Intercreditor Agent
Kroll makes payments of interest and principal and maintains an accurate holder register, facilitating any transfers between investors.
An intercreditor agreement is a contract that sets out the rights and obligations of different classes of creditors in a complex financing transaction, such as a leveraged buyout, a project finance or a restructuring. The intercreditor agreement defines the ranking and priority of claims, the allocation of payments, the enforcement of security and the resolution of disputes among the creditors.
Kroll can act as an independent and impartial intercreditor agent on behalf of the creditors, safeguarding the compliance of the intercreditor agreement and protecting the interest of all parties involved.
As an intercreditor agent, Kroll can:
- Hold and administer the common security and collateral on trust for the benefit of the secured creditors
- Make payments of interest and principal and maintain an accurate holder register, facilitating any transfers between investors
- Coordinate communication and information flow among the creditors, the borrower and other parties
- Enforce the intercreditor agreement in the event of a default, insolvency or restructuring, and distribute the proceeds of the security realization according to the agreed waterfall
- Manage the voting and consent process for any waivers, amendments or modifications of the intercreditor agreement
Kroll has extensive experience and expertise in acting as an intercreditor agent for a variety of transactions across different sectors and jurisdictions. We offer customized solutions that meet the specific needs and expectations of our clients. We also leverage our global network and resources to deliver seamless and efficient service.
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