medium · Debt Capital Markets bond-instruments-structures
What happens to a 'Lien' if the underlying debt is refinanced?
- The existing lien is automatically reassigned and transferred over to the new lender, with no administrative filing or action required from the borrower at all.
- The new refinancing indebtedness is required to remain entirely unsecured for at least one full year in order to avoid breaching the borrower's negative pledge covenant.
- The existing lien is typically released, and a new lien is granted by the borrower to secure the refinancing debt, subject to the 'Permitted Refinancing' carve-outs.
- The original lien stays in place on the asset, but its repayment priority is then automatically downgraded to a junior, subordinated status upon any refinancing event.
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