Loan Forbearance Agreement Template for England and Wales

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Key Requirements PROMPT example:

Loan Forbearance Agreement

"I need a Loan Forbearance Agreement for a commercial property loan where the borrower requires a six-month payment holiday starting from March 2025, with interest capitalization and additional security requirements."

Document background
A Loan Forbearance Agreement becomes necessary when a borrower faces difficulties meeting their original loan obligations and requires temporary relief. This document, governed by English and Welsh law, formally modifies the existing loan terms while preserving the lender's rights. It specifies the forbearance period, modified payment schedule, any additional conditions or security requirements, and ensures compliance with UK financial regulations and FCA requirements. The agreement is particularly relevant during economic downturns or when borrowers face temporary financial hardship.
Suggested Sections

1. Parties: Identification of lender and borrower with full legal names and addresses

2. Background: Details of original loan agreement and circumstances leading to forbearance

3. Definitions: Key terms used throughout the agreement including Forbearance Period, Original Loan Agreement, and Modified Payment Terms

4. Forbearance Terms: Specific modifications to payment terms, including duration and conditions of the forbearance

5. Acknowledgment of Debt: Borrower's confirmation of the outstanding amount and validity of the debt

6. Effect on Original Agreement: Clarification that other terms of original loan remain in force except as modified by this agreement

7. Representations and Warranties: Standard representations about capacity to enter agreement and accuracy of information

8. Governing Law and Jurisdiction: Confirmation that agreement is governed by English and Welsh law

Optional Sections

1. Additional Security: New security arrangements if additional collateral is being provided during forbearance

2. Conditions Precedent: Conditions that must be met before forbearance takes effect, such as initial payments or documentation

3. Financial Covenants: Additional financial requirements during forbearance period, typically for commercial loans

4. Further Assurance: Obligation to execute additional documents or take further steps if required

Suggested Schedules

1. Schedule 1 - Original Loan Agreement: Copy or details of the original loan agreement being modified

2. Schedule 2 - Modified Payment Schedule: New payment dates and amounts under the forbearance arrangement

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

4. Schedule 4 - Conditions Precedent: List of conditions and required documentation prior to effectiveness

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
Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements and their modification. Essential if the original loan was a consumer credit agreement.

Financial Services and Markets Act 2000: Key legislation regulating financial services in the UK, providing the framework for financial regulation and consumer protection.

Consumer Rights Act 2015: Legislation protecting consumer rights in contracts, particularly relevant if dealing with consumer loans.

Unfair Contract Terms Act 1977: Legislation controlling unfair terms in contracts, ensuring balance between parties' rights and obligations.

FCA Handbook - CONC: Consumer Credit Sourcebook providing detailed regulations for consumer credit activities and forbearance.

FCA Handbook - MCOB: Mortgages and Home Finance Conduct of Business Sourcebook, relevant if the forbearance relates to mortgage lending.

FCA Treating Customers Fairly Principles: Regulatory principles ensuring fair treatment of customers in financial services, particularly important in forbearance situations.

COVID-19 FCA Guidance: Specific regulatory guidance issued by the FCA regarding loan forbearance during the COVID-19 pandemic.

Coronavirus Act 2020: Emergency legislation that may affect loan forbearance arrangements made during the pandemic period.

Law of Property Act 1925: Relevant for secured lending, governing property rights and security interests.

Limitation Act 1980: Sets time limits for enforcement of contracts and legal actions relating to loans.

UK GDPR: Data protection regulation governing how personal data must be handled in financial agreements.

Data Protection Act 2018: UK's implementation of data protection requirements, relevant for handling personal information in forbearance agreements.

Money Laundering Regulations 2017: Regulations requiring appropriate due diligence and monitoring in financial transactions.

Proceeds of Crime Act 2002: Legislation dealing with money laundering and proceeds of crime, relevant for due diligence in financial agreements.

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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