Go with the Flow: “Waterfall” Provisions in Intercreditor Agreements

A “waterfall” provision in an intercreditor agreement refers to the order of application of funds or proceeds and is a repayment mechanism by which funds from a loan are paid out in an enforcement scenario. Review this practice note to understand the significance of using the waterfall and when the waterfall applies in the intercreditor agreement.

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• Intercreditor Agreements Resource Kit
  Access the resources you need to know about intercreditor agreements. This resource kit includes Practical Guidance materials on drafting and negotiating intercreditor agreements and different sources of debt financing, including detailed practice notes, templates, and checklists.

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  Put pen to paper and draft (or review) your intercreditor agreement using this template as a starting point.

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