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Non Payment Agreement

Non Payment Agreement Template for Netherlands

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Non Payment Agreement

"I need a Non Payment Agreement for my manufacturing company to defer €250,000 in supplier payments to ABC Manufacturing BV until March 2025, with monthly status reviews and the option to make partial payments if cash flow improves."

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The Non-Payment Agreement is a crucial document used in situations where a debtor requires temporary relief from payment obligations while maintaining the validity of the underlying debt. This agreement, governed by Dutch law, is particularly valuable during financial restructuring, temporary business difficulties, or when implementing staged payment arrangements. It provides legal protection for both creditors and debtors by clearly documenting the terms of payment suspension, conditions for maintaining the agreement, and the consequences of default. The document is commonly used in commercial contexts where maintaining business relationships while managing cash flow challenges is essential. It includes detailed provisions about the debt acknowledgment, forbearance period, and any conditions attached to the non-payment arrangement, all structured in compliance with Dutch legal requirements and commercial practices.
Suggested Sections

1. Parties: Identification and details of all parties to the agreement

2. Background: Context of the existing debt or payment obligation and reason for the non-payment agreement

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

4. Acknowledgment of Debt: Clear statement of the existing debt amount and its origin

5. Non-Payment Terms: Specific terms of the agreement not to demand payment, including duration and conditions

6. Conditions Precedent: Any conditions that must be met before the agreement becomes effective

7. Representations and Warranties: Statements of fact and assurances from both parties

8. Obligations of the Parties: Ongoing obligations of both creditor and debtor during the non-payment period

9. Events of Default: Circumstances that would constitute a breach of the agreement

10. Consequences of Default: Actions that may be taken if a default occurs

11. Duration and Termination: Term of the agreement and circumstances for early termination

12. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes

13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Security Arrangements: Include when additional security is being provided for the debt

2. Third-Party Guarantees: Required when a guarantor is involved in securing the debt

3. Interest Provisions: Include when there are specific arrangements regarding interest during the non-payment period

4. Partial Payment Provisions: Include when allowing for certain partial payments during the agreement period

5. Subordination Provisions: Include when the debt needs to be subordinated to other creditors

6. Restructuring Options: Include when future debt restructuring possibilities are contemplated

7. Confidentiality: Include when parties wish to keep the agreement terms confidential

8. Tax Implications: Include when there are specific tax considerations to address

Suggested Schedules

1. Schedule 1 - Debt Details: Detailed breakdown of the existing debt, including dates and amounts

2. Schedule 2 - Payment History: Record of previous payments and payment attempts

3. Schedule 3 - Security Details: Details of any security or collateral (if applicable)

4. Schedule 4 - Related Agreements: List and details of any related agreements or contracts

5. Appendix A - Communication Protocol: Agreed procedures for communications during the non-payment period

6. Appendix B - Compliance Requirements: Any specific compliance or reporting requirements during the agreement period

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions































Clauses




























Relevant Industries

Financial Services

Banking

Manufacturing

Retail

Construction

Real Estate

Technology

Healthcare

Professional Services

Transportation and Logistics

Energy

Agriculture

Wholesale Trade

Hospitality

Relevant Teams

Legal

Finance

Treasury

Credit Control

Risk Management

Collections

Corporate Affairs

Accounts Receivable

Business Development

Executive Leadership

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Credit Manager

Treasury Manager

Accounts Receivable Manager

Debt Recovery Specialist

Risk Manager

Commercial Director

Business Development Manager

Financial Controller

Corporate Lawyer

Restructuring Advisor

Credit Control Supervisor

Collections Manager

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

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