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Forbearance Agreement Commercial Loan for India

Forbearance Agreement Commercial Loan Template for India

A Forbearance Agreement for Commercial Loans under Indian law is a formal legal document where a lender agrees to temporarily refrain from exercising their enforcement rights against a borrower who has defaulted or is likely to default on their loan obligations. The agreement, governed by Indian contract law and banking regulations, provides the borrower with temporary relief while preserving the lender's rights. It typically includes specific terms for the forbearance period, modified payment schedules, additional conditions and covenants, and is subject to RBI guidelines on loan restructuring. The document must comply with Indian stamp duty requirements and banking regulations while considering the jurisdiction of Debt Recovery Tribunals.

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Forbearance Agreement Commercial Loan

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What is a Forbearance Agreement Commercial Loan?

The Forbearance Agreement Commercial Loan is a critical document used in Indian banking and finance practice when a borrower faces difficulties in meeting their loan obligations but demonstrates potential for recovery. This document becomes relevant when a borrower defaults or anticipates defaulting on their commercial loan obligations, but the lender believes that providing temporary relief is more beneficial than immediate enforcement. The agreement, governed by Indian law and regulated by the Reserve Bank of India's guidelines, details the terms of forbearance, including the forbearance period, modified payment terms, additional security requirements, and ongoing obligations of the borrower. It serves as a bridge arrangement that helps businesses navigate temporary financial difficulties while providing lenders with additional safeguards and maintaining their enforcement rights. The document must comply with Indian banking regulations, contract law, and debt recovery legislation, making it a complex but essential tool in commercial lending relationships.

What sections should be included in a Forbearance Agreement Commercial Loan?

1. Parties: Identification of the lender, borrower, and any guarantors or security providers

2. Background: Recitals describing the original loan agreement, current default status, and borrower's request for forbearance

3. Definitions: Definitions of key terms including Forbearance Period, Existing Events of Default, and other relevant terms

4. Acknowledgment of Debt: Borrower's confirmation of outstanding amounts and existing defaults

5. Forbearance Terms: Specific terms of the forbearance including duration, conditions, and any modified payment terms

6. Conditions Precedent: Conditions that must be satisfied before the forbearance becomes effective

7. Borrower's Covenants: Ongoing obligations of the borrower during the forbearance period

8. Representations and Warranties: Updated representations and warranties from the borrower

9. Events of Default: Additional or modified events of default specific to the forbearance agreement

10. Rights and Remedies: Lender's rights upon termination of forbearance or new default

11. Reservation of Rights: Preservation of lender's rights under original loan documents

12. Fee and Expenses: Any fees or costs associated with the forbearance

13. Governing Law and Jurisdiction: Specification of Indian law and relevant jurisdiction

14. Execution: Signature blocks and execution formalities

What sections are optional to include in a Forbearance Agreement Commercial Loan?

1. Additional Security: Include when new security or guarantees are being provided as part of forbearance

2. Interest Rate Modifications: Include when forbearance includes changes to interest rates or interest calculations

3. Restructuring Plan: Include when forbearance is part of a larger restructuring strategy

4. Reporting Requirements: Include when additional reporting obligations are imposed during forbearance period

5. Third Party Consents: Include when consents from other creditors or stakeholders are required

6. Release Provisions: Include when mutual releases are part of the forbearance arrangement

7. Step-In Rights: Include when lender requires additional control rights during forbearance

What schedules should be included in a Forbearance Agreement Commercial Loan?

1. Schedule 1 - Existing Facility Details: Details of original loan agreement and amendments

2. Schedule 2 - Outstanding Amounts: Detailed breakdown of current outstanding debt

3. Schedule 3 - Existing Events of Default: List of all existing defaults under the original facility

4. Schedule 4 - Modified Payment Schedule: New payment terms during forbearance period

5. Schedule 5 - Additional Security Details: Details of any new security or guarantees

6. Appendix A - Form of Compliance Certificate: Template for periodic compliance reporting

7. Appendix B - Required Consents: List of required third-party consents and their status

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

India

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions







































Clauses




























Relevant Industries

Manufacturing

Real Estate

Infrastructure

Healthcare

Hospitality

Retail

Agriculture

Information Technology

Transportation

Energy

Mining

Telecommunications

Construction

Automotive

Steel and Metal Processing

Relevant Teams

Legal

Finance

Corporate Banking

Risk Management

Compliance

Treasury

Credit Administration

Loan Recovery

Corporate Secretarial

Business Development

Portfolio Management

Relevant Roles

Chief Financial Officer

Finance Director

Corporate Lawyer

Legal Counsel

Banking Relationship Manager

Credit Risk Manager

Restructuring Officer

Treasury Manager

Compliance Officer

Company Secretary

Risk Assessment Manager

Corporate Banking Head

Debt Restructuring Specialist

Recovery Manager

Portfolio Manager

Industries









Teams

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