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Guaranty Of Lease Agreement
"I need a Guaranty of Lease Agreement for a commercial office space in Makati City, Philippines, where a parent company will act as guarantor for its subsidiary's 5-year lease starting March 2025, with the guarantee covering both rent and potential property damages."
1. Parties: Identifies and provides full details of the Lessor, Lessee, and Guarantor
2. Background: Explains the context of the guarantee, referencing the main lease agreement and the reason for the guarantee
3. Definitions: Defines key terms used throughout the agreement, including references to the main lease agreement
4. Scope of Guarantee: Clearly outlines what obligations of the Lessee are being guaranteed and the extent of the Guarantor's liability
5. Duration of Guarantee: Specifies the term of the guarantee, including when it begins and ends
6. Guarantor's Obligations: Details the specific obligations and responsibilities of the Guarantor
7. Enforcement: Explains when and how the guarantee can be enforced by the Lessor
8. Payment Terms: Specifies how and when the Guarantor must make payments upon default by the Lessee
9. Representations and Warranties: Statements by the Guarantor about their capacity and authority to enter into the guarantee
10. Notices: Specifies how formal communications between parties should be made and delivered
11. Governing Law: Confirms that Philippine law governs the agreement and specifies jurisdiction for disputes
12. Execution: Signature blocks and execution formalities
1. Joint and Several Liability: Required when there are multiple guarantors who will be jointly and severally liable
2. Limit of Liability: Include when the Guarantor's liability is to be capped at a specific amount
3. Corporate Authority: Required when the Guarantor is a corporation, including board resolutions and authorizations
4. Assignment: Include if the parties wish to address whether the guarantee can be assigned to other parties
5. Step-In Rights: Optional provision allowing the Guarantor to take over the lease in case of Lessee default
6. Recourse and Subrogation: Details the Guarantor's rights of recourse against the Lessee after paying under the guarantee
7. Early Termination: Include if there are specific circumstances under which the guarantee can be terminated early
1. Schedule 1 - Primary Lease Agreement: Copy or key terms of the main lease agreement being guaranteed
2. Schedule 2 - Guaranteed Obligations: Detailed list of the specific obligations being guaranteed
3. Schedule 3 - Property Details: Description and details of the leased property
4. Appendix A - Corporate Documents: If applicable, corporate authorizations and resolutions for corporate guarantors
5. Appendix B - Payment Schedule: If applicable, schedule of guaranteed lease payments
6. Appendix C - Form of Demand: Template for making formal demands under the guarantee
Authors
Real Estate
Commercial Property
Residential Property
Retail
Office Space
Industrial
Hospitality
Education
Healthcare
Banking and Finance
Legal Services
Legal
Real Estate
Property Management
Risk Management
Compliance
Finance
Operations
Facilities Management
Contract Administration
Asset Management
Real Estate Manager
Property Manager
Legal Counsel
Corporate Lawyer
Lease Administrator
Risk Manager
Commercial Director
Chief Financial Officer
Compliance Officer
Real Estate Director
Asset Manager
Facilities Manager
Contract Manager
Property Development Manager
Leasing Agent
Real Estate Broker
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