Deferment Agreement for Philippines

Deferment Agreement Template for Philippines

A legally binding document governed by Philippine law that formalizes an agreement between a creditor and debtor to postpone, reschedule, or restructure an existing payment obligation. The agreement outlines the terms of deferment, including the new payment schedule, any applicable interest or charges, and conditions that must be met. It maintains compliance with Philippine civil law requirements, particularly the Civil Code of the Philippines and relevant financial regulations, while protecting both parties' interests through clear specification of rights, obligations, and remedies in case of default.

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What is a Deferment Agreement?

The Deferment Agreement is a crucial legal instrument in Philippine business practice, typically employed when a debtor requires modification of existing payment obligations due to financial constraints, business restructuring, or other valid circumstances. This document type is essential in both commercial and individual contexts, providing a formal framework for modifying payment terms while preserving the underlying obligation. The agreement must comply with Philippine contract law principles, including the Civil Code requirements for valid contracts and any applicable financial regulations. It serves to protect both creditor and debtor interests by clearly documenting the new payment arrangements, maintaining the enforceability of the original obligation, and specifying the consequences of non-compliance. The document is particularly relevant in times of economic uncertainty or when businesses undergo financial restructuring.

What sections should be included in a Deferment Agreement?

1. Parties: Identification of the creditor and debtor, including their complete legal names, addresses, and any registration details for corporate entities

2. Background: Recitals explaining the original obligation, current outstanding amount, and reason for deferment

3. Definitions: Definitions of key terms used throughout the agreement, including 'Original Agreement', 'Deferred Amount', 'New Payment Date(s)'

4. Acknowledgment of Debt: Clear statement of the outstanding amount being deferred and confirmation of the debtor's continuing obligation

5. Deferment Terms: Specific details of the deferment including new payment dates, installment amounts if applicable, and any conditions attached to the deferment

6. Interest and Charges: Details of any interest or additional charges applicable during the deferment period

7. Payment Mechanics: Specification of payment methods, account details, and payment processing procedures

8. Representations and Warranties: Standard representations from both parties regarding their capacity and authority to enter into the agreement

9. Events of Default: Circumstances that would constitute a default under the deferment agreement

10. Remedies: Rights and remedies available to the creditor in case of default

11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and designation of courts having jurisdiction

12. Execution: Signature blocks and execution formalities

What sections are optional to include in a Deferment Agreement?

1. Security Provisions: Include when the deferment is conditional upon provision of new or additional security

2. Guarantor Provisions: Required when a third party is guaranteeing the deferred payments

3. Conditions Precedent: Include when the deferment is subject to certain conditions being met first

4. Additional Covenants: Include when specific ongoing obligations or restrictions are required during the deferment period

5. Acceleration Clause: Optional provision allowing creditor to demand immediate payment under specific circumstances

6. Cross-Default Provisions: Include when there are multiple agreements with the same debtor

7. Insurance Requirements: Include when specific insurance must be maintained during the deferment period

8. Restructuring Terms: Include when the deferment is part of a larger debt restructuring

What schedules should be included in a Deferment Agreement?

1. Schedule 1 - Payment Schedule: Detailed breakdown of new payment dates and amounts

2. Schedule 2 - Original Obligation Details: Copy or summary of the original agreement terms being deferred

3. Schedule 3 - Security Details: Description of any security or collateral (if applicable)

4. Schedule 4 - Conditions Precedent Checklist: List of conditions that must be satisfied (if applicable)

5. Appendix A - Form of Payment Notice: Standard form for payment notifications

6. Appendix B - Compliance Certificate: Template for periodic compliance certification if required

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

Philippines

Publisher

Genie AI

Document Type

Payment Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Relevant Industries

Financial Services

Banking

Real Estate

Construction

Manufacturing

Retail

Wholesale Trade

Professional Services

Healthcare

Education

Technology

Agriculture

Mining

Energy

Telecommunications

Relevant Teams

Legal

Finance

Credit Management

Treasury

Risk Management

Accounts Receivable

Collections

Compliance

Commercial Operations

Contract Administration

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Collections Manager

Legal Counsel

Corporate Lawyer

Accounts Receivable Manager

Treasury Manager

Risk Manager

Commercial Director

Business Development Manager

Contract Administrator

Financial Controller

Debt Recovery Specialist

Credit Analyst

Compliance Officer

Industries
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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