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Guaranty Of Lease Agreement Template for Nigeria

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Key Requirements PROMPT example:

Guaranty Of Lease Agreement

"I need a Guaranty of Lease Agreement for a commercial property in Lagos, Nigeria, where a parent company will act as guarantor for its subsidiary's 5-year lease starting March 2025, with specific provisions for step-in rights if the subsidiary defaults."

Document background
The Guaranty of Lease Agreement is a crucial document in Nigerian property transactions, commonly used when landlords require additional security beyond the tenant's covenant. This document becomes particularly important in commercial leases, high-value residential properties, or situations where the tenant's financial standing alone may not satisfy the landlord's requirements. The agreement details the scope of the guarantee, the triggering events for the guarantor's obligations, and the extent of the guarantor's liability. It must comply with Nigerian federal and state property laws, contract law principles, and local tenancy regulations. The document typically includes specific provisions about enforcement, duration of the guarantee, and the process for making claims against the guarantor. This type of agreement is essential for risk management in lease arrangements and provides landlords with an additional layer of security while facilitating lease transactions that might otherwise not proceed.
Suggested Sections

1. Parties: Identifies and provides full details of the Landlord (Beneficiary), Tenant (Principal Debtor), and Guarantor

2. Background: Explains the context of the guarantee, referring to the main lease agreement and the requirement for a guarantor

3. Definitions: Defines key terms used throughout the agreement, including 'Guaranteed Obligations', 'Lease Agreement', 'Term', and 'Premises'

4. Consideration: States the consideration for the guarantee, typically the landlord's agreement to enter into the lease with the tenant

5. Guarantee and Indemnity: Core section detailing the guarantor's obligations and the scope of the guarantee

6. Duration of Guarantee: Specifies how long the guarantee remains in effect and any conditions for termination

7. Nature of Guarantor's Liability: Explains whether the liability is joint and several, and the extent of the guarantor's obligations

8. Preservation of Guarantee: Circumstances under which the guarantee remains valid despite changes to the lease or tenant's circumstances

9. Guarantor's Representations and Warranties: Statements about the guarantor's capacity and authority to enter into the guarantee

10. Landlord's Rights and Remedies: Details the actions the landlord can take to enforce the guarantee

11. Notices: Specifies how and where formal notices should be served between parties

12. Governing Law and Jurisdiction: Confirms Nigerian law applies and specifies jurisdiction for disputes

Optional Sections

1. Step-In Rights: Optional section giving the guarantor the right to take over the lease if the tenant defaults - typically included for commercial leases

2. Maximum Liability Cap: Optional section limiting the guarantor's total liability - included when negotiated by the guarantor

3. Independent Legal Advice: Declaration that the guarantor has received independent legal advice - recommended for individual guarantors

4. Corporate Authority: Additional provisions required when the guarantor is a company, including board resolutions

5. Assignment and Transfer: Provisions regarding the transfer of guarantee rights - included for longer-term or commercial leases

6. Guarantee Release Conditions: Specific conditions under which the guarantor may be released - included when specifically negotiated

Suggested Schedules

1. Schedule 1 - Principal Lease: 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: Full description of the leased premises

4. Appendix A - Corporate Authorization: If guarantor is a company, includes board resolutions and corporate authorizations

5. Appendix B - Independent Legal Advice Certificate: Certificate from lawyer confirming independent legal advice given to guarantor

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



































Clauses






























Relevant Industries

Real Estate

Commercial Property

Residential Property

Retail

Office Space

Industrial

Hospitality

Healthcare

Education

Banking and Financial Services

Professional Services

Relevant Teams

Legal

Real Estate

Facilities Management

Risk Management

Operations

Finance

Compliance

Property Administration

Corporate Services

Commercial

Relevant Roles

Property Manager

Real Estate Manager

Legal Counsel

Corporate Lawyer

Lease Administrator

Facilities Manager

Risk Manager

Commercial Director

Chief Financial Officer

Operations Manager

Asset Manager

Property Administrator

Compliance Officer

Company Secretary

Real Estate Director

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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