Forbearance Agreement Loan for India

Forbearance Agreement Loan Template for India

A Forbearance Agreement Loan is a formal legal document under Indian law that modifies the terms of an existing loan agreement when a borrower is experiencing financial difficulties or anticipates potential default. The agreement establishes temporary modifications to loan terms, including payment schedules, interest rates, or other obligations, while preserving the lender's fundamental rights under the original loan agreement. The document must comply with Indian banking regulations, particularly RBI guidelines on loan restructuring, and incorporates provisions from the Indian Contract Act, 1872, and Banking Regulation Act, 1949.

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What is a Forbearance Agreement Loan?

The Forbearance Agreement Loan is utilized when a borrower faces financial hardship that impacts their ability to meet original loan obligations, but where the lender believes the difficulties are temporary and can be resolved through structured relief. This document type is particularly relevant in the Indian financial market, where it must align with RBI guidelines on loan restructuring and modification. The agreement typically includes detailed terms of forbearance, modified payment schedules, conditions precedent, ongoing obligations, and specific triggers for termination. It serves as a critical tool for both lenders and borrowers to avoid default while maintaining the underlying loan relationship, especially important in challenging economic conditions or sector-specific downturns. The document must carefully balance the interests of all parties while ensuring compliance with Indian banking regulations and contract law.

What sections should be included in a Forbearance Agreement Loan?

1. Parties: Identification of the lender(s) and borrower(s), including their legal details and addresses

2. Background: Recitals detailing the original loan agreement, current default status, and the basis for the forbearance arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including references to the original loan agreement

4. Acknowledgment of Debt: Borrower's acknowledgment of the outstanding debt amount and default status

5. Forbearance Terms: Specific terms of the forbearance, including duration and conditions under which the lender agrees not to exercise remedies

6. Modified Payment Terms: Details of revised payment schedule, amounts, and any temporary payment reductions

7. Conditions Precedent: Conditions that must be satisfied before the forbearance becomes effective

8. Borrower's Covenants: Ongoing obligations of the borrower during the forbearance period

9. Representations and Warranties: Updated representations and warranties from the borrower

10. Events of Default: Circumstances that would terminate the forbearance and trigger enforcement rights

11. Termination: Conditions under which the forbearance agreement may be terminated

12. Effect on Original Loan Agreement: Clarification that original loan terms remain in effect except as modified by this agreement

13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

14. Notices: Process and addresses for formal communications between parties

15. Counterparts: Provision for execution in multiple counterparts

What sections are optional to include in a Forbearance Agreement Loan?

1. Security Confirmation: Confirmation of existing security arrangements and any modifications - include when loan is secured

2. Guarantor Provisions: Specific provisions relating to guarantors - include when guarantors exist

3. Multiple Lender Provisions: Provisions for coordination among multiple lenders - include in syndicated loans

4. Additional Financial Covenants: New or modified financial covenants - include for corporate borrowers

5. Regulatory Compliance: Specific provisions ensuring compliance with RBI guidelines - include for regulated entities

6. Interest Modification: Changes to interest calculation or rates - include if interest terms are being modified

7. Fee Structure: Details of any forbearance fees or modified fee arrangements - include if fees are being charged

8. Reporting Requirements: Enhanced reporting obligations during forbearance - include for larger loans

What schedules should be included in a Forbearance Agreement Loan?

1. Original Loan Details: Summary of original loan agreement terms and amendments

2. Outstanding Amount Schedule: Detailed breakdown of current outstanding amounts including principal, interest, and any fees

3. Modified Payment Schedule: New payment schedule showing modified payment amounts and dates

4. Security Details: List and details of all security arrangements and collateral

5. Compliance Requirements: Detailed list of ongoing compliance requirements during forbearance period

6. Form of Compliance Certificate: Template for periodic compliance certification by borrower

7. Contact Details: Complete contact information for all relevant parties and representatives

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking

Financial Services

Real Estate

Manufacturing

Infrastructure

Healthcare

Retail

Information Technology

Agriculture

Education

Hospitality

Construction

Transportation

Energy

Relevant Teams

Legal

Finance

Credit Risk

Compliance

Corporate Banking

Loan Operations

Recovery

Treasury

Risk Management

Portfolio Management

Corporate Secretarial

Relationship Management

Relevant Roles

Chief Financial Officer

Finance Director

Credit Risk Manager

Loan Officer

Legal Counsel

Compliance Officer

Restructuring Specialist

Corporate Banking Manager

Recovery Manager

Treasury Manager

Financial Controller

Company Secretary

Risk Assessment Officer

Portfolio Manager

Relationship Manager

Credit Analyst

Industries
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, and enforcement in India. Crucial for ensuring the forbearance agreement meets basic contractual requirements including offer, acceptance, consideration, and capacity.
Banking Regulation Act, 1949: Regulates banking operations in India and provides framework for lending activities, including modification of loan terms and restructuring arrangements.
Reserve Bank of India Act, 1934: Establishes RBI's authority to issue guidelines on banking operations, including loan restructuring and forbearance policies.
RBI Guidelines on Resolution Framework for COVID-19 related Stress, 2020: Specific guidelines for loan restructuring and forbearance during pandemic, which set precedents for forbearance arrangements.
Recovery of Debts Due to Banks and Financial Institutions Act, 1993: Provides framework for debt recovery and establishes Debt Recovery Tribunals, relevant for enforcement aspects of forbearance agreements.
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act): Governs security interests and enforcement rights, which may need to be addressed in forbearance agreements involving secured loans.
Indian Stamp Act, 1899: Determines stamp duty requirements for loan documentation and modifications, including forbearance agreements.
Limitation Act, 1963: Sets time limits for legal actions relating to loans and debt recovery, which may be affected by forbearance arrangements.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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