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Landlord Waiver Template for India

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Key Requirements PROMPT example:

Landlord Waiver

"I need a Landlord Waiver for my manufacturing business in Mumbai, where a bank will take security over machinery and equipment worth Rs. 2 crore, with the agreement to be effective from March 1, 2025."

Document background
The Landlord Waiver is essential in commercial financing transactions where a tenant seeks to use their equipment, inventory, or other movable assets as collateral for loans while operating from leased premises. This document becomes necessary because Indian law grants landlords certain rights and liens over property located on their premises, which could conflict with a lender's security interests. The waiver addresses this potential conflict by having the landlord subordinate their rights and grant the lender access to the premises to protect their collateral. The document typically includes details about the lease, the collateral, access periods, and notice requirements. It's particularly important in the Indian context where the SARFAESI Act gives secured creditors specific enforcement rights, and the agreement helps ensure these rights can be exercised effectively while respecting property law requirements.
Suggested Sections

1. Parties: Identifies the landlord, tenant, and lender as parties to the agreement

2. Background: Recitals explaining the lease arrangement, lender's security interest, and purpose of the waiver

3. Definitions: Defines key terms including Premises, Collateral, Lease, Security Agreement, and Access Period

4. Acknowledgment of Security Interest: Landlord's acknowledgment of lender's security interest in tenant's property

5. Landlord's Waiver: Waiver of landlord's liens and claims to tenant's personal property/collateral

6. Access Rights: Lender's rights to enter premises to inspect or remove collateral

7. Priority of Interests: Establishes priority between landlord's and lender's interests

8. Term and Termination: Duration of the waiver agreement and circumstances for termination

9. Governing Law: Specifies Indian law as governing law and jurisdiction

10. Execution: Signature blocks for all parties

Optional Sections

1. Notice Requirements: Details requirements for notices between parties, particularly regarding lease defaults or termination

2. Insurance: Provisions regarding insurance of collateral and premises during access period

3. Assignment: Provisions regarding ability to assign rights under the waiver agreement

4. Costs and Expenses: Allocation of costs related to access and removal of collateral

5. Representations and Warranties: Additional representations about lease status, authority, and collateral

6. Indemnification: Provisions for indemnifying landlord during lender's access period

Suggested Schedules

1. Schedule A - Description of Premises: Legal description of the leased premises

2. Schedule B - Description of Collateral: Detailed list or description of tenant's property subject to lender's security interest

3. Schedule C - Copy of Lease: Attached copy of the lease agreement between landlord and tenant

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Manufacturing

Retail

Warehousing and Logistics

Industrial

Technology and IT

Healthcare

Hospitality

Agriculture

Automotive

E-commerce

Relevant Teams

Legal

Finance

Risk Management

Real Estate

Operations

Compliance

Credit

Corporate Banking

Facilities Management

Property Management

Relevant Roles

Legal Counsel

Finance Manager

Credit Risk Manager

Property Manager

Asset Manager

Commercial Lending Officer

Facility Manager

Security Trustee Officer

Real Estate Manager

Compliance Officer

Chief Financial Officer

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

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