Loan Forbearance Agreement
Produce a lender-protective, temporary forbearance agreement for a commercial loan default.
Prerequisites
- Loan documents — note, loan agreement, security agreement, mortgages, guaranties, prior amendments
- Parties — legal names, entity types, state of formation, addresses, signing authority, guarantors
- Default facts — specific defaults, dates, amounts, covenant breaches, notices given
- Payoff data — principal, accrued interest, fees, default interest, protective advances
- Collateral — description, perfection status, valuations, insurance
- Forbearance terms — start/end dates, payment schedule, deferred amount treatment, fees
- Reporting — required financials, frequency, format, deadlines
- Governing law/venue — per existing loan documents unless business reason to change
- Approvals — lender credit approval, borrower board/consents if required
Output Structure / Process
1. Title and Parties
| Role |
Legal Name |
Entity Type/State |
Address |
Defined Term |
| Lender |
|
|
|
"Lender" |
| Borrower |
|
|
|
"Borrower" |
| Guarantor(s) |
|
|
|
"Guarantor" |
2. Recitals (Contractual)
- Original loan documents with dates and principal
- Current outstanding balance and maturity
- Collateral summary
- Specific defaults (list each)
- Borrower request; lender discretionary accommodation
- Acknowledgment of debt, lien validity, and no defenses
- State that recitals are contractual and incorporated
3. Defined Terms
Define at minimum: "Forbearance Period," "Forbearance Payments," "Existing Defaults," "Deferred Amounts," "Forbearance Termination Date," "Loan Documents."
4. Forbearance Terms
| Item |
Term |
| Effective Date |
|
| Forbearance Period Start/End |
|
| Forbearance Fee |
|
| Payment Amounts/Dates |
|
| Interest Rate During Period |
|
| Default Rate Applies? |
|
| Late Fees During Period |
|
| Deferred Amount Treatment |
|
| Maturity Extension |
|
| Application of Payments |
|
Required clauses:
- Scope: only specific listed remedies are suspended
- No waiver of rights; all rights reserved
- Forbearance applies only to Existing Defaults
5. Conditions Precedent
6. Ongoing Covenants
7. Representations and Acknowledgments
Borrower: authority and enforceability; no defenses, offsets, or counterclaims; accuracy of financials; no undisclosed MAC; debt and liens are valid and enforceable.
Lender: authority to enter; holder of note (if applicable).
8. Events of Default and Termination
| Trigger |
Notice/Cure? |
| Missed forbearance payment |
|
| Breach of covenant |
|
| New default under loan docs |
|
| Misrepresentation |
|
| Insolvency/bankruptcy/receivership |
|
| Attachment/levy |
|
| Unauthorized transfer |
|
Consequences: forbearance terminates immediately; all amounts due; lender may exercise all remedies under loan documents and law.
9. Releases, Waivers, Reaffirmations
- Borrower release of claims through Effective Date
- Waiver of defenses and counterclaims
- Reaffirmation of all loan documents and liens
- No novation
10. Miscellaneous
- Governing law; venue; jurisdiction
- Attorneys' fees to prevailing party (if consistent with loan docs)
- Integration; amendments in writing only
- Notices (method and addresses)
- Counterparts; electronic signatures
- Assignment limits (borrower restricted)
11. Exhibits
- Exhibit A: Payment Schedule
- Exhibit B: Payoff Statement
- Exhibit C: Collateral Schedule
- Exhibit D: Guarantor Acknowledgment
12. Signature Blocks
Provide blocks for Lender, Borrower, Guarantor(s), and Notary (if required by governing law or real property rules).
Guidelines
- Align governing law, venue, and arbitration with existing loan documents unless there is a specific reason to change
- Do not convert forbearance into a permanent modification unless expressly approved
- Ensure release and waiver language is enforceable under the governing state —
[VERIFY] if unsure
- If collateral includes real property, confirm notarization and recording requirements
- If borrower is in bankruptcy or imminently filing, flag that court approval and automatic stay analysis may be required
- If any consumer lending elements exist, add applicable consumer compliance terms and disclosures
- Keep scope limited to Existing Defaults; reserve all remedies for new defaults
- Avoid representations about future lender accommodations
- Verify default interest, late fees, and usury limits for the governing state with
[VERIFY]
1---2name: loan-forbearance3description: Drafts lender-protective U.S. commercial loan forbearance agreements that temporarily suspend remedies while preserving all lender rights, capturing existing defaults, payment deferrals, conditions precedent, and borrower releases. Use when drafting or reviewing a forbearance agreement, loan workout, payment deferral, temporary modification, default standstill, lender-borrower restructuring, or cure-period extension.4---56# Loan Forbearance Agreement78Produce a lender-protective, temporary forbearance agreement for a commercial loan default.910## Prerequisites11121. **Loan documents** — note, loan agreement, security agreement, mortgages, guaranties, prior amendments132. **Parties** — legal names, entity types, state of formation, addresses, signing authority, guarantors143. **Default facts** — specific defaults, dates, amounts, covenant breaches, notices given154. **Payoff data** — principal, accrued interest, fees, default interest, protective advances165. **Collateral** — description, perfection status, valuations, insurance176. **Forbearance terms** — start/end dates, payment schedule, deferred amount treatment, fees187. **Reporting** — required financials, frequency, format, deadlines198. **Governing law/venue** — per existing loan documents unless business reason to change209. **Approvals** — lender credit approval, borrower board/consents if required2122## Output Structure / Process2324### 1. Title and Parties2526| Role | Legal Name | Entity Type/State | Address | Defined Term |27| --- | --- | --- | --- | --- |28| Lender | | | | "Lender" |29| Borrower | | | | "Borrower" |30| Guarantor(s) | | | | "Guarantor" |3132### 2. Recitals (Contractual)3334- Original loan documents with dates and principal35- Current outstanding balance and maturity36- Collateral summary37- Specific defaults (list each)38- Borrower request; lender discretionary accommodation39- Acknowledgment of debt, lien validity, and no defenses40- State that recitals are contractual and incorporated4142### 3. Defined Terms4344Define at minimum: "Forbearance Period," "Forbearance Payments," "Existing Defaults," "Deferred Amounts," "Forbearance Termination Date," "Loan Documents."4546### 4. Forbearance Terms4748| Item | Term |49| --- | --- |50| Effective Date | |51| Forbearance Period Start/End | |52| Forbearance Fee | |53| Payment Amounts/Dates | |54| Interest Rate During Period | |55| Default Rate Applies? | |56| Late Fees During Period | |57| Deferred Amount Treatment | |58| Maturity Extension | |59| Application of Payments | |6061Required clauses:62- Scope: only specific listed remedies are suspended63- No waiver of rights; all rights reserved64- Forbearance applies only to Existing Defaults6566### 5. Conditions Precedent6768- [ ] Execution and delivery by all parties69- [ ] Payment of forbearance fee and costs70- [ ] Current financial statements delivered71- [ ] Evidence of insurance; lender as loss payee/additional insured72- [ ] UCC/real property perfection status confirmed73- [ ] All required consents/authorizations delivered7475### 6. Ongoing Covenants7677- [ ] Timely forbearance payments, no grace period78- [ ] Taxes and insurance current79- [ ] No additional debt or liens without consent80- [ ] No asset sales outside ordinary course81- [ ] Maintain legal existence and good standing82- [ ] Periodic financial reporting (define cadence and deadline)83- [ ] Collateral preservation and inspection access8485### 7. Representations and Acknowledgments8687**Borrower:** authority and enforceability; no defenses, offsets, or counterclaims; accuracy of financials; no undisclosed MAC; debt and liens are valid and enforceable.8889**Lender:** authority to enter; holder of note (if applicable).9091### 8. Events of Default and Termination9293| Trigger | Notice/Cure? |94| --- | --- |95| Missed forbearance payment | |96| Breach of covenant | |97| New default under loan docs | |98| Misrepresentation | |99| Insolvency/bankruptcy/receivership | |100| Attachment/levy | |101| Unauthorized transfer | |102103Consequences: forbearance terminates immediately; all amounts due; lender may exercise all remedies under loan documents and law.104105### 9. Releases, Waivers, Reaffirmations106107- Borrower release of claims through Effective Date108- Waiver of defenses and counterclaims109- Reaffirmation of all loan documents and liens110- No novation111112### 10. Miscellaneous113114- Governing law; venue; jurisdiction115- Attorneys' fees to prevailing party (if consistent with loan docs)116- Integration; amendments in writing only117- Notices (method and addresses)118- Counterparts; electronic signatures119- Assignment limits (borrower restricted)120121### 11. Exhibits122123- Exhibit A: Payment Schedule124- Exhibit B: Payoff Statement125- Exhibit C: Collateral Schedule126- Exhibit D: Guarantor Acknowledgment127128### 12. Signature Blocks129130Provide blocks for Lender, Borrower, Guarantor(s), and Notary (if required by governing law or real property rules).131132## Guidelines133134- Align governing law, venue, and arbitration with existing loan documents unless there is a specific reason to change135- Do not convert forbearance into a permanent modification unless expressly approved136- Ensure release and waiver language is enforceable under the governing state — `[VERIFY]` if unsure137- If collateral includes real property, confirm notarization and recording requirements138- If borrower is in bankruptcy or imminently filing, flag that court approval and automatic stay analysis may be required139- If any consumer lending elements exist, add applicable consumer compliance terms and disclosures140- Keep scope limited to Existing Defaults; reserve all remedies for new defaults141- Avoid representations about future lender accommodations142- Verify default interest, late fees, and usury limits for the governing state with `[VERIFY]`