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Commercial Lease Guarantor Form
"I need a Commercial Lease Guarantor Form for a multi-tenant retail space where three individual directors will act as joint guarantors for their company's lease of a shopping center unit starting March 2025."
1. Parties: Identifies all parties to the guarantee agreement: Guarantor(s), Landlord/Lessor, and Tenant/Lessee
2. Background: Sets out the context of the guarantee, including reference to the main lease agreement and the reason for requiring the guarantee
3. Definitions: Defines key terms used throughout the guarantee agreement for clarity and legal certainty
4. Guarantee and Indemnity: Core section detailing the guarantee obligations, including the scope of the guarantee and indemnity provisions
5. Duration of Guarantee: Specifies how long the guarantee remains in effect and any conditions for its termination
6. Guarantor's Obligations: Detailed list of specific obligations and responsibilities of the guarantor
7. Nature of Guarantee: Specifies that the guarantee is continuing, irrevocable, and unconditional
8. Landlord's Rights: Outlines the rights of the landlord in enforcing the guarantee
9. Costs and Expenses: Details responsibility for costs associated with the guarantee, including enforcement costs
10. Notices: Specifies how formal notices under the guarantee must be given and received
11. Governing Law: Specifies that Australian law governs the agreement and designates jurisdiction for disputes
12. Execution: Formal signing section with necessary attestation requirements
1. Joint and Several Liability: Required when there are multiple guarantors, establishing that each guarantor is liable for the full amount
2. Corporate Guarantor Provisions: Additional provisions required when the guarantor is a corporation rather than an individual
3. Financial Reporting Requirements: Optional provisions requiring guarantors to provide periodic financial information
4. Limitation of Liability: Optional cap on guarantor's liability, if agreed by the parties
5. Assignment and Transfer: Required if the guarantee can be assigned or transferred to other parties
6. Independent Legal Advice: Declaration section confirming the guarantor has received independent legal advice, recommended for additional security
7. GST Provisions: Required when GST considerations need to be explicitly addressed in the guarantee obligations
1. Schedule 1 - Lease Details: Summary of the key details of the lease being guaranteed, including parties, premises, and term
2. Schedule 2 - Guaranteed Obligations: Detailed list of the specific obligations being guaranteed under the lease
3. Schedule 3 - Guarantor Details: Personal or corporate information about the guarantor(s), including contact details and identification
4. Appendix A - Certificate of Independent Legal Advice: Pro-forma certificate to be completed by the guarantor's legal advisor
5. Appendix B - Guarantor Financial Statement: Pro-forma financial statement template for corporate guarantors
Authors
Real Estate
Retail
Commercial Property
Professional Services
Hospitality
Manufacturing
Warehousing
Healthcare
Technology
Financial Services
Legal
Property Management
Real Estate
Risk and Compliance
Operations
Finance
Asset Management
Facilities Management
Business Development
Administration
Property Manager
Commercial Lease Manager
Legal Counsel
Real Estate Agent
Commercial Property Lawyer
Risk Manager
Asset Manager
Facilities Manager
Commercial Director
Chief Financial Officer
Company Secretary
Compliance Officer
Business Development Manager
Operations Manager
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