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Loan Forbearance Agreement Template for England and Wales

A Loan Forbearance Agreement under English and Welsh law is a formal modification to an existing loan agreement, where the lender agrees to temporarily modify or suspend the borrower's payment obligations. The agreement outlines revised payment terms, conditions for the forbearance period, and any additional requirements or securities. It maintains compliance with UK financial regulations while providing relief to borrowers experiencing financial difficulty.

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What is a Loan Forbearance Agreement?

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.

What sections should be included in a Loan Forbearance Agreement?

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

What sections are optional to include in a Loan Forbearance Agreement?

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

What schedules should be included in a Loan Forbearance Agreement?

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) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Document Type

Financing Agreement

Cost

Free to use

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