Negotiating Intercreditor Agreements in Finland


I have discussed in the update certain negotiating issues arising in connection with intercreditor agreements often concluded in connection with leveraged corporate acquisitions in Finland. The update is directed mainly for debt investors investing in transactions governed by Finnish law.

The update is constructed in a checklist format. The checklists are in summary form and non- comprehensive descriptions of the main negotiating points.

I have assumed that the reader is aware of the most common transaction structures used in leveraged M&A transactions.

Under Finnish law, most of the questions concerning intercreditor agreements are linked to the general law. Therefore, the same solutions may at least in part be applied also to other financing forms – such as project finance.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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