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Forbearance Agreement Commercial Loan for Saudi Arabia

Forbearance Agreement Commercial Loan Template for Saudi Arabia

A Forbearance Agreement governed by Saudi Arabian law is a formal legal document that establishes temporary relief from loan obligations between a lender and a commercial borrower. The agreement must comply with both Saudi commercial law and Shariah principles, making it distinct from conventional forbearance agreements in other jurisdictions. It details the terms under which the lender agrees to temporarily refrain from exercising its enforcement rights despite a default under the original loan agreement, while preserving its rights and establishing new conditions and timelines for the borrower's compliance. The document includes specific provisions required by Saudi Arabian Monetary Authority (SAMA) regulations and addresses Islamic finance principles.

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Forbearance Agreement Commercial Loan

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What is a Forbearance Agreement Commercial Loan?

The Forbearance Agreement Commercial Loan is a critical document used in Saudi Arabian commercial lending relationships when a borrower faces difficulties meeting their original loan obligations. It becomes necessary when a commercial borrower defaults or is likely to default on their loan obligations, but the lender believes that providing temporary relief and potentially restructuring the debt would be more beneficial than immediate enforcement. The agreement must navigate both Saudi Arabian commercial law requirements and Shariah principles, making it distinct from conventional forbearance agreements. It typically includes acknowledgment of the existing debt, specific terms of forbearance, revised payment schedules, additional security arrangements if applicable, and conditions for maintaining the forbearance period. The document must comply with SAMA regulations and often requires approval from the lender's Shariah board.

What sections should be included in a Forbearance Agreement Commercial Loan?

1. Parties: Identification of the lender and borrower with full legal names and registration details

2. Background: Recitals detailing the original loan agreement, current default status, and the parties' intention to enter into forbearance

3. Definitions: Key terms used in the agreement, including references to the original loan agreement and related documents

4. Acknowledgment of Debt: Borrower's confirmation of the outstanding amount and admission of default

5. Forbearance Terms: Specific terms of the forbearance including duration, conditions, and any restructured payment schedule

6. Conditions Precedent: Conditions that must be satisfied before the forbearance becomes effective

7. Borrower's Covenants: Ongoing obligations of the borrower during the forbearance period

8. Representations and Warranties: Statements of fact and assurances from the borrower regarding their financial condition and ability to perform

9. Events of Default: Circumstances that would terminate the forbearance and trigger enforcement rights

10. Remedies: Lender's rights and remedies upon breach of the forbearance agreement

11. Governing Law and Jurisdiction: Confirmation of Saudi law application and jurisdiction of Saudi courts

12. Notices: Process for formal communications between parties

13. Counterparts and Execution: Provisions for signing and executing the agreement

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

1. Additional Security: Required when new collateral or guarantees are being provided as part of the forbearance arrangement

2. Fee and Cost Provisions: Include when there are specific fees or costs associated with the forbearance that need to be documented

3. Shariah Compliance Declaration: Include when specifically required by the financial institution or when the agreement needs explicit confirmation of Shariah compliance

4. Restructuring Terms: Include when the forbearance includes debt restructuring beyond simple payment deferral

5. Third Party Consents: Required when other parties' consents (such as guarantors or security providers) are necessary for the forbearance

6. Regulatory Compliance: Include when specific SAMA regulations need to be addressed or acknowledged

What schedules should be included in a Forbearance Agreement Commercial Loan?

1. Schedule 1 - Original Loan Details: Details of the original loan agreement including date, amount, and key terms

2. Schedule 2 - Current Outstanding Amount: Detailed breakdown of the current debt including principal, profit, and any other charges

3. Schedule 3 - Revised Payment Schedule: New payment schedule agreed under the forbearance terms

4. Schedule 4 - Additional Security Details: Description of any new security or guarantees provided

5. Schedule 5 - Conditions Precedent Documents: List of documents and conditions required before forbearance becomes effective

6. Appendix A - Form of Compliance Certificate: Template for periodic compliance certification by the borrower

7. Appendix B - Form of Payment Confirmation: Standard form for confirming payments made under the forbearance agreement

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

Jurisdiction

Saudi Arabia

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions







































Clauses






























Relevant Industries

Banking and Financial Services

Real Estate and Construction

Manufacturing

Retail and Commerce

Energy and Resources

Healthcare

Technology and Telecommunications

Transportation and Logistics

Hospitality and Tourism

Industrial and Engineering

Relevant Teams

Legal

Finance

Credit Risk

Corporate Banking

Compliance

Treasury

Debt Recovery

Shariah Advisory

Corporate Secretariat

Special Assets Management

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Credit Risk Manager

Relationship Manager

Treasury Manager

Compliance Officer

Shariah Compliance Officer

Recovery Manager

Debt Restructuring Specialist

Corporate Banking Manager

Chief Risk Officer

Company Secretary

Financial Controller

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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