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Forbearance Agreement
I need a forbearance agreement to temporarily pause loan payments for a period of 6 months due to financial hardship, with interest continuing to accrue during this period and a clear plan for resuming payments at the end of the forbearance term.
What is a Forbearance Agreement?
A Forbearance Agreement is a formal arrangement where a lender agrees to pause or modify loan payments when a borrower faces financial difficulties. In Indonesia's banking sector, these agreements help prevent immediate defaults while giving businesses breathing room to recover, especially under OJK (Financial Services Authority) regulations.
The agreement typically outlines temporary payment adjustments, specific conditions the borrower must meet, and a clear timeline for resuming regular payments. Indonesian banks often use these tools during economic downturns, allowing them to maintain positive relationships with viable businesses while avoiding the costly process of debt collection or asset seizure under local commercial law.
When should you use a Forbearance Agreement?
Consider using a Forbearance Agreement when your business faces temporary financial challenges that make it difficult to meet loan obligations. This is especially relevant for Indonesian companies experiencing cash flow problems due to economic downturns, natural disasters, or unexpected market disruptions that impact their ability to make regular payments.
The agreement becomes crucial when you need time to restructure operations or recover financially while maintaining good relationships with lenders. Under OJK guidelines, it's particularly valuable when your business remains fundamentally sound but needs temporary relief from payment obligations. Acting early, before missing payments, gives you the strongest negotiating position with Indonesian banks.
What are the different types of Forbearance Agreement?
- Payment Modification Plans: Adjusts regular payment schedules with reduced installments or extended terms, common in Indonesian retail banking
- Temporary Payment Suspension: Completely pauses payments for a fixed period, typically 3-6 months under OJK guidelines
- Interest-Only Agreements: Allows borrowers to pay only interest temporarily while deferring principal payments
- Conditional Restructuring: Links payment relief to specific business recovery milestones or financial targets
- Emergency Relief Plans: Designed for natural disasters or extraordinary circumstances, offering maximum flexibility under Indonesian banking regulations
Who should typically use a Forbearance Agreement?
- Commercial Banks: Act as primary lenders drafting and offering Forbearance Agreements, usually through their credit restructuring departments
- Corporate Borrowers: Business entities seeking temporary relief from loan obligations while working through financial challenges
- Legal Counsel: Both internal and external lawyers who review and negotiate agreement terms under Indonesian banking regulations
- OJK Officials: Regulatory officers who oversee compliance with financial restructuring guidelines
- Financial Advisors: Help assess and structure viable payment plans for struggling businesses during the forbearance period
How do you write a Forbearance Agreement?
- Loan Documentation: Gather original loan agreements, payment history, and current outstanding balance details
- Financial Assessment: Prepare current financial statements and cash flow projections showing ability to meet modified terms
- Payment Plan: Develop realistic payment scenarios aligned with OJK guidelines and your recovery timeline
- Security Details: Review existing collateral arrangements and any additional security requirements
- Compliance Check: Ensure alignment with Indonesian banking regulations and OJK restructuring frameworks
- Draft Generation: Use our platform to create a legally-sound agreement incorporating all gathered information and requirements
What should be included in a Forbearance Agreement?
- Parties & Loan Details: Full legal names, original loan agreement references, and current outstanding amounts
- Modified Terms: Clear specification of new payment schedules, amounts, and duration of forbearance period
- Conditions Precedent: Requirements borrower must meet before forbearance takes effect
- Default Provisions: Consequences of breaching modified terms under Indonesian law
- Security Confirmation: Statement that original collateral remains valid during forbearance
- OJK Compliance: References to relevant banking regulations and restructuring guidelines
- Governing Law: Explicit statement of Indonesian jurisdiction and applicable regulations
What's the difference between a Forbearance Agreement and an Amendment Agreement?
A Forbearance Agreement differs significantly from an Amendment Agreement in both purpose and application. While both modify existing loan terms, they serve distinct functions in Indonesian banking practice.
- Temporary vs. Permanent: Forbearance Agreements provide temporary relief during financial hardship, while Amendment Agreements permanently modify original contract terms
- Trigger Events: Forbearance typically responds to financial distress or unexpected circumstances; Amendment Agreements often result from mutual business decisions or strategic changes
- Regulatory Oversight: Forbearance Agreements require specific OJK compliance for banking restructuring; Amendment Agreements follow general contract modification rules
- Recovery Focus: Forbearance includes specific recovery milestones and monitoring requirements; Amendment Agreements usually don't include such oversight provisions
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