Intercreditor Agent
In financing structures with multiple layers of debt, the intercreditor agreement is the critical document that governs the relationship between different creditor classes. The Intercreditor Agent is the independent party appointed to administer this agreement, ensuring that the rights of all parties are respected, particularly in distressed or enforcement scenarios.
Our Role
We act as an independent and impartial Intercreditor Agent, providing expert administration of intercreditor agreements in complex financing transactions. Our role is purely mechanical and administrative, governed solely by the terms of the agreement and the instructions of the relevant creditor class.
We act as the central point of communication between different creditor groups, the borrower, and other agents, ensuring that all notices and documents are forwarded promptly and accurately to the correct parties.
We administer the payment waterfall and other priority provisions as defined in the intercreditor agreement, both before and during an enforcement scenario, ensuring the ranking and priority of claims are strictly observed.
In a default scenario, we manage the application of any standstill periods and coordinate enforcement actions according to the instructions of the directing creditor group, as stipulated in the agreement.
We manage the voting and consent process for any waivers, amendments, or modifications to the finance documents that require coordination between different creditor classes under the terms of the intercreditor agreement.
Unimpeachable Impartiality
As a conflict-free third party, Aether has no vested interest in the outcome of any dispute between creditor classes. Our duty is solely to the integrity of the intercreditor agreement. This guarantees that our actions are always impartial and transparent, providing critical assurance to all parties that the "rules of the road" will be followed without bias.
Procedural Certainty in Distress
Our team has deep expertise in the mechanics of complex debt structures and distressed situations. We are adept at navigating the complexities of inter-creditor dynamics during a workout or restructuring, ensuring that every action taken is robust, defensible, and strictly in accordance with the legal documentation.
Confidential Consultation
To discuss the appointment of an independent Intercreditor Agent, please contact us.