MODEL INTERCREDITOR AGREEMENTIntercreditor Agreement • December 26th, 2007 • New York
Contract Type FiledDecember 26th, 2007 JurisdictionAny commercial real estate borrower (a “Borrower”1) usually wants to borrow as much money as possible, as inexpensively as possible. To help accomplish that goal, loan originators will sometimes structure a sin- gle large mortgage loan (a “Loan”) as two smaller loans — an “A” loan, i.e., a senior tranche, and a “B” loan, i.e., a junior tranche or “first loss piece” of the larger Loan. The originator may sell interests in the A loan and the B loan2 to various mortgage investors (each, a “Lender”). Each