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Forbearance Agreement Commercial Loan Template for South Africa

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Key Requirements PROMPT example:

Forbearance Agreement Commercial Loan

"I need a Forbearance Agreement Commercial Loan for a manufacturing company that has defaulted on their R20 million equipment financing loan due to temporary cash flow issues; they require a 6-month payment holiday starting January 2025 with additional security being offered through company assets."

Document background
The Forbearance Agreement Commercial Loan is essential in South African commercial lending practices when borrowers face financial challenges that may affect their ability to meet original loan obligations. This document is typically used when a borrower has defaulted or is likely to default on their commercial loan commitments, but where the lender believes that temporary relief or restructuring could enable the borrower to recover and eventually meet their obligations. The agreement operates within South Africa's legal framework, particularly considering the National Credit Act, Banks Act, and related financial sector regulations. It details the terms of forbearance, including modified payment schedules, additional reporting requirements, enhanced monitoring provisions, and any new security arrangements, while ensuring compliance with South African banking and commercial law requirements. The document serves as a critical tool for both lenders and borrowers in managing distressed loan situations while maintaining legal and regulatory compliance.
Suggested Sections

1. Parties: Identification of the Lender and Borrower, including full legal names and registration details

2. Background: Recitals describing the original loan agreement, current default status, and reason for forbearance

3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including references to original loan agreement definitions

4. Acknowledgment of Debt: Borrower's formal acknowledgment of the outstanding debt amount and default status

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

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

7. Representations and Warranties: Updated representations and warranties from the Borrower regarding their financial 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. General Provisions: Standard contractual provisions including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Security Confirmation: Confirmation of existing security arrangements - include when there are existing security arrangements

2. Guarantor Provisions: Specific provisions relating to guarantors - include when there are guarantors for the loan

3. Additional Financial Covenants: New financial covenants specific to the forbearance period - include for complex commercial arrangements

4. Regulatory Compliance: Specific regulatory requirements - include when dealing with regulated entities or activities

5. Fee and Cost Arrangements: Details of any fees or costs associated with the forbearance - include when additional charges apply

6. Information Requirements: Enhanced reporting requirements during forbearance - include for larger commercial loans

7. Step-In Rights: Lender's rights to take control in certain circumstances - include for significant commercial properties or businesses

Suggested Schedules

1. Schedule 1 - Loan Details: Details of the original loan agreement and current outstanding amounts

2. Schedule 2 - Modified Payment Schedule: Detailed payment schedule during the forbearance period

3. Schedule 3 - Additional Security: Details of any additional security being provided

4. Schedule 4 - Conditions Precedent Documents: List of documents required before forbearance becomes effective

5. Schedule 5 - Financial Reporting Requirements: Specific financial information to be provided during forbearance period

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

7. Appendix B - Original Loan Agreement: Copy of the original loan agreement and amendments

Authors

Alex Denne

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

Relevant legal definitions




































Clauses






























Relevant Industries

Banking and Financial Services

Real Estate and Property Development

Manufacturing and Industrial

Mining and Resources

Retail and Commercial

Agriculture and Agribusiness

Construction and Infrastructure

Transportation and Logistics

Hospitality and Tourism

Healthcare and Medical Facilities

Relevant Teams

Legal

Credit Risk

Commercial Banking

Corporate Finance

Compliance

Treasury

Debt Recovery

Portfolio Management

Risk Assessment

Client Relations

Relevant Roles

Chief Financial Officer

Commercial Banking Manager

Credit Risk Manager

Legal Counsel

Debt Restructuring Specialist

Corporate Finance Manager

Compliance Officer

Treasury Manager

Financial Controller

Recovery Manager

Relationship Manager

Credit Analyst

Portfolio Manager

Risk Assessment Officer

Commercial Director

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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