A Credit Waiver is a crucial document in Indonesian banking and finance practice, used when a lender agrees to waive certain rights, obligations, or defaults under an existing credit facility. The document becomes necessary in various scenarios, such as when borrowers face temporary financial difficulties, during debt restructuring, or when certain credit conditions need modification. The Credit Waiver must be carefully drafted to comply with Indonesian Financial Services Authority (OJK) regulations, particularly during economic challenges or when implementing debt relief measures. It typically includes details of the original credit agreement, specific obligations being waived, conditions for the waiver, and any continuing obligations. The document plays a vital role in Indonesian credit relationships by providing a legal framework for modifying credit terms while protecting both lender and borrower interests.
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1. Parties: Identification of the creditor and debtor, including their legal details and authorized representatives
2. Background: Description of the existing credit relationship, reference to original agreements, and current status
3. Definitions: Definitions of key terms used in the waiver agreement
4. Credit Obligation Details: Specific details of the credit facility, including amount, interest, and other charges being waived
5. Waiver Provisions: Express terms of the waiver, including scope and extent of obligations being waived
6. Conditions Precedent: Conditions that must be satisfied before the waiver becomes effective
7. Representations and Warranties: Statements of fact and assurances from both parties regarding their capacity and authority
8. Continuing Obligations: Specification of any obligations that remain in force despite the waiver
9. Legal Effect: Clear statement of the legal consequences of the waiver
10. Governing Law and Jurisdiction: Confirmation of Indonesian law as governing law and jurisdiction for disputes
1. Security Release: Required if there are any security interests or collateral to be released
2. Third Party Consents: Include when third party rights or guarantors are involved
3. Regulatory Compliance: Required for regulated entities or when specific regulatory approvals are needed
4. Tax Provisions: Include when there are tax implications from the waiver that need to be addressed
5. Confidentiality: Include when parties wish to keep the waiver terms confidential
6. Further Assurance: Include when additional actions may be required to give effect to the waiver
7. Severability: Optional clause to preserve remainder of agreement if any provision is found invalid
1. Schedule 1 - Original Credit Agreement: Copy or details of the original credit agreement being waived
2. Schedule 2 - Waived Obligations: Detailed list of specific obligations being waived
3. Schedule 3 - Remaining Obligations: List of obligations that continue to remain in force
4. Schedule 4 - Security Releases: Forms and details of security releases (if applicable)
5. Appendix A - Required Approvals: Copies of regulatory or third-party approvals obtained
6. Appendix B - Corporate Authorizations: Copies of corporate authorizations for executing the waiver
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Commercial Lending
Corporate Finance
Real Estate & Property
Manufacturing
Retail
Agriculture
Mining & Resources
Infrastructure & Construction
Small and Medium Enterprises
Relevant Teams
Legal
Finance
Compliance
Risk Management
Treasury
Credit Administration
Corporate Secretariat
Regulatory Affairs
Business Development
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Compliance Officer
Risk Manager
Credit Manager
Corporate Secretary
Treasury Manager
Banking Relationship Manager
Financial Controller
Credit Analysis Manager
Restructuring Officer
Legal Director
Chief Risk Officer
Chief Legal Officer
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