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.4license: Apache-2.05---67# Loan Forbearance Agreement89Produce a lender-protective, temporary forbearance agreement for a commercial loan default.1011## Prerequisites12131. **Loan documents** — note, loan agreement, security agreement, mortgages, guaranties, prior amendments142. **Parties** — legal names, entity types, state of formation, addresses, signing authority, guarantors153. **Default facts** — specific defaults, dates, amounts, covenant breaches, notices given164. **Payoff data** — principal, accrued interest, fees, default interest, protective advances175. **Collateral** — description, perfection status, valuations, insurance186. **Forbearance terms** — start/end dates, payment schedule, deferred amount treatment, fees197. **Reporting** — required financials, frequency, format, deadlines208. **Governing law/venue** — per existing loan documents unless business reason to change219. **Approvals** — lender credit approval, borrower board/consents if required2223## Output Structure / Process2425### 1. Title and Parties2627| Role | Legal Name | Entity Type/State | Address | Defined Term |28| --- | --- | --- | --- | --- |29| Lender | | | | "Lender" |30| Borrower | | | | "Borrower" |31| Guarantor(s) | | | | "Guarantor" |3233### 2. Recitals (Contractual)3435- Original loan documents with dates and principal36- Current outstanding balance and maturity37- Collateral summary38- Specific defaults (list each)39- Borrower request; lender discretionary accommodation40- Acknowledgment of debt, lien validity, and no defenses41- State that recitals are contractual and incorporated4243### 3. Defined Terms4445Define at minimum: "Forbearance Period," "Forbearance Payments," "Existing Defaults," "Deferred Amounts," "Forbearance Termination Date," "Loan Documents."4647### 4. Forbearance Terms4849| Item | Term |50| --- | --- |51| Effective Date | |52| Forbearance Period Start/End | |53| Forbearance Fee | |54| Payment Amounts/Dates | |55| Interest Rate During Period | |56| Default Rate Applies? | |57| Late Fees During Period | |58| Deferred Amount Treatment | |59| Maturity Extension | |60| Application of Payments | |6162Required clauses:63- Scope: only specific listed remedies are suspended64- No waiver of rights; all rights reserved65- Forbearance applies only to Existing Defaults6667### 5. Conditions Precedent6869- [ ] Execution and delivery by all parties70- [ ] Payment of forbearance fee and costs71- [ ] Current financial statements delivered72- [ ] Evidence of insurance; lender as loss payee/additional insured73- [ ] UCC/real property perfection status confirmed74- [ ] All required consents/authorizations delivered7576### 6. Ongoing Covenants7778- [ ] Timely forbearance payments, no grace period79- [ ] Taxes and insurance current80- [ ] No additional debt or liens without consent81- [ ] No asset sales outside ordinary course82- [ ] Maintain legal existence and good standing83- [ ] Periodic financial reporting (define cadence and deadline)84- [ ] Collateral preservation and inspection access8586### 7. Representations and Acknowledgments8788**Borrower:** authority and enforceability; no defenses, offsets, or counterclaims; accuracy of financials; no undisclosed MAC; debt and liens are valid and enforceable.8990**Lender:** authority to enter; holder of note (if applicable).9192### 8. Events of Default and Termination9394| Trigger | Notice/Cure? |95| --- | --- |96| Missed forbearance payment | |97| Breach of covenant | |98| New default under loan docs | |99| Misrepresentation | |100| Insolvency/bankruptcy/receivership | |101| Attachment/levy | |102| Unauthorized transfer | |103104Consequences: forbearance terminates immediately; all amounts due; lender may exercise all remedies under loan documents and law.105106### 9. Releases, Waivers, Reaffirmations107108- Borrower release of claims through Effective Date109- Waiver of defenses and counterclaims110- Reaffirmation of all loan documents and liens111- No novation112113### 10. Miscellaneous114115- Governing law; venue; jurisdiction116- Attorneys' fees to prevailing party (if consistent with loan docs)117- Integration; amendments in writing only118- Notices (method and addresses)119- Counterparts; electronic signatures120- Assignment limits (borrower restricted)121122### 11. Exhibits123124- Exhibit A: Payment Schedule125- Exhibit B: Payoff Statement126- Exhibit C: Collateral Schedule127- Exhibit D: Guarantor Acknowledgment128129### 12. Signature Blocks130131Provide blocks for Lender, Borrower, Guarantor(s), and Notary (if required by governing law or real property rules).132133## Guidelines134135- Align governing law, venue, and arbitration with existing loan documents unless there is a specific reason to change136- Do not convert forbearance into a permanent modification unless expressly approved137- Ensure release and waiver language is enforceable under the governing state — `[VERIFY]` if unsure138- If collateral includes real property, confirm notarization and recording requirements139- If borrower is in bankruptcy or imminently filing, flag that court approval and automatic stay analysis may be required140- If any consumer lending elements exist, add applicable consumer compliance terms and disclosures141- Keep scope limited to Existing Defaults; reserve all remedies for new defaults142- Avoid representations about future lender accommodations143- Verify default interest, late fees, and usury limits for the governing state with `[VERIFY]`