Pari Passu

Understand pari passu clauses in Canadian lending — what they are, why they matter, and how they protect creditors.

Pari Passu

August 08, 2025



What is a Pari Passu Clause?

A pari passu clause is a contractual provision ensuring that multiple creditors share equally in repayment priority from the borrower’s assets.

Why Pari Passu Clauses Matter in Real Estate

In Canadian lending and real estate finance, pari passu clauses prevent one creditor from being subordinated to another without agreement.



Key points:
  • Ensures creditors rank equally for repayment
  • Protects lenders from being disadvantaged in insolvency
  • Often found in loan agreements and bond covenants



Understanding pari passu clauses helps lenders and investors manage risk.

Example of a Pari Passu Clause in Action

The loan agreement included a pari passu clause giving all participating lenders equal priority for repayment.

Key Takeaways

  • Guarantees equal ranking among creditors
  • Common in loan and bond agreements
  • Protects lenders during borrower default or insolvency
  • Can impact willingness of creditors to lend
  • Must be clearly defined in contracts

Additional Terms

Public Realm Improvements

Public realm improvements are enhancements to public spaces such as sidewalks, parks, plazas, and streetscapes, often funded or contributed by. more

Mortgagee in Possession

A mortgagee in possession is a lender who takes control of a property after borrower default, but before foreclosure or power of sale. The lender. more

Lease Surrender Agreement

A lease surrender agreement is a negotiated contract between a landlord and tenant that ends a lease before its scheduled expiration. Terms may. more

Green Infrastructure

Green infrastructure refers to natural or engineered systems that manage stormwater, reduce heat, and improve sustainability in developments.. more

Escrow Holdback

An escrow holdback is a portion of funds withheld at closing and held in escrow until specific conditions are met, such as completion of repairs,. more

Underused Housing Tax

The Underused Housing Tax (UHT) is a federal annual 1% tax on the value of vacant or underused residential property owned by non-resident,. more

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