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Lease Guaranty Template for Philippines

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Key Requirements PROMPT example:

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."

Document background
The Lease Guaranty agreement is a crucial document in Philippine real estate transactions, commonly used when a landlord requires additional security beyond the primary tenant's covenant. This document is particularly relevant when leasing to new businesses, companies with limited trading history, or individuals with insufficient credit standing. The Lease Guaranty, governed by Philippine law, creates a legally binding commitment from a third party (typically a parent company, business owner, or financially stable individual) to step in and fulfill all lease obligations if the original tenant defaults. The agreement must be structured in compliance with the Civil Code of the Philippines and related property laws, typically requiring notarization for enforceability. It includes detailed provisions about the scope of guaranteed obligations, enforcement procedures, and the guarantor's rights and obligations.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ 抖阴短视频 | 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

Retail

Industrial

Office Space

Residential Property

Shopping Centers

Warehousing

Manufacturing

Hospitality

Relevant Teams

Legal

Real Estate

Property Management

Finance

Risk Management

Operations

Facilities Management

Commercial Operations

Corporate Services

Compliance

Relevant Roles

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

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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