Subordinated loan agreement 

Use this contract: 

• To grant a loan to a Swiss or foreign company, as a creditor or shareholder.
• When the company needs financing to restructure debts, cover losses or avoid bankruptcy.
• When the company needs financing to restructure debts, cover losses or avoid bankruptcy.
• If you wish to downgrade your position after any other creditor in the event of the company’s bankruptcy.

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Jurisdiction: Switzerland
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Protect yourself legally as a lender with the following options: 

• Total or partial postponement of the loan granted. 
• Conditions precedent to granting the loan. 
• Clear determination of the effects and restrictions of the postposition. 
• Possibility for another creditor to lift the subordination up to the amount postposed. 

Safeguard your interests as a company by using the following clauses: 

• Obligation for the assignee to accept the postposition in the event of assignment of the loan. 
• No contractual interest, interest on arrears or reminder fees. 
• Unreserved retention of the company’s counterclaims, prohibiting any set-off.