hard · Private Credit & Debt

Under a standard Intercreditor Agreement (ICA), a mezzanine lender is subject to a 180-day 'standstill period' following a payment default on the senior debt.

Which of the following describes the mezzanine lender's rights during this period?

  1. The mezzanine lender is entitled to receive PIK interest but all cash interest payments are blocked.
  2. The mezzanine lender can accelerate their debt but cannot take enforcement action against the collateral.
  3. The mezzanine lender can immediately file for a Section 363 sale to protect their recovery value.
  4. The mezzanine lender has the right to 'prime' the senior lender by providing DIP financing.

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