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Guaranty Of Lease Agreement Template for Philippines

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Key Requirements PROMPT example:

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."

Document background
The Guaranty of Lease Agreement is a crucial document in Philippine real estate transactions, commonly used when property owners require additional security beyond the primary tenant's commitments. This document becomes particularly relevant in commercial leases, corporate tenancies, or situations where the primary tenant may have limited credit history or financial capacity. The agreement must comply with Philippine Civil Code requirements for both guaranty and lease contracts, establishing clear terms for when and how the guarantor's obligations are triggered. The document typically includes detailed provisions about the scope of the guarantee, payment terms, enforcement mechanisms, and the specific obligations being guaranteed. It's essential for risk management in leasing transactions and provides landlords with an additional layer of security while facilitating lease agreements that might otherwise be considered too risky.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

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

Relevant legal definitions
Clauses






























Relevant Industries

Real Estate

Commercial Property

Residential Property

Retail

Office Space

Industrial

Hospitality

Education

Healthcare

Banking and Finance

Legal Services

Relevant Teams

Legal

Real Estate

Property Management

Risk Management

Compliance

Finance

Operations

Facilities Management

Contract Administration

Asset Management

Relevant Roles

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

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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