Jurisdiction(s):
United Kingdom

Key definition

Loan definition

What does Loan mean? In legal practice, a loan is an advance of money by a lender to a borrower with a binding obligation to repay the principal sum, usually with interest, either on demand or at agreed dates during a term. Loans may be secured or unsecured and may be documented as a loan or facility agreement, promissory note or deed. Repayment may be amortising or bullet. Interest and fees (for example, arrangement, commitment or default interest) are commonly payable but are not essential to a loan’s validity. The term is a descriptive expression used across commercial, consumer and corporate finance; specific statutes...

Senior and mezzanine real estate finance: subordination, security, payment waterfalls and key intercreditor rights (cure, purchase, enforcement), with a note on A/B loans

Published by a LexisNexis Banking & Finance expert

Practice notes

Intercreditor agreements

Intercreditor agreements are intricate, highly detailed frameworks between two or more creditor groups, requiring careful, case-specific scrutiny. That scrutiny spans the extent of rights and safeguards afforded to each creditor class in each case, and whether the structure, taken as a whole, functions economically within the context of the relevant lending arrangements.

For information on intercreditor arrangements in a general context, see Practice Notes:

Introductory guide to Intercreditor Agreements
Intercreditor payment priorities and requisite majorities
Basic introduction to super senior, senior, mezzanine and junior debt

Intercreditor agreements are regularly encountered in real estate finance because many lenders are only willing to lend on a senior basis up to a specified loan to value, which varies from deal to deal by reference to the nature of the underlying real estate, the ultimate risk profile of the transaction, and prevailing market conditions. Quite often, for a variety of reasons, borrowers seek higher leverage. Mezzanine lenders can help to bridge this funding gap...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

James Spencer

Shoosmiths

Partner in the finance group of Shoosmiths’ London office with experience in a wide spectrum of finance and structured finance transactions, with a particular focus: - advising lenders on CRE loan originations and deal structuring as well as advising lenders, loan servicers and borrowers on distressed CRE loan work outs and restructurings.- representing loan agents and servicers on their appointments to a variety of financing transactions from CRE, CMBS, shipping, leverage, aviation,, NPLs portfolios, loan on loan and warehouse lines....

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...