The Credit Waiver is a crucial document used in Swiss banking and financial transactions when a creditor agrees to waive certain rights, payments, or obligations owed by a debtor under an existing credit agreement. This document becomes necessary in various scenarios, such as debt restructuring, financial distress situations, or strategic commercial arrangements. The waiver must comply with Swiss law requirements, particularly the Swiss Code of Obligations and Banking Act, and typically includes specific details about the obligations being waived, any conditions attached to the waiver, and the impact on existing security arrangements. It's commonly used by financial institutions and businesses operating in Switzerland to formally document such arrangements and ensure legal certainty for all parties involved.
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1. Parties: Identification of the creditor(s) and debtor(s), including full legal names and addresses
2. Background: Context of the original credit agreement and circumstances leading to the waiver
3. Definitions: Key terms used in the agreement, including 'Credit Agreement', 'Waived Obligations', and 'Effective Date'
4. Waiver: Clear specification of the obligations being waived, including amounts, interest, and other charges
5. Conditions Precedent: Any conditions that must be satisfied before the waiver becomes effective
6. Representations and Warranties: Statements of fact by both parties regarding their authority and the accuracy of information provided
7. Reservation of Rights: Specification of rights that are explicitly preserved despite the waiver
8. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
9. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability
1. Security Interests: Required when the original credit agreement includes collateral or guarantees that need to be addressed
2. Consent of Third Parties: Needed when other creditors or guarantors must consent to the waiver
3. Surviving Obligations: Include when certain obligations will continue despite the waiver
4. Tax Provisions: Required when the waiver has significant tax implications for either party
5. Confidentiality: Include when parties wish to keep the terms of the waiver confidential
6. Release: Optional mutual release of claims related to the waived obligations
1. Schedule 1 - Original Credit Agreement: Copy or details of the credit agreement being modified
2. Schedule 2 - Waived Amounts: Detailed breakdown of all amounts being waived, including principal, interest, and fees
3. Schedule 3 - Remaining Obligations: List of any obligations that continue after the waiver
4. Schedule 4 - Security Documents: List of security documents affected by the waiver, if applicable
5. Appendix A - Calculation of Waived Amounts: Detailed calculations showing how waived amounts were determined
6. Appendix B - Form of Release: Template for any required release documents
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