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Forbearance Agreement Loan Template for Canada

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Key Requirements PROMPT example:

Forbearance Agreement Loan

"I need a Forbearance Agreement Loan for a commercial real estate loan in default, where the corporate borrower needs a 6-month forbearance period starting March 1, 2025, with monthly reporting requirements and additional security against equipment."

Document background
The Forbearance Agreement Loan is a critical document in Canadian lending practices, used when a borrower has defaulted or is likely to default on their loan obligations, but where there is potential for recovery or restructuring. This agreement temporarily suspends the lender's right to enforce their remedies while establishing new terms for the loan's management. The document is essential in both commercial and personal lending contexts, requiring careful consideration of federal legislation such as the Bank Act and Interest Act, as well as provincial regulations governing secured transactions and consumer protection. A properly structured Forbearance Agreement Loan should balance the lender's need to preserve their rights and security interests with providing the borrower a realistic opportunity to resolve their default situation. The agreement typically includes detailed terms about payment modifications, additional reporting requirements, enhanced security arrangements, and specific conditions that must be met to maintain the forbearance period.
Suggested Sections

1. Parties: Identification of the lender and borrower, including full legal names and addresses

2. Background: Recitals describing the original loan agreement, the default situation, and the parties' intention to enter into a forbearance arrangement

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

4. Acknowledgment of Debt: Borrower's formal acknowledgment of the outstanding debt amount and default status

5. Forbearance Terms: Specific terms under which the lender agrees to forbear, including duration and conditions

6. Payment Terms: Modified payment schedule, amounts, and methods during the forbearance period

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

8. Lender's Rights: Preservation of lender's rights and remedies under the original loan agreement

9. Events of Default: Circumstances that would terminate the forbearance agreement

10. Representations and Warranties: Statements of fact by both parties regarding their capacity and authority

11. General Provisions: Standard contract clauses including governing law, notices, and amendments

12. Execution: Signature blocks and execution details

Optional Sections

1. Security Confirmation: Confirmation of existing security arrangements - include when the original loan is secured

2. Additional Security: Details of any new security required as part of the forbearance - include when additional security is being provided

3. Guarantor Provisions: Specific provisions relating to guarantors - include when the original loan has guarantors

4. Financial Reporting Requirements: Additional financial reporting obligations - include for commercial loans or larger amounts

5. Insurance Requirements: Specific insurance obligations - include when particular insurance coverage is required

6. Release: Release of claims against the lender - include when negotiated as part of the forbearance

7. Cost Reimbursement: Terms for reimbursement of lender's costs - include when costs are to be recovered

Suggested Schedules

1. Schedule A - Loan Details: Details of the original loan agreement including date, amount, and current balance

2. Schedule B - Payment Schedule: Detailed payment schedule showing dates, amounts, and allocation between principal and interest

3. Schedule C - Security Details: List and description of all security held by the lender

4. Schedule D - Compliance Certificate: Form of compliance certificate to be provided by borrower

5. Appendix 1 - Default Events: Detailed list of events constituting the default

6. Appendix 2 - Financial Reporting Requirements: Specific requirements for financial reporting during forbearance period

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

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Banking & Financial Services

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