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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.
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