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Forbearance Agreement

This Forbearance Agreement allows a lender to temporarily postpone or reduce a borrower's repayment obligations, offering a structured plan to avoid default during financial hardship. It is suitable when both parties seek an alternative to immediate enforcement actions.

Updated 17d ago
forbearanceloan agreementdebt restructuringfinancial hardshippayment plan جنوب أفريقيا

COMPANY LETTERHEAD

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

FORBEARANCE AGREEMENT

This Forbearance Agreement (the “Agreement”) is made and entered into this {{date_of_agreement}} day of {{month_of_agreement}}, {{year_of_agreement}}, by and between {{lender_name}} (the “Lender”), with its principal place of business at {{lender_address}}, and {{borrower_name}} (the “Borrower”), with its principal place of business at {{borrower_address}}.

RECITALS

A. The Borrower is indebted to the Lender pursuant to a [Loan Agreement/Promissory Note] dated {{original_loan_agreement_date}} (the “Original Loan Agreement”) in the original principal amount of {{original_principal_amount}} (the “Obligation”).

B. The Borrower has experienced financial hardship and is unable to meet its repayment obligations as per the original terms of the Original Loan Agreement.

C. The Lender and the Borrower desire to enter into this Agreement to temporarily modify the terms of the Original Loan Agreement to provide for a period of forbearance.

FORBEARANCE PERIOD

Subject to the terms and conditions of this Agreement, the Lender agrees to forbear from exercising its rights and remedies under the Original Loan Agreement and any related loan documents for a period commencing on {{forbearance_start_date}} and ending on {{forbearance_end_date}} (the “Forbearance Period”).

FORBEARANCE TERMS

During the Forbearance Period, the Borrower agrees to make the following payments to the Lender:

a. Monthly interest payments of {{monthly_interest_payment}} on or before the {{payment_due_day}} of each month, commencing {{first_payment_date}}.

b. A lump sum payment of {{lump_sum_payment}} on or before {{lump_sum_payment_date}}.

c. The Borrower further agrees to provide {{frequency_of_financial_updates}} financial updates to the Lender, including but not limited to {{types_of_financial_documents}}.

ACKNOWLEDGMENT OF DEBT

The Borrower acknowledges and agrees that the total outstanding indebtedness to the Lender as of the date of this Agreement is {{outstanding_debt_amount}}, including principal, accrued interest, and any applicable fees. The Borrower further acknowledges that this Agreement does not constitute a waiver of such indebtedness or any part thereof.

CONTINUING VALIDITY OF ORIGINAL LOAN AGREEMENT

Except as expressly modified by this Agreement, all terms, conditions, covenants, and agreements contained in the Original Loan Agreement and any other related loan documents shall remain in full force and effect. The Lender’s agreement to forbear shall not be construed as a waiver of any past, present, or future default by the Borrower.

EVENTS OF DEFAULT

Should the Borrower fail to comply with any of the terms and conditions of this Agreement, including but not limited to making the required payments, this Agreement shall immediately terminate, and the Lender shall be entitled to exercise all rights and remedies available under the Original Loan Agreement and applicable law, without further notice to the Borrower.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of {{governing_law_jurisdiction}}.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

SIGNATURE BLOCK

IN WITNESS WHEREOF, the parties have executed this Forbearance Agreement as of the date first written above.

LENDER:

By: ___________________________

Name: {{lender_signatory_name}}

Title: {{lender_signatory_title}}

BORROWER:

By: ___________________________

Name: {{borrower_signatory_name}}

Title: {{borrower_signatory_title}}

WITNESSES:

1. ___________________________

Name: {{witness_1_name}}

2. ___________________________

Name: {{witness_2_name}}

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