The Forbearance Agreement Commercial Loan is a crucial document in Dutch commercial lending practice, typically employed when a borrower faces temporary financial challenges but shows potential for recovery. This agreement, governed by Dutch law and regulated under the Dutch Financial Supervision Act (Wft) and Civil Code, provides a structured framework for modifying existing loan terms without terminating the underlying credit relationship. It's commonly used in situations where a borrower may be at risk of default but demonstrates viable business prospects, allowing for temporary relief while implementing business improvement measures. The document includes detailed provisions for modified payment schedules, additional monitoring requirements, enhanced reporting obligations, and specific conditions that must be met to maintain the forbearance arrangement. It serves as a critical tool for both lenders and borrowers in managing distressed loan situations while complying with Dutch banking regulations and ensuring proper risk management.
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1. Parties: Identification of the Lender and Borrower, and any other parties to the agreement
2. Background: Recitals describing the original loan agreement, current circumstances leading to the forbearance request, and purpose of this agreement
3. Definitions: Definitions of key terms used in the agreement, including references to the original loan agreement definitions
4. Acknowledgment of Debt: Confirmation of the outstanding amounts and acknowledgment of existing or potential defaults
5. Forbearance Terms: Specific details of the forbearance being granted, including duration and any modified payment terms
6. Conditions Precedent: Conditions that must be satisfied before the forbearance becomes effective
7. Borrower's Representations and Warranties: Updated representations and warranties regarding the borrower's current situation
8. Borrower's Covenants: Ongoing obligations of the borrower during the forbearance period
9. Events of Default: Circumstances that would terminate the forbearance arrangement
10. Reservation of Rights: Lender's preservation of rights under the original loan agreement
11. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction
1. Security Confirmation: Confirmation of existing security arrangements - include when there is existing security
2. Additional Security: Details of any new security being provided as part of the forbearance arrangement
3. Guarantor Provisions: Include when there are guarantors who need to confirm their continuing obligations
4. Fee Arrangements: Include when the lender is charging forbearance or restructuring fees
5. Financial Covenants: Modified or additional financial covenants - include when specific financial metrics need to be maintained
6. Information Undertakings: Enhanced reporting requirements - include when additional monitoring is required
7. Regulatory Compliance: Include when specific regulatory requirements need to be addressed
8. Tax Provisions: Include when there are specific tax implications of the forbearance arrangement
1. Schedule 1 - Existing Facility Details: Details of the original loan agreement and current outstanding amounts
2. Schedule 2 - Modified Payment Schedule: New payment schedule during the forbearance period
3. Schedule 3 - Conditions Precedent Documents: List of documents and conditions required before effectiveness
4. Schedule 4 - Form of Compliance Certificate: Template for periodic compliance reporting
5. Schedule 5 - Security Details: List and details of all security arrangements
6. Appendix A - Form of Notice: Standard form for any notices required under the agreement
7. Appendix B - Additional Reporting Requirements: Details of any enhanced reporting obligations
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate & Construction
Manufacturing
Retail & Wholesale
Transportation & Logistics
Energy & Utilities
Healthcare
Technology
Agriculture
Hospitality & Tourism
Relevant Teams
Legal
Finance
Treasury
Credit Risk
Loan Administration
Compliance
Corporate Banking
Special Assets
Restructuring
Portfolio Management
Credit Analysis
Relationship Management
Risk Management
Recovery
Transaction Management
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Credit Risk Manager
Loan Officer
Restructuring Manager
Legal Counsel
Compliance Officer
Portfolio Manager
Relationship Manager
Risk Officer
Corporate Banking Manager
Debt Restructuring Specialist
Recovery Manager
Credit Analysis Manager
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