The junior lender should consider meeting the contractual terms for the project in the event of a delay in payment from the borrower. In the event of such a situation, the junior lender should be aware that there are usually only two options: either to inject funds into the project, to remedy financial defaults under the senior lender, or to pay the priority lender. This last point is often almost impossible in cases where the priority lender has provided very large financing. As a general rule, each party should be informed of the critical elements of the agreement for each act signed by two or more parties. It is therefore necessary for a junior lender to reach a clear ground before the start of the transaction and identify the fundamental issues as follows: before entering into a commercial loan agreement, the borrower first decides on his questions relating to his character, his solvency, his cash flows and all the guarantees that he must mortgage as collateral for a loan. These presentations are taken into account and the lender then determines the conditions under which they are willing to advance the money. The types of loan contracts vary considerably from sector to sector, from country to country, but a professionally developed commercial loan contract includes the following conditions: a loan contract is a contract between a borrower and a lender that regulates each party`s reciprocal commitments. There are many types of loan contracts, including “easy agreements,” “revolvers,” “term loans,” working capital loans. Loan contracts are documented by a compilation of the various mutual commitments made by the parties. In such a scenario, the government authority may act as a junior lender, the financial (s) as a priority lender and the company (Y) as a borrower. Since the company provides credit to the two financiers with the same property, the senior creditor will in any event want to enter into an intercreditor agreement with the government authority in order to protect its interests. In many inter-credit agreements, it is often common for the chief lender to dictate the terms of the pledge.
However, in cases where a junior lender is not trading hard, the senior lender may disadvantage a junior lender. In some cases, a junior lender may face artificial delays on the part of the primary lender to seek authorization to enter into an agreement or right. Such an approach can thwart the process and force the junior lender to capitulate. As of March 31, 2016, Cabot Oil and Gas Corporation had no outstanding credit under its revolving credit facility. Since then, on the first day of April each year, the credit base has been redefined, although the lender is free to request a redefinition when Cabot buys or sells oil and gas properties. On April 19, 2016, the credit base was reduced from $3.4 billion to $3.2 billion. A junior lender should apply for exemption from a certain class of collateral that the primary lender has not included in its asset base.