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Subordination Clause

   Also found in: Legal, Wikipedia 0.01 sec.
Subordination clause
A provision in a bond indenture that restricts the issuer's future borrowing by subordinating future lenders' claims on the firm to those of the existing bondholders.

Subordination Clause
A clause in some contracts for debt stating that in the event of bankruptcy or liquidation, the debt in the contract will take priority over all other debts. This protects the creditor in the event that the debtor defaults. It is most common in mortgages and bonds. See also: Absolute Priority Rule.


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An excerpt from this dialogue is as follows: John: So I need to ask that your Mortgage Deed include a standard Subordination Clause, whereby you agree to put the lien of your Mortgage behind that of the construction lender.
Anticipating this behavior, the first creditor will either refuse to accept a subordination clause or will charge the borrower a premium adequate to compensate for the subsequent moral hazard.
This article examines the typical shopping center subordination clause and some common problems (and some suggested solutions) when a tenant, especially an anchor tenant negotiates a "so-called" subordination and non-disturbance agreement with a landlord's mortgagee.
 
 
 
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