The Repayment Agreement is typically used when formalizing arrangements for the repayment of an existing debt under Swiss law. This document becomes necessary in various scenarios, such as restructuring existing loans, consolidating multiple debts, or establishing payment plans for outstanding obligations. The agreement must comply with Swiss federal legislation, particularly the Code of Obligations (OR) and, where applicable, the Federal Act on Consumer Credit (KKG). It includes essential elements such as the acknowledged debt amount, repayment schedule, interest calculations, and consequences of default. This type of agreement is particularly important in Switzerland's financial landscape, where clear documentation of debt obligations is crucial for both legal certainty and potential enforcement proceedings.
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1. Parties: Identification and details of the creditor and debtor
2. Background: Context of the debt, including origin and circumstances leading to this agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Acknowledgment of Debt: Clear statement of the outstanding amount and debtor's acknowledgment
5. Repayment Terms: Detailed payment schedule, amounts, and payment methods
6. Interest: Interest rate, calculation method, and payment terms
7. Payment Mechanics: Specific details about how and where payments should be made
8. Default Provisions: Consequences of missed payments and default procedures
9. Representations and Warranties: Basic declarations by the debtor regarding their ability to repay
10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
11. Notices: How formal communications between parties should be made
12. Signature Page: Execution blocks for all parties
1. Security: Details of any collateral or security provided for the debt
2. Guarantor Provisions: Terms applicable when a third party guarantees the debt
3. Early Repayment: Terms for early repayment options and any associated penalties or benefits
4. Insurance Requirements: Any mandatory insurance to be maintained by the debtor
5. Financial Covenants: Additional financial obligations or restrictions on the debtor
6. Assignment and Transfer: Rights to assign or transfer the debt obligations
7. Force Majeure: Provisions for unforeseen circumstances affecting repayment ability
8. Debt Restructuring Options: Pre-agreed terms for potential future restructuring
9. Tax Provisions: Allocation of tax responsibilities related to the repayment
1. Repayment Schedule: Detailed schedule showing payment dates, amounts, and running balance
2. Original Debt Documentation: Copy or summary of the original agreement or circumstances creating the debt
3. Security Details: Detailed description of any security or collateral provided
4. Payment History: Record of payments made prior to this agreement
5. Contact Details: Comprehensive contact information for all relevant parties
6. Bank Account Details: Banking information for making payments
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