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Non Forbearance Agreement

It should be understood that the type of obtained is granted on the basis of the individual circumstances of the client. For example, in the event of short-term financial difficulties, borrowers would be more likely to be authorized by a full (short-term) moratorium or negative amortization transaction than clients in long-term financial difficulties, for which the lender would attempt at any time to ensure that the balance of capital continues to be reduced (through an amortization agreement). Negative leniency agreements can only be considered short-term transactions to the extent that non-payment of interest in a timely manner and/or on the entire credit balance is effectively an additional loan. It is important to note that, depending on the parameters of the agreement, consumers may be held fully responsible for the payment of the full amount owed depending on the duration of the leniency. [2] You must ask the lender that holds your credit if it can be subject to leniency. Not only is it important that the leniency agreement recognizes the validity and applicability of the lender`s security by the debtors, but it could also be the lender`s last opportunity to remedy any defects in its position. Before the negotiations on the terms of leniency, the lender should have had its credit and security documents reviewed by legal advisors and be aware of any gaping deficiencies in its position – be it the failure to provide the guarantees and other documents provided in the credit contract, the identification of unregistered or un-perfected security interests, or the painful realization that there are not enough feasible guarantees to cover the whole of the facility. Since the debtor needs time or other housing, the lender should have the leverage to impose the necessary compliance to remedy any technical defects. What does the lender not want to do during the leniency period? Is it simply not to enforce the guarantee against the debtor, as long as the conditions of leniency are respected? Does the lender also agree to guarantee third-party guarantees or other guarantees? Does this include judicial or civil enforcement? Does the agreement mean that there are no claims and that the 10-day legal disclosure of the intention to impose security under Section 244 of the R.S.C Act on Bankruptcy and Insolvency?