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Current economic and credit market conditions have created for both lenders and borrowers a difficult environment in which to work out the many loan agreements that are or soon will be in material default. Few options are available to borrowers to refinance their troubled loans, while lenders often find that foreclosure on collateral generates recoveries far below the amount of the outstanding secured debt. One tool that can be useful to both sides under these circumstances is a forbearance agreement. Today, we discuss some central concerns the parties should address in their forbearance arrangements.

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