SECTION U - LIQUIDITY PROBLEMS

If it was necessary to provide urgently needed cash (or liquidity) to enable the business of an insolvent corporate borrower to survive, how could a financier who was willing to provide this "new money" be protected and given priority over other existing creditors?

 

If it was necessary to provide urgently needed cash (or liquiduty) to enable the business og an insolvent corporate borrower to survive ,how could a financier who was willing to provide this "new money" be protected and given prooroty over other existing creditors?

A wiling financier could be protected and given priority over other existing cerditors only through a debt subordination agreement which would be valid under Philippine law where by all other existing creditors agree to subordinate their claims to the new creditors. It is unlikely and/or difficult in the philippine to obtain the consents of existing creditors ,particularly those who are in a secured position.