White Paper

Understanding Subordinated Debt and the Risks


When faced with the risk of making subordinate loans make sure you understand all the options.

Generally speaking, subordinated debt is indebtedness of a creditor with respect to which such creditor’s rights are subject to another creditor’s rights. And in practice, there are many financial scenarios encompassed within the term “subordinated debt.” It’s important for the creditor (whether senior or subordinated) to know the capital structure of the borrower and the other loan parties in order to assess the risk of whether any other creditor or third party has any right that would prime the rights of the proposed creditor.



My Ngo

My Ngo

McGuireWoods LLP

  • Partner with the law firm of McGuireWoods LLP in Charlotte, North Carolina
  • Practice focuses on corporate and commercial lending transactions
  • Represents agents, lenders, borrowers and participants in syndicated, club and single lender credit facilities
  • Experience includes cash flow and asset based facilities, venture financings, leveraged acquisition financings, working capital lines, debt refinancings and dividend recapitalizations in a variety of industries including health care and restaurant franchise
  • Has experience with nonperforming commercial loans involving workouts and restructurings
  • Admitted to the State Bar of North Carolina
  • J.D. degree, Wake Forest University; B.S. degree in computer science and an M.B.A. degree, East Carolina University
  • Can be contacted at 704-343-2335 or [email protected]
Stephanie A. Zabela

Stephanie A. Zabela

McGuireWoods LLP

  • Partner with the law firm of McGuireWoods LLP in Chicago, Illinois
  • Concentrates practice on commercial finance transactions, real estate matters, and general corporate law
  • Regularly represents lenders and borrowers in asset-based lending, cash-flow lending, acquisition financing, health care lending, real estate lending, multicurrency financing, and cross-border transactions
  • Experienced with specialty collateral, such as intellectual property, goods covered by certificates of title, and leasehold and fee interests in real estate
  • Also represents companies in corporate transactions, such as mergers and acquisitions, and advises financial institutions on issues of regulatory compliance
  • Admitted to the State Bar of Illinois
  • Named to "Illinois Rising Stars," Banking, Real Estate: Business, Business/Corporate, Super Lawyers, Thomson Reuters, 2014-2017
  • J.D. degree, New York University School of Law; B.A. degree, summa cum laude, in English, University of Notre Dame
  • Can be contacted at 312-849-8206 or [email protected]

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