medium · Debt Capital Markets

What happens to a 'Lien' if the underlying debt is refinanced?

  1. The lien is automatically transferred to the new lender without any administrative action by the borrower.
  2. The refinancing debt must remain unsecured for at least one year to avoid violating the negative pledge.
  3. 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.
  4. The original lien remains in place, but its priority is automatically downgraded to junior subordinated status.

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