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SAMPLE WAIVER OF LOAN DEFAULT

This waiver of loan default is between , an individuala(n)   (the "Lender") and , an individuala(n)  (the "Borrower").

The Lender and the Borrower are parties to a loan agreement dated (the "Loan Agreement"), a copy of which is attached as Exhibit A.

Under the Loan Agreement, the Lender provided a loan of $ to the Borrower.

The Borrower has defaulted under the terms of the Loan Agreement (the "Default") by , and has asked that the Lender waive the Default. The Lender has agreed to do this.

The parties therefore agree as follows:

1. WAIVER.

The Lender hereby irrevocably waives the Default as of the Effective Date. This waiver is made in reliance on, and is subject to, the Borrower's representations in section 2 below being accurate as of the effective date (as described in section 9).

2. BORROWER'S REPRESENTATIONS.

As of the effective date of this waiver (as described in section 9), the Borrower represents as follows:

  • (a) after giving effect to this waiver, each of the representations contained in section of the Loan Agreement is true in all material respects;
  • (b) except for the Default, no default or event of default has occurred and is continuing;
  • (c) no default or event of default will result from the effectiveness of this waiver or any transaction contemplated under it;
  • (d) no material adverse change has occurred since the date of the borrowing; and
  • (e) no authorization or approval or other action by, and no notice to or filing with, any governmental authority or regulatory body or other third party is required for the Borrower's due execution and delivery of this waiver.

3. NO GENERAL WAIVER.

This waiver is not a waiver of:

  • (a) any breach by the Borrower of the Loan Agreement; or
  • (b) any right to terminate the Loan Agreement, except as a result of the Default.

4. INCONSISTENCY.

If there is a conflict between this waiver and the Loan Agreement, the terms of this waiver will control.

5. CONTINUATION OF AGREEMENT.

Except as expressly amended and supplemented by this waiver, the Loan Agreement remains effective and the parties hereby ratify and confirm the terms of the Loan Agreement.

6. AMENDMENTS.

No amendment to this waiver will be effective unless it is in writing and signed by both parties.

7. COUNTERPARTS; ELECTRONIC SIGNATURES.

  • (a) Counterparts. The parties may execute this waiver in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
  • (b) Electronic Signatures. This waiver, agreements ancillary to this waiver, and related documents entered into in connection with this waiver are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

8. HEADINGS.

The descriptive headings of the sections and subsections of this waiver are for convenience only, and do not affect this waiver's construction or interpretation.

9. EFFECTIVENESS.

This waiver will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this agreement.

Each party is signing this waiver on the date stated opposite that party's signature.
Date: _____________________________ By: _________________________________________________________
Name: 
Title: 




Date: _____________________________ By: _________________________________________________________
Name: 
Title: 

[PAGE BREAK HERE]

EXHIBIT A
Attach copy of loan agreement

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Here's the info you'll need to have handy to complete your doc:

  • Who the lender is

    Have their name and contact info handy.
     

  • Who the borrower is

    Have their info ready, too.

What's a waiver of loan default?

Despite our best efforts to prevent it, sometimes a borrower defaults on their loan. If this happens, it's important to take the right steps to move forward. If you want to continue your lending agreement, a waiver of loan default is a great place to start, clearing a path to a solution and a profitable future.

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Sample waiver of loan default

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This waiver of loan default is between , an individuala(n)   (the "Lender") and , an individuala(n)  (the "Borrower").

The Lender and the Borrower are parties to a loan agreement dated (the "Loan Agreement"), a copy of which is attached as Exhibit A.

Under the Loan Agreement, the Lender provided a loan of $ to the Borrower.

The Borrower has defaulted under the terms of the Loan Agreement (the "Default") by , and has asked that the Lender waive the Default. The Lender has agreed to do this.

The parties therefore agree as follows:

1. WAIVER.

The Lender hereby irrevocably waives the Default as of the Effective Date. This waiver is made in reliance on, and is subject to, the Borrower's representations in section 2 below being accurate as of the effective date (as described in section 9).

2. BORROWER'S REPRESENTATIONS.

As of the effective date of this waiver (as described in section 9), the Borrower represents as follows:

  • (a) after giving effect to this waiver, each of the representations contained in section of the Loan Agreement is true in all material respects;
  • (b) except for the Default, no default or event of default has occurred and is continuing;
  • (c) no default or event of default will result from the effectiveness of this waiver or any transaction contemplated under it;
  • (d) no material adverse change has occurred since the date of the borrowing; and
  • (e) no authorization or approval or other action by, and no notice to or filing with, any governmental authority or regulatory body or other third party is required for the Borrower's due execution and delivery of this waiver.

3. NO GENERAL WAIVER.

This waiver is not a waiver of:

  • (a) any breach by the Borrower of the Loan Agreement; or
  • (b) any right to terminate the Loan Agreement, except as a result of the Default.

4. INCONSISTENCY.

If there is a conflict between this waiver and the Loan Agreement, the terms of this waiver will control.

5. CONTINUATION OF AGREEMENT.

Except as expressly amended and supplemented by this waiver, the Loan Agreement remains effective and the parties hereby ratify and confirm the terms of the Loan Agreement.

6. AMENDMENTS.

No amendment to this waiver will be effective unless it is in writing and signed by both parties.

7. COUNTERPARTS; ELECTRONIC SIGNATURES.

  • (a) Counterparts. The parties may execute this waiver in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
  • (b) Electronic Signatures. This waiver, agreements ancillary to this waiver, and related documents entered into in connection with this waiver are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

8. HEADINGS.

The descriptive headings of the sections and subsections of this waiver are for convenience only, and do not affect this waiver's construction or interpretation.

9. EFFECTIVENESS.

This waiver will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this agreement.

Each party is signing this waiver on the date stated opposite that party's signature.
Date: _____________________________ By: _________________________________________________________
Name: 
Title: 




Date: _____________________________ By: _________________________________________________________
Name: 
Title: 

[PAGE BREAK HERE]

EXHIBIT A
Attach copy of loan agreement