(a) All rights arising from this seller`s agreement or as part of an extension or extension of this agreement are, as noted above, governed by the right of preferred creditors to obtain payment of obligations due to them. Preferred creditors are: (i) all obligations of the debtor`s commercial accounts; and (ii) holders of bonds, bonds or bonds issued by the debtor for advances or loans extended after that date. In point 11 of the SFA, all proceeds from disposals, flotation payments, insurance, U.S. taxes and 75% of excess cash flow were to be paid in advance for one fiscal year in a pre-established payment order. The agreement of lenders holding 662/3 of the loan was necessary to amend or forego a term of the financing document, and all lenders were required to change the hierarchy or subordination according to the ICR. This is a reconciliation of the legal issues that were brought before the English courts in 2013. In the Bank of New York Mellon (London Branch) against Truvo N.V. and others  EWHC 136 (Comm) QBD, the court interpreted the SFA and IC to answer these questions. The agreements were based on the LMA type form. We are focusing on some aspects of this judgment and its relevance to syndicated loans in South Africa. (f) Where the debtor is liquidated and dissolved and all of the debtor`s assets are essentially distributed to a successor company, this subordination applies, as noted above, to the preferred creditors (as defined above) of the successor company. The court found that, in general, the conditions of priority and subordination were used to classify the payment among creditors when a deficit in the debtor`s assets is necessary to meet its liabilities, i.e. if the debtor was insolvent; and it was possible that such conditions could also be used to order payment if the debtor was solvent.
Under South African law, subordination, creditor debt, creditor`s debt, deferring or establishing the creditor`s claim, so that their means is incomplete until the condition is reached in the subordination agreement. (e) No preferred creditor has the right to apply this subordination for invalid or altered by the knowledge he has acquired or by actions or inactions by the preferred creditor, including, but not exclusively, the following acts: receipt, release or replacement of security; Granting extensions or extensions Changing debt conditions or waiving compliance with the conditions. (b) in the case of one of the following events concerning the debtor, preferred creditors have the right to obtain the portion of any payment, dividend or payment that would be paid to the seller under this agreement: (i) his judgment as bankruptcy by a competent court; (ii) filing a petition for its restructuring; (iii) the appointment of one or more directors or liquidators of all or most of its assets; (iv) the introduction of an insolvency law application; v) its transfer to creditors; (vi) the opening of another judicial procedure where it is necessary or desirable to assert or assert rights against them; (vii) their liquidation or dissolution.