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Lease Contract Guaranty
"I need a Lease Contract Guaranty for a commercial retail space in Ontario, where a parent company will guarantee the lease obligations of its subsidiary tenant, with the guarantee period starting March 1, 2025, and continuing for the full 5-year lease term."
1. Parties: Identifies all parties to the guarantee: the Guarantor, the Landlord (beneficiary of the guarantee), and reference to the Tenant
2. Background: Explains the context of the guarantee, references the underlying lease agreement, and states the purpose of the guarantee
3. Definitions: Defines key terms used throughout the guarantee agreement
4. Guarantee and Indemnity: Core section establishing the guarantee obligations and indemnification provisions
5. Scope of Guarantee: Details exactly what obligations are being guaranteed, including rent, additional charges, and other tenant obligations
6. Duration of Guarantee: Specifies how long the guarantee remains in effect and any conditions for termination
7. Guarantor's Obligations: Lists specific responsibilities and commitments of the guarantor
8. Enforcement: Explains when and how the guarantee can be enforced by the landlord
9. Preservation of Rights: Confirms that the landlord's rights against the guarantor are preserved despite any changes to the lease or concessions to the tenant
10. Representations and Warranties: Guarantor's confirmations about their capacity and authority to provide the guarantee
11. Notices: Specifies how formal communications between parties should be made
12. Governing Law: Confirms that Canadian law governs the guarantee and specifies the applicable province
13. Execution: Signature blocks and execution requirements
1. Security: Include when the guarantee is backed by specific assets or security interests
2. Step-In Rights: Include for commercial leases where the guarantor may have the right to take over the lease
3. Financial Reporting: Include when ongoing financial disclosure from the guarantor is required
4. Multiple Guarantors: Include when there is more than one guarantor to define joint and several liability
5. Guarantee Limit: Include when the guarantee is capped at a specific amount
6. Assignment and Transfer: Include when either party may need to transfer their rights under the guarantee
7. Priority and Subordination: Include when there are multiple creditors or security interests involved
1. Schedule A - Underlying Lease: Copy or key terms of the lease being guaranteed
2. Schedule B - Guaranteed Obligations: Detailed list of specific obligations covered by the guarantee
3. Schedule C - Property Details: Description of the leased property covered by the guarantee
4. Schedule D - Guarantor Information: Detailed information about the guarantor, including contact details and address for service
5. Schedule E - Financial Statements: If required, current financial information of the guarantor
6. Schedule F - Security Details: If applicable, details of any security provided to support the guarantee
Authors
Real Estate
Commercial Property
Residential Property
Retail
Industrial
Office Space
Hospitality
Healthcare
Education
Manufacturing
Warehousing
Professional Services
Legal
Real Estate
Property Management
Risk Management
Operations
Finance
Compliance
Treasury
Credit
Asset Management
Portfolio Management
Lease Administration
Property Manager
Real Estate Manager
Legal Counsel
Corporate Lawyer
Lease Administrator
Asset Manager
Risk Manager
Commercial Director
Financial Controller
Operations Manager
Real Estate Director
Compliance Officer
Treasury Manager
Credit Manager
Portfolio Manager
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