The Deed of Trust Subordination Agreement is essential in complex financing arrangements involving trust structures in Australia. It is typically used when multiple creditors have security interests in trust assets, and there is a need to formally establish the ranking of these interests. The document becomes particularly relevant in project financing, property development, or corporate restructuring scenarios where trust structures are utilized. It addresses the specific requirements of Australian trust law, including the Trusts Act and Personal Property Securities Act, while providing clear mechanisms for debt prioritization, payment waterfalls, and enforcement rights. The agreement is crucial for protecting senior creditors' interests while allowing trustees to manage trust assets effectively and maintain clear governance structures.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
1. Parties: Identifies all parties to the agreement including the Senior Creditor, Subordinate Creditor, Trustee, and Debtor
2. Background: Recitals explaining the existing trust arrangements, senior and subordinate debt positions, and purpose of subordination
3. Definitions and Interpretation: Defines key terms including Senior Debt, Subordinate Debt, Trust Property, Security Interests, and interpretation clauses
4. Subordination: Core provisions detailing the subordination arrangement and ranking of security interests
5. Undertakings: Commitments by parties regarding the subordinated position, including restrictions on enforcement
6. Trust Acknowledgments: Acknowledgments regarding the trust relationship and trustee's powers
7. Payment Provisions: Rules governing payments, including payment hierarchy and restricted payments
8. Enforcement: Rights and restrictions regarding enforcement of security interests
9. Duration and Termination: Term of the subordination arrangement and circumstances for termination
10. General Provisions: Standard provisions including notices, amendments, governing law, and jurisdiction
1. Security Trustee Provisions: Include when a security trustee is appointed to hold security for multiple creditors
2. Turnover Provisions: Include when there's a need to specify mechanisms for returning incorrectly received payments
3. Further Assurance: Include when parties need to execute additional documents or take further actions
4. Power of Attorney: Include when senior creditor requires power to act on behalf of subordinate creditor in specific circumstances
5. Deed of Priority: Include when multiple secured creditors require detailed priority arrangements
6. Assignment and Transfer: Include when parties anticipate potential transfers of rights or obligations
1. Schedule 1 - Senior Debt Details: Details of existing senior debt facilities and security interests
2. Schedule 2 - Subordinate Debt Details: Details of subordinated debt facilities and security interests
3. Schedule 3 - Trust Property: Description of trust assets subject to the subordination arrangement
4. Schedule 4 - Security Documents: List of relevant security documents and their priority
5. Schedule 5 - Form of Accession Deed: Template for new parties to accede to the agreement
6. Appendix A - Notice Requirements: Prescribed forms and procedures for notices under the agreement
Find the exact document you need
Lien Subordination Agreement
An Australian law agreement establishing priority arrangements between multiple secured creditors, where one creditor agrees to subordinate their security interest to another.
Download
Lease Subordination Non Disturbance And Attornment Agreement
An Australian tri-party agreement establishing rights and obligations between landlord, tenant, and lender in a mortgaged property lease arrangement.
Download
Lease Subordination Agreement
An Australian legal agreement that establishes the priority between a lease and a mortgage/security interest over a property, defining the relationship between landlord, tenant, and lender rights.
Download
Deed Of Trust Subordination Agreement
An Australian legal document establishing priority arrangements between creditors regarding trust assets and debt obligations, with senior debt taking precedence over subordinated debt.
Download
Deed Of Attornment
An Australian legal document that formalizes the acknowledgment and acceptance of a new party into an existing contractual relationship, typically used in property and financing arrangements.
Download
Letter Of Subordination Of Debts
An Australian jurisdiction document establishing debt priority arrangements between senior and junior creditors, defining payment hierarchies and subordination terms.
Download
Intercreditor And Subordination Agreement
An Australian law-governed agreement establishing priorities and relationships between different classes of creditors in a financing arrangement, including payment and enforcement rights.
Download
Deed Of Subordination
An Australian law governed document that establishes priority rankings between different classes of creditors, subordinating junior debt to senior debt.
Download
Non Disturbance Agreement
An Australian legal agreement ensuring tenant's lease rights are protected if a landlord defaults on their mortgage, maintaining the tenant's occupancy despite any foreclosure proceedings.
Download
ұԾ’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; ұԾ’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
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)