Forbearance Agreement Commercial Loan Template for Australia

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Key Requirements PROMPT example:

Forbearance Agreement Commercial Loan

"I need a Forbearance Agreement Commercial Loan for my manufacturing company that's currently defaulting on a $5M loan, where we're seeking a 6-month forbearance period starting March 2025, with weekly progress reporting requirements and potential asset sale provisions."

Document background
The Forbearance Agreement Commercial Loan is a crucial document in Australian commercial lending practice, typically employed when a borrower has defaulted or is likely to default on their loan obligations but demonstrates potential for recovery or restructuring. This document becomes relevant when standard loan terms need temporary modification to help a business through financial difficulties while protecting the lender's interests. It operates within the Australian legal framework, particularly considering the Corporations Act 2001 (Cth), Banking Act 1959 (Cth), and Australian contract law principles. The agreement details the forbearance period, modified payment terms, conditions for maintaining the forbearance, additional security requirements if any, and the consequences of non-compliance. It's particularly important in the current economic climate where businesses may face temporary financial challenges but remain fundamentally viable.
Suggested Sections

1. Parties: Identifies the lender, borrower, and any guarantors or other relevant parties

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

3. Definitions: Defines key terms used throughout the agreement

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

5. Forbearance Terms: Details of the forbearance period, conditions, and any modified payment terms

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

7. Representations and Warranties: Borrower's confirmations regarding their financial status and ability to comply

8. Covenants: Ongoing obligations of the borrower during the forbearance period

9. Events of Default: Circumstances that would terminate the forbearance arrangement

10. Rights and Remedies: Lender's rights upon breach of the forbearance agreement

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

12. General Provisions: Standard contract clauses including governing law, notices, and amendments

Optional Sections

1. Additional Security: Used when new security is being provided as part of the forbearance arrangement

2. Guarantor Provisions: Required when guarantors are involved in the original loan or new guarantors are being added

3. Financial Reporting Requirements: Additional financial monitoring requirements during forbearance period

4. Step-In Rights: Used for complex commercial loans where lender may need operational control

5. Asset Sale Provisions: Required when partial debt repayment through asset sales is contemplated

6. Debt Restructuring Terms: Used when forbearance includes elements of debt restructuring

7. Third Party Consents: Required when other creditors' or stakeholders' consent is needed

Suggested Schedules

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

2. Schedule 2 - Modified Payment Schedule: New payment terms and schedule during forbearance period

3. Schedule 3 - Security Details: List of existing and any new security arrangements

4. Schedule 4 - Conditions Precedent Checklist: Detailed list of conditions to be satisfied

5. Schedule 5 - Financial Covenants: Specific financial metrics and reporting requirements

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

7. Appendix B - Required Notices: Forms of notices required under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Commercial Real Estate

Manufacturing

Retail

Agriculture

Mining and Resources

Construction

Healthcare

Hospitality

Technology

Transportation and Logistics

Professional Services

Relevant Teams

Legal

Finance

Credit Risk

Commercial Lending

Corporate Banking

Debt Recovery

Treasury

Compliance

Operations

Corporate Advisory

Loan Administration

Risk Management

Relevant Roles

Chief Financial Officer

Finance Director

Commercial Lending Manager

Credit Risk Manager

Corporate Lawyer

Restructuring Officer

Treasury Manager

Debt Recovery Manager

Commercial Banking Officer

Risk and Compliance Officer

Portfolio Manager

Loan Administrator

Company Secretary

Managing Director

Workout 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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