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Lease Guaranty Agreement Template for Malaysia

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Key Requirements PROMPT example:

Lease Guaranty Agreement

"I need a Lease Guaranty Agreement under Malaysian law for a commercial property in Kuala Lumpur, where a parent company will act as guarantor for its subsidiary's 5-year office lease starting March 2025, with specific provisions for financial covenants and quarterly reporting requirements."

Document background
The Lease Guaranty Agreement is a critical document in Malaysian property transactions, commonly used when landlords require additional security beyond the tenant's covenant. This document becomes particularly relevant in commercial leases, corporate tenancies, or situations where the tenant's financial standing alone may not satisfy the landlord's requirements. The agreement, governed by Malaysian law, particularly the Contracts Act 1950 and related property legislation, establishes the guarantor's obligations to step in and fulfill the tenant's responsibilities if they default on their lease obligations. The document typically includes detailed provisions about the scope of the guarantee, enforcement procedures, and the circumstances triggering the guarantor's obligations. It serves as an essential risk management tool in property leasing, providing landlords with additional security while facilitating lease arrangements that might otherwise not be possible.
Suggested Sections

1. Parties: Identifies the Landlord (beneficiary of the guarantee), Tenant (primary debtor), and Guarantor

2. Background: Sets out the context of the guarantee, including details of the underlying lease agreement and the purpose of the guarantee

3. Definitions: Defines key terms used throughout the agreement including 'Guaranteed Obligations', 'Lease', and 'Term'

4. Guarantee and Indemnity: Core section detailing the scope of the guarantee and indemnity obligations

5. Duration of Guarantee: Specifies the time period for which the guarantee remains valid and enforceable

6. Nature of Guarantee: Establishes that the guarantee is continuing, irrevocable, and unconditional

7. Guarantor's Obligations: Details specific obligations and responsibilities of the guarantor

8. Preservation of Rights: Protects the landlord's rights in various circumstances including tenant's insolvency

9. Representations and Warranties: Guarantor's confirmations regarding their capacity and authority to enter into the guarantee

10. Notices: Specifies how formal communications between parties should be made

11. Governing Law and Jurisdiction: Confirms Malaysian law as governing law and specifies jurisdiction for disputes

Optional Sections

1. Corporate Guarantor Provisions: Additional provisions specific to corporate guarantors, including board resolutions and financial covenants

2. Joint and Several Liability: Required when there are multiple guarantors to establish their joint and several liability

3. Security Provisions: When additional security is provided alongside the guarantee

4. Assignment and Transfer: Provisions regarding the ability to assign or transfer rights under the guarantee

5. Costs and Expenses: Detailed provisions about who bears the costs of preparing and enforcing the guarantee

6. Limitation of Liability: Where parties agree to cap the guarantor's liability or exclude certain obligations

Suggested Schedules

1. Schedule 1 - The Lease: Copy or key details of the underlying lease agreement

2. Schedule 2 - Guaranteed Obligations: Detailed list of the specific obligations being guaranteed

3. Schedule 3 - Form of Demand: Template for making formal demands under the guarantee

4. Appendix A - Corporate Authority Documents: Where applicable, corporate resolutions and authorizations for corporate guarantors

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





















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Relevant Industries

Real Estate

Commercial Property

Residential Property

Retail

Office Space

Industrial

Hospitality

Manufacturing

Warehousing

Education

Relevant Teams

Legal

Real Estate

Property Management

Operations

Risk Management

Compliance

Commercial

Facilities Management

Corporate Services

Administration

Relevant Roles

Property Manager

Legal Counsel

Real Estate Manager

Leasing Manager

Contract Administrator

Risk Manager

Compliance Officer

Commercial Director

Property Development Manager

Asset Manager

Facilities Manager

Real Estate Attorney

Company Secretary

Operations Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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