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Deferment Agreement

Deferment Agreement Template for Switzerland

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Key Requirements PROMPT example:

Deferment Agreement

"I need a Swiss law Deferment Agreement for deferring a commercial loan of CHF 500,000 from our bank, splitting the repayment into three equal installments in March, June, and September 2025, with interest at 5% per annum."

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Document background
A Deferment Agreement is a crucial legal instrument used when parties need to modify payment terms of an existing obligation without novating the original agreement. Under Swiss law, this document provides a formal framework for restructuring payment obligations while maintaining legal certainty and enforceability. It's commonly used during financial restructuring, cash flow management, or when businesses face temporary payment difficulties. The agreement must comply with Swiss contract law principles, particularly the Swiss Code of Obligations, and typically includes detailed payment schedules, interest provisions, and enforcement mechanisms. This type of agreement is particularly relevant in commercial relationships where maintaining business continuity while managing payment obligations is essential.
Suggested Sections

1. Parties: Identification of the creditor and debtor, including full legal names and addresses

2. Background: Context of the original obligation and reasons for deferment

3. Definitions: Key terms including 'Original Agreement', 'Deferred Amount', 'Deferment Period', and 'New Payment Date(s)'

4. Original Obligation: Details and acknowledgment of the existing debt or obligation being deferred

5. Deferment Terms: Specific terms of the deferment including new payment dates and any conditions

6. Interest and Charges: Any interest or additional charges applicable during the deferment period

7. Payment Mechanics: Process and method for making payments under the new schedule

8. Representations and Warranties: Basic statements about the validity of the original obligation and capacity to enter into the agreement

9. Default and Remedies: Consequences of failing to meet the deferred payment terms

10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

Optional Sections

1. Security Arrangements: Include when additional security is being provided for the deferred amount

2. Additional Guarantees: Include when third-party guarantees are being added as part of the deferment

3. Early Payment Provisions: Include when allowing for early payment options or discounts

4. Financial Covenants: Include for commercial agreements where ongoing financial conditions need to be met

5. Information Rights: Include when creditor requires regular financial updates from debtor

6. Tax Provisions: Include when there are specific tax implications of the deferment

7. Force Majeure: Include when specific events might affect the new payment schedule

8. Assignment Rights: Include when transfer rights need to be specifically addressed

Suggested Schedules

1. Schedule 1 - Original Obligation Details: Copy or summary of the original agreement or obligation being deferred

2. Schedule 2 - New Payment Schedule: Detailed timeline of deferred payments including amounts and dates

3. Schedule 3 - Calculation of Interest: If applicable, methodology for calculating interest during deferment period

4. Appendix A - Form of Payment Notice: Standard form for notification of payments under the new schedule

5. Appendix B - Compliance Certificate: If applicable, form for certifying compliance with any ongoing obligations

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions






























Clauses


























Relevant Industries

Banking & Financial Services

Manufacturing

Real Estate

Construction

Retail

Professional Services

Technology

Healthcare

Energy

Telecommunications

Agriculture

Transportation & Logistics

Relevant Teams

Legal

Finance

Treasury

Credit Control

Accounts Receivable

Risk Management

Commercial

Corporate Affairs

Business Development

Collections

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Controller

Financial Controller

Accounts Receivable Manager

Legal Counsel

Corporate Lawyer

Risk Manager

Commercial Director

Business Development Manager

Contract Manager

Collections Manager

Restructuring Officer

Chief Executive 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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