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: 14 In this structure, ABL lenders have a first right to pledge working capital assets and a second right to pledge on investment or long-term assets. Long-term lenders have a first right of guarantee on investment or long-term assets and a second right of guarantee for working capital assets. 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. 16 With respect to the first right, the bondholders had the highest interest rate among the creditors and therefore argued for the delimitation of post-petition interest (the method of allocating interest after the petition), that such interest was authorized or authorized by the petition as part of their claim against the debtors , so that bondholders would have received a larger share of the payments. The non-recipient disputed and argued that the distributions should be prorated on the basis of the sums owed at the time of the petition (the method of assigning the date of the petition).
Bankruptcy courts are increasingly willing to interpret AIC and AALs and to apply the clear language of these agreements to the facts. Creditors should be aware that, even if they prefer to engage in litigation in an alternative forum, these disputes are generally considered fundamental proceedings and may be tried by the bankruptcy court. This is particularly noteworthy because bankruptcy courts are capital tribunals and judges often address these disputes pragmatically. In addition, priority creditors appear to continue to bear the risk of agreements that do not restrict the rights of subordinate creditors in the event of bankruptcy, with clear and clear language. Standard General had proposed, as a stalking-horse bidder, to purchase about half of the RadioShack stores through a credit offer. Cerberus, the first-term lender, initially refused the sale, but then withdrew its argument. Salus allegedly violated Section 14 (c) of the AAL term loan,15 which prevented the last lenders from objecting to a sale, even for reasons that could only be invoked by a secured creditor if the lender had agreed. Some ABL lenders also declined the sale for other reasons. 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.