These documents (for which the context allows, text, content, tables with macros and electronic interfaces, as well as their underlying assumptions, conversions, formulas, algorithms, calculations and other mathematical and financial techniques) are made available to members of the Credit Market Association, in accordance with the statutes of the Credit Market Association (a copy of which is available here) to facilitate the documentation of transactions in the credit markets. None of the Loan Market Association, Allen-Overy or Clifford Chance assumes any responsibility for any use of these materials or any loss, damage or liability resulting from such use. None of the Loan Market Association, Allen-Overy or Clifford Chance has considered the laws of a jurisdiction that may apply to any of the parties to an agreement using these materials and its purpose. Members should therefore consider all relevant legal, accounting and regulatory issues before using these materials or entering into a transaction in connection with these materials and, if necessary, consulting with their professional advisors. This communication of practice compares the main conditions of the Intercretor Agreement (LMA) for financing of loan-financed acquisitions (LMA Leveraged Intercreditor Agreement) (LMA- Leveraged Intercreditor Agreement), the LMA`s intercreator contract for transactions real estate financing (senior/mezzanine), for which mezzanine debt is structurally subordinated (LMA REF Intercreditor Agreement – Structural Subordination) and the LMA Interbank Agreement for Real Estate Financing Operations (Senior Mezzanine), in which mezzanine debt is not structurally subordinated, but only subject to contractual subordination in the Intercreditor Agreement (LMA REF Intercreditor Agreement) (together the Intercreditor Agreements). We have published a revised agreement on the conversion of tempered window (Lookback without observational movement). new agreement on the average exchange rate agreement (retrospective with postponement of compliance); Revised comments on tariff change mechanism agreements; The maturity sheet for tariff-change facility agreements; and RFR conditions for use in addition to the revised replacement of the screen flow language. LMA Leveraged Intercreditor Agreement was the first of the LMA intercreator agreements to be published and is suitable for different types of transactions. Prior to the publication of the LMA REF Intercreditor Agreement, it was often adapted for use in real estate financing operations. Note that the LMA has issued two additional inter-pricing agreements for high-yield bond transactions and another inter-signed agreement for transactions involving a super senior revolution facility and a facility structure for priority maturities.
Our documentation is developed after extensive consultation with leading credit firms and law firms to represent a common consensus vision of documentation structures. Standardizing document “boiler panels” allows lenders and borrowers to focus on the most important commercial aspects of individual transactions.