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Lease Guaranty
"I need a Lease Guaranty agreement for a commercial retail space where a parent company will guarantee a subsidiary's lease obligations, with specific provisions for step-in rights if the subsidiary defaults on its monthly rent payments of PHP 250,000."
1. Parties: Identifies and provides full details of all parties: Lessor (landlord), Lessee (tenant), and Guarantor
2. Background: Describes the context of the guaranty, including reference to the main lease agreement and the reason for requiring a guarantor
3. Definitions: Defines key terms used throughout the agreement, including 'Guaranteed Obligations', 'Lease Agreement', and other relevant terms
4. Guarantee and Indemnity: Core section detailing the scope of the guarantor's obligations and indemnification commitments
5. Nature of Guarantee: Specifies whether the guarantee is continuing, irrevocable, and/or unconditional
6. Guarantor's Representations and Warranties: Statements confirming the guarantor's capacity and authority to enter into the agreement
7. Duration of Guarantee: Specifies the term of the guarantee and any conditions for its termination
8. Payment Obligations: Details the guarantor's payment obligations and procedures
9. Enforcement: Procedures for enforcing the guarantee and claiming against the guarantor
10. Notices: Specifies how and where formal notices should be delivered to all parties
11. Governing Law and Jurisdiction: Confirms Philippine law as governing law and specifies jurisdiction for disputes
1. Security: Include when the guarantor is providing additional security for their obligations
2. Multiple Guarantors: Include when there is more than one guarantor, defining joint and several liability
3. Corporate Guarantor Provisions: Include when the guarantor is a corporation, with specific corporate representations and warranties
4. Guarantee Limitations: Include when there are specific caps or limitations on the guarantor's liability
5. Assignment and Transfer: Include when either party may need to assign their rights under the guarantee
1. Schedule 1 - The Lease: Copy or key terms of the underlying lease agreement being guaranteed
2. Schedule 2 - Guaranteed Obligations: Detailed list of all obligations covered by the guarantee
3. Schedule 3 - Guarantor Information: Detailed information about the guarantor including financial status and contact details
4. Appendix A - Form of Demand: Template for making a formal demand under the guarantee
Authors
Real Estate
Commercial Property
Retail
Industrial
Office Space
Residential Property
Shopping Centers
Warehousing
Manufacturing
Hospitality
Legal
Real Estate
Property Management
Finance
Risk Management
Operations
Facilities Management
Commercial Operations
Corporate Services
Compliance
Real Estate Manager
Property Manager
Legal Counsel
Corporate Lawyer
Leasing Manager
Asset Manager
Chief Financial Officer
Risk Manager
Commercial Director
Facilities Manager
Contract Administrator
Company Secretary
Property Development Manager
Tenant Relations Manager
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