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Credit Waiver
"I need a Credit Waiver agreement under Swiss law for Bank ABC AG to waive CHF 2 million in default interest and late payment penalties for a corporate borrower, while maintaining the principal repayment obligations due on March 15, 2025."
1. Parties: Identification of the creditor(s) and debtor(s), including full legal names and addresses
2. Background: Context of the original credit agreement and circumstances leading to the waiver
3. Definitions: Key terms used in the agreement, including 'Credit Agreement', 'Waived Obligations', and 'Effective Date'
4. Waiver: Clear specification of the obligations being waived, including amounts, interest, and other charges
5. Conditions Precedent: Any conditions that must be satisfied before the waiver becomes effective
6. Representations and Warranties: Statements of fact by both parties regarding their authority and the accuracy of information provided
7. Reservation of Rights: Specification of rights that are explicitly preserved despite the waiver
8. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
9. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability
1. Security Interests: Required when the original credit agreement includes collateral or guarantees that need to be addressed
2. Consent of Third Parties: Needed when other creditors or guarantors must consent to the waiver
3. Surviving Obligations: Include when certain obligations will continue despite the waiver
4. Tax Provisions: Required when the waiver has significant tax implications for either party
5. Confidentiality: Include when parties wish to keep the terms of the waiver confidential
6. Release: Optional mutual release of claims related to the waived obligations
1. Schedule 1 - Original Credit Agreement: Copy or details of the credit agreement being modified
2. Schedule 2 - Waived Amounts: Detailed breakdown of all amounts being waived, including principal, interest, and fees
3. Schedule 3 - Remaining Obligations: List of any obligations that continue after the waiver
4. Schedule 4 - Security Documents: List of security documents affected by the waiver, if applicable
5. Appendix A - Calculation of Waived Amounts: Detailed calculations showing how waived amounts were determined
6. Appendix B - Form of Release: Template for any required release documents
Authors
Banking
Financial Services
Insurance
Corporate Lending
Real Estate
Manufacturing
Retail
Construction
Infrastructure
Energy
Telecommunications
Healthcare
Agriculture
Transportation
Hospitality
Legal
Finance
Credit Risk
Corporate Banking
Compliance
Treasury
Risk Management
Restructuring
Corporate Finance
Credit Administration
Debt Recovery
Transaction Management
Chief Financial Officer
Finance Director
Credit Risk Manager
Legal Counsel
Corporate Lawyer
Banking Relationship Manager
Credit Officer
Restructuring Officer
Treasury Manager
Financial Controller
Compliance Officer
Risk Management Director
Corporate Banking Manager
Debt Restructuring Specialist
Senior Credit Analyst
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