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Lease Guarantee Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Lease Guarantee Agreement

"I need a Lease Guarantee Agreement under Saudi law where ABC Bank will act as guarantor for a retail tenant leasing three floors in a Riyadh shopping mall, with the guarantee period starting from March 1, 2025, and covering rent payments of 2 million SAR annually."

Document background
The Lease Guarantee Agreement serves as a critical security instrument in Saudi Arabian real estate transactions, providing landlords with additional protection against tenant default. This document is typically required when leasing commercial properties, especially for new or unestablished tenants, or in high-value lease arrangements. The agreement must be structured in accordance with Saudi law and Sharia principles, which place specific requirements on the nature of guarantees and the obligations of the parties involved. The document details the scope of the guarantee, payment mechanisms, enforcement procedures, and the specific circumstances under which the guarantee can be called upon. Key features include provisions for both conventional and Islamic financing structures, compliance with Saudi Arabian real estate regulations, and consideration of local commercial practices.
Suggested Sections

1. Parties: Identification of all parties: Guarantor, Landlord (beneficiary), and Tenant (primary obligor)

2. Background: Context of the guarantee, reference to the main lease agreement, and purpose of the guarantee

3. Definitions: Key terms used throughout the agreement, including 'Guaranteed Obligations', 'Lease Agreement', 'Property', and 'Guarantee Period'

4. Guarantee and Indemnity: Core provisions detailing the guarantee obligations, including scope and limitations

5. Duration of Guarantee: Term of the guarantee, including start date and expiry conditions

6. Guarantor's Undertakings: Specific promises and obligations of the guarantor, including payment terms and performance requirements

7. Preservation of Rights: Landlord's rights preservation clauses and circumstances not affecting the guarantee's validity

8. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial status

9. Payment Mechanics: Process and timing for payments under the guarantee, including currency and payment method

10. Sharia Compliance: Specific provisions ensuring compliance with Islamic law principles

11. Enforcement: Mechanisms and procedures for enforcing the guarantee

12. Termination: Circumstances under which the guarantee may be terminated or released

13. Notices: Communication procedures between parties

14. Governing Law and Jurisdiction: Confirmation of Saudi law application and jurisdiction for disputes

Optional Sections

1. Multiple Properties: Additional provisions when the guarantee covers lease obligations for multiple properties

2. Corporate Guarantor Provisions: Specific provisions required when the guarantor is a corporate entity, including board approvals and authorizations

3. Bank Guarantee Provisions: Specific provisions when the guarantee is provided by a banking institution

4. Cross-Default: Provisions linking the guarantee to other agreements between the parties

5. Security: Additional security provisions when the guarantee is secured by specific assets

6. Step-In Rights: Provisions allowing the guarantor to take over the lease in certain circumstances

7. Currency Protection: Provisions dealing with currency fluctuations for international parties

8. Anti-Money Laundering: Additional compliance provisions for regulated entities

Suggested Schedules

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

2. Schedule 2 - The Property: Detailed description of the leased property

3. Schedule 3 - Guaranteed Obligations: Detailed list of obligations covered by the guarantee

4. Schedule 4 - Payment Schedule: If applicable, schedule of guaranteed payments

5. Schedule 5 - Forms of Notice: Standard forms for various notices under the agreement

6. Appendix A - Corporate Authorizations: Copies of relevant corporate approvals and authorizations

7. Appendix B - Demand Form: Standard form for making 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

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Relevant Industries

Real Estate

Banking & Financial Services

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Relevant Teams

Legal

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Treasury

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Commercial

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Relevant Roles

Real Estate Manager

Legal Counsel

Commercial Director

Chief Financial Officer

Property Manager

Risk Manager

Compliance Officer

Treasury Manager

Facilities Manager

Contract Administrator

Corporate Counsel

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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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