governed agreement establishing priorities and rights between different classes of creditors in relation to shared security and debt obligations.

find out more

Deed Of Subordination

A Singapore law-governed deed that establishes the ranking and priority between different debts owed by a debtor.

find out more

Intercompany Subordination Agreement

A Singapore law-governed agreement establishing payment priorities between different entities within a corporate group for their intercompany debt obligations.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.

Read our Privacy Policy.