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Bond Waiver for Nigeria

Bond Waiver Template for Nigeria

A Bond Waiver is a formal legal document used in Nigerian financial markets that provides for the temporary or permanent waiver of certain rights, obligations, or conditions specified in an original bond instrument. The document must comply with Nigerian securities law, particularly the Investments and Securities Act 2007 and relevant Central Bank of Nigeria regulations. It sets out the specific terms being waived, the duration of the waiver, any conditions attached to the waiver, and requires proper execution by authorized representatives of both the issuer and bondholders. The document typically includes detailed references to the original bond documentation and may require regulatory notification or approval depending on the nature of the bond.

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What is a Bond Waiver?

A Bond Waiver is a crucial document used in Nigerian financial markets when parties need to modify or waive certain requirements, covenants, or conditions specified in an original bond instrument without terminating the entire agreement. This document becomes necessary when circumstances require flexibility in the original bond terms, such as temporary relief from financial covenants, extension of payment dates, or modification of reporting requirements. The Bond Waiver must comply with Nigerian law, particularly the Companies and Allied Matters Act 2020 and the Investments and Securities Act 2007. It requires careful drafting to ensure it precisely identifies the provisions being waived, the duration of the waiver, and any conditions attached. The document is commonly used during financial restructuring, in response to changing market conditions, or when the issuer faces temporary challenges in meeting original bond terms.

What sections should be included in a Bond Waiver?

1. Parties: Identification of all parties involved - the bond issuer, bondholder(s), and any relevant trustees or agents

2. Background: Details of the original bond issuance, including date, amount, and relevant terms

3. Definitions: Key terms used in the waiver document, including references to the original bond documentation

4. Details of Original Bond: Specific reference to the bond being waived, including issue date, maturity, and key terms

5. Waiver Declaration: Express statement of the rights, obligations, or conditions being waived

6. Scope of Waiver: Clear delineation of what is and isn't covered by the waiver

7. Duration of Waiver: Whether the waiver is temporary or permanent, and any relevant time periods

8. Consideration: Any consideration provided in exchange for the waiver

9. Representations and Warranties: Statements confirming the authority to grant the waiver and other relevant assurances

10. Governing Law: Confirmation that Nigerian law governs the waiver

11. Execution: Signature blocks and execution requirements

What sections are optional to include in a Bond Waiver?

1. Conditions Precedent: Used when the waiver is subject to certain conditions being met first

2. Consent Requirements: Include when third-party consents are needed for the waiver to be effective

3. Security Provisions: Required when the waiver affects any security arrangements

4. Tax Implications: Include when the waiver has specific tax consequences that need to be addressed

5. Further Assurance: Used when additional actions may be required after the waiver is granted

6. Notices: Include when ongoing communications between parties are necessary

What schedules should be included in a Bond Waiver?

1. Original Bond Document: Copy or extract of the relevant bond documentation being waived

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

3. Security Documents: If applicable, details of any security arrangements affected by the waiver

4. Payment Schedule: If the waiver relates to payment terms, a revised payment schedule

5. Consent Documents: Copies of any third-party consents obtained

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

Nigeria

Publisher

Ƶ

Document Type

Waiver

Cost

Free to use
Relevant legal definitions






























Clauses























Relevant Industries

Financial Services

Banking

Investment Management

Real Estate

Infrastructure

Energy

Manufacturing

Mining

Telecommunications

Construction

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Secretariat

Investment

Capital Markets

Corporate Finance

Relevant Roles

Chief Financial Officer

Treasury Manager

Corporate Finance Director

Legal Counsel

Compliance Officer

Investment Manager

Bond Trustee

Finance Director

Company Secretary

Risk Manager

Corporate Treasurer

Securities Officer

Financial Controller

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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