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Deferment Agreement for Malta

Deferment Agreement Template for Malta

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Deferment Agreement

"I need a Deferment Agreement for a commercial property lease debt of 鈧50,000, where the tenant (a retail company) will pay in 12 monthly installments starting March 2025, with a personal guarantee from the company director."

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Deferment Agreement

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What is a Deferment Agreement?

The Deferment Agreement serves as a crucial legal instrument in situations where parties need to modify existing payment obligations due to various circumstances such as financial hardship, business restructuring, or strategic financial planning. This document, governed by Maltese law, provides a formal framework for revising payment terms while maintaining the enforceability of the original obligation. The agreement typically includes detailed payment schedules, interest provisions, and may incorporate security arrangements or guarantees. It's particularly important in commercial contexts where maintaining business relationships while managing cash flow is essential. The Deferment Agreement must comply with Maltese civil and commercial law requirements, including specific provisions regarding interest rates, payment terms, and financial services regulations. It serves as a protective mechanism for both creditors and debtors by clearly documenting the new arrangements and their terms.

What sections should be included in a Deferment Agreement?

1. Parties: Identification and details of the parties entering into the agreement

2. Background: Context of the original obligation and reasons for deferment

3. Definitions: Definitions of key terms used throughout the agreement

4. Original Obligation: Details of the original debt or obligation being deferred

5. Deferment Terms: Specific terms of the deferment including new payment dates and conditions

6. Payment Schedule: Structure and timing of deferred payments

7. Interest and Charges: Details of any interest or additional charges applicable during the deferment period

8. Default Provisions: Consequences of failing to meet the deferred payment obligations

9. Representations and Warranties: Statements of fact and assurances by the parties

10. Governing Law and Jurisdiction: Confirmation of Maltese law application and jurisdiction

What sections are optional to include in a Deferment Agreement?

1. Security Arrangements: Details of any security or collateral provided to secure the deferred payments

2. Guarantor Provisions: Terms applicable when a guarantor is involved in securing the deferred obligation

3. Early Payment Provisions: Terms for early repayment of the deferred amount, including any discounts or penalties

4. Further Deferment Options: Conditions under which further deferment might be considered

5. Third Party Rights: Provisions regarding the rights of third parties affected by the deferment

6. Force Majeure: Provisions for unforeseen circumstances affecting payment capability

7. Assignment and Transfer: Terms governing the transfer of rights under the agreement

What schedules should be included in a Deferment Agreement?

1. Payment Schedule: Detailed schedule of payment dates, amounts, and methods

2. Original Agreement: Copy or key terms of the original agreement giving rise to the obligation

3. Security Documents: Details of any security arrangements, including asset descriptions or guarantees

4. Financial Statement: Current financial position of the debtor (if relevant)

5. Calculation of Interest: Detailed breakdown of interest calculations and charges

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 | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses




























Relevant Industries

Financial Services

Banking

Commercial Real Estate

Retail

Manufacturing

Construction

Professional Services

Healthcare

Technology

Telecommunications

Energy

Transportation and Logistics

Relevant Teams

Legal

Finance

Treasury

Credit Control

Accounts Receivable

Compliance

Risk Management

Commercial Operations

Business Development

Collections

Relevant Roles

Chief Financial Officer

Finance Director

Credit Controller

Financial Manager

Legal Counsel

Compliance Officer

Treasury Manager

Accounts Receivable Manager

Commercial Director

Risk Manager

Collections Manager

Business Development Manager

Contract Administrator

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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