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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."
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
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
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
Real Estate
Commercial Property
Residential Property
Retail
Office Space
Industrial
Hospitality
Healthcare
Education
Banking and Financial Services
Professional Services
Legal
Real Estate
Facilities Management
Risk Management
Operations
Finance
Compliance
Property Administration
Corporate Services
Commercial
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
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