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Bond Waiver for Indonesia

Bond Waiver Template for Indonesia

A Bond Waiver is a formal legal document under Indonesian law that provides for the temporary or permanent waiver of certain rights, conditions, or obligations related to bond instruments. The document must comply with Indonesian Civil Code requirements and Financial Services Authority (OJK) regulations, particularly addressing the specific provisions being waived, the scope and duration of the waiver, and any conditions attached to it. It serves as a crucial instrument in bond restructuring and management, allowing for flexibility in bond terms while maintaining legal certainty under Indonesian jurisdiction.

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What is a Bond Waiver?

A Bond Waiver is utilized in Indonesian financial markets when certain terms, conditions, or obligations under existing bond documentation need to be waived or modified. This document type is particularly relevant during financial restructuring, when compliance with specific bond covenants becomes challenging, or when market conditions necessitate adjustments to bond terms. The Bond Waiver must align with Indonesian law, particularly the Civil Code (KUH Perdata) and OJK regulations, and typically includes detailed information about the bonds involved, the specific provisions being waived, the duration of the waiver, and any conditions attached. It's commonly used by both private corporations and state-owned enterprises, requiring careful consideration of regulatory compliance, bondholder rights, and market implications.

What sections should be included in a Bond Waiver?

1. Parties: Identification of the Bondholder(s) granting the waiver and the party benefiting from the waiver (typically the Bond Issuer)

2. Background: Context of the original bond issuance, including reference to the bond documents, issue date, face value, and current circumstances necessitating the waiver

3. Definitions: Key terms used in the waiver document, including specific references to the Bond Documents, Waiver Period, and relevant Indonesian legal terms

4. Details of Bonds: Specific identification of the bonds subject to the waiver, including series numbers, ISIN codes, and other relevant identifiers

5. Waiver Declaration: Express statement of the rights, obligations, or conditions being waived, with specific reference to the relevant provisions of the original bond documents

6. Duration and Effect: Specification of whether the waiver is temporary or permanent, and its precise effect on the underlying bond obligations

7. Representations and Warranties: Statements confirming the waiving party's authority to grant the waiver and understanding of its implications

8. Governing Law and Jurisdiction: Explicit statement of Indonesian law as governing law and designation of relevant Indonesian courts for dispute resolution

9. Execution: Signature blocks and execution requirements compliant with Indonesian law

What sections are optional to include in a Bond Waiver?

1. Conditions Precedent: Include when the waiver is conditional upon certain events or actions being completed

2. Consideration: Include when there is specific consideration being provided in exchange for the waiver

3. Surviving Provisions: Include when certain bond provisions are to remain in effect despite the waiver

4. Regulatory Compliance: Include when specific OJK or other regulatory requirements need to be addressed

5. Third Party Rights: Include when the waiver affects the rights of other bondholders or third parties

What schedules should be included in a Bond Waiver?

1. Original Bond Terms: Copy or extract of relevant sections of the original bond documents being waived

2. Corporate Authorizations: Copies of board resolutions or other corporate approvals authorizing the waiver

3. Bondholder Identification: Details of bondholders participating in the waiver, including holding amounts and percentages

4. Regulatory Approvals: Copies of any required OJK or other regulatory approvals

Authors

Alex Denne

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

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

Waiver

Cost

Free to use
Relevant legal definitions



























Clauses




















Relevant Industries

Banking and Financial Services

Infrastructure

Real Estate

Manufacturing

Mining and Resources

Energy

Telecommunications

Transportation

State-Owned Enterprises

Construction

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Secretariat

Investment

Capital Markets

Corporate Finance

Regulatory Affairs

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Legal Counsel

Compliance Officer

Corporate Secretary

Investment Manager

Bond Trustee Officer

Risk Manager

Financial Controller

Capital Markets Director

Debt Securities Manager

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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