Debt Restructuring Agreement An agreement restructuring debt, specifying new terms, interest rates, and repayment schedules for existing debt obligations.
The Parties have previously entered into certain agreements and/or arrangements wherein Debtor is indebted to Creditor for the amount specified in Schedule A (the "Debt") attached hereto and incorporated herein by reference. The Parties, desiring to set forth their agreement regarding the restructuring of the Debt, do hereby agree as follows:
2.1. Modifications to Debt Terms
a. The unpaid principal balance of the Debt shall be restructured and re-amortized over a new term of __ years (the "New Repayment Term"), commencing on the date of this Agreement, with all unpaid principal and interest due and payable in full on the last day of the New Repayment Term (“Maturity Date”).
b. The annual interest rate applicable to the Debt shall be adjusted to __% per annum (the "New Interest Rate"), calculated on the basis of a 360-day year for the actual number of days elapsed. Interest on the Debt shall be due and payable monthly in arrears, commencing on the first monthly anniversary of the date of this Agreement.
c. During the New Repayment Term, Debtor shall make monthly payments (the "Monthly Payments") consisting of principal and interest, to be applied first to the accrued and unpaid interest and then to the outstanding principal balance, with each payment due and payable on the first day of each calendar month, beginning on the first monthly anniversary of the date of this Agreement.
Debtor reserves the right to prepay the Debt, in whole or in part, without penalty or premium, at any time upon fourteen (14) days prior written notice to Creditor, provided that any prepayment shall be accompanied by accrued and unpaid interest to the date of prepayment.
All existing security interests, guarantees, and collateral securing the Debt, as well as any future security interests agreed upon by the Parties in connection with the Debt, shall continue to secure the Debt as restructured pursuant to this Agreement, unless otherwise expressly agreed in writing by the Creditor.
Each Party hereby represents and warrants to the other Party that:
5.1. Authority and Capacity
Such Party has the legal capacity, the full right, and unrestricted power and authority to enter into, execute, and deliver this Agreement, and to perform and carry out all provisions hereof without any further authorization or approval.
5.2. Binding Obligation
This Agreement, when executed and delivered by each Party, will constitute the legal, valid, and binding obligation of such Party, enforceable against such Party in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium, and similar laws affecting creditors' rights.
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of [State] without regard to conflict of laws principles.
This Agreement, together with its schedules and any other documents referenced herein, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous agreements, whether written or oral. This Agreement may not be amended or modified in any respect, except by a written agreement signed by the Parties hereto.
This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute one and the same instrument. Facsimile or electronic signatures shall be treated as original signatures for all purposes.
The outstanding principal balance of the Debt as of the date of this Agreement is [Amount], plus any accrued and unpaid interest at the rate of [Old Interest Rate] per annum from [Date of Last Payment] to the date of this Agreement.
In this Debt Restructuring Agreement, you will see the following sections:
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