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Forbearance Agreement Loan
"I need a Forbearance Agreement Loan for a manufacturing company that has defaulted on a PHP 50 million business loan, with a 12-month forbearance period starting January 2025, including monthly reporting requirements and additional collateral provisions."
1. Parties: Identification of the Lender and Borrower with complete legal names and addresses
2. Background: Recitals detailing the original loan agreement, current default status, and reason for forbearance
3. Definitions: Definitions of key terms used throughout the agreement
4. Acknowledgment of Debt: Borrower's formal acknowledgment of the outstanding debt amount and default status
5. Terms of Forbearance: Specific details of how the lender will forbear, including duration and conditions
6. Modified Payment Terms: New payment schedule, amounts, and any changes to interest rates
7. Conditions Precedent: Conditions that must be met before the forbearance becomes effective
8. Borrower's Representations and Warranties: Borrower's confirmations regarding their financial situation and ability to meet new terms
9. Covenants: Ongoing obligations of the Borrower during the forbearance period
10. Events of Default: Circumstances that would terminate the forbearance and trigger remedies
11. Remedies: Lender's rights and remedies if the forbearance terms are breached
12. General Provisions: Standard contract clauses including governing law, notices, amendments
13. Execution: Signature blocks and execution requirements
1. Guarantor Consent: Required when the original loan has guarantors who must consent to the forbearance
2. Collateral Provisions: Needed when the loan is secured and modifications to security arrangements are required
3. Regulatory Compliance: Special provisions required for regulated entities or large loans subject to BSP oversight
4. Tax Provisions: Special tax considerations or implications of the forbearance arrangement
5. Insurance Requirements: Modified insurance requirements during the forbearance period
6. Financial Reporting Requirements: Additional reporting requirements during forbearance period
7. Cross-Default Provisions: Needed when there are multiple loans or related agreements affected by the forbearance
1. Schedule A - Loan Details: Details of the original loan agreement including date, amount, and current balance
2. Schedule B - Payment Schedule: Detailed modified payment schedule including dates, amounts, and allocation between principal and interest
3. Schedule C - Outstanding Amounts: Breakdown of all outstanding amounts including principal, interest, and any fees
4. Schedule D - Security Details: List and description of any security or collateral for the loan
5. Schedule E - Compliance Requirements: Detailed list of ongoing compliance requirements during forbearance
6. Appendix 1 - Form of Compliance Certificate: Template for periodic compliance certification by the Borrower
7. Appendix 2 - Required Notices: Forms of notices required under the agreement
Authors
Original Loan Agreement
Forbearance Period
Effective Date
Forbearance Termination Date
Outstanding Amount
Modified Payment Schedule
Default Rate
Business Day
Event of Default
Compliance Certificate
Security Documents
Guarantor
Material Adverse Effect
Modified Interest Rate
Payment Date
Conditions Precedent
Existing Default
Forbearance Conditions
Governing Law
Loan Documents
Permitted Payments
Restructured Debt
Security Interest
Additional Interest
Cure Period
Financial Statements
Notice
Parties
Regulatory Authority
BSP
Restructuring Fee
Default Notice
Enforcement Action
Representations and Warranties
Representations and Warranties
Forbearance Terms
Payment Terms
Interest
Security
Conditions Precedent
Covenants
Events of Default
Remedies
Indemnification
Assignment
Confidentiality
Force Majeure
Notices
Amendment
Severability
Entire Agreement
Governing Law
Jurisdiction
Waiver
Further Assurance
Costs and Expenses
Termination
Survival
Compliance with Laws
Good Faith
Default Interest
Set-off Rights
Third Party Rights
Counterparts
Time of Essence
Authority and Capacity
Regulatory Compliance
Reporting Requirements
Banking and Financial Services
Real Estate
Manufacturing
Retail
Agriculture
Construction
Mining
Transportation
Healthcare
Education
Hospitality
Technology
Legal
Finance
Credit Risk
Collections
Compliance
Treasury
Corporate Banking
Loan Administration
Credit Analysis
Recovery
Account Management
Risk Management
Chief Financial Officer
Credit Risk Manager
Legal Counsel
Loan Officer
Collections Manager
Restructuring Specialist
Compliance Officer
Financial Controller
Treasury Manager
Credit Analyst
Recovery Officer
Account Manager
Risk Assessment Officer
Banking Relationship Manager
Corporate Secretary
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