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Lease Guaranty Form Template for Netherlands

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Key Requirements PROMPT example:

Lease Guaranty Form

"I need a Lease Guaranty Form under Dutch law for a corporate parent company guarantee, where the parent company will guarantee a 5-year commercial office lease starting March 1, 2025, with a maximum liability cap of €500,000."

Document background
The Lease Guaranty Form is a critical document used in Dutch lease transactions where additional security is required beyond the basic lease agreement. This document is typically employed when a lessor requires extra assurance of payment and performance from a third party (guarantor) regarding a lessee's obligations. The guarantee may be provided by a bank, corporate entity, or individual, depending on the circumstances and requirements of the transaction. The form must comply with Dutch Civil Code provisions regarding both lease and guarantee agreements, particularly Books 6 and 7. It is commonly used in commercial real estate transactions, corporate leasing arrangements, and situations where the lessee's financial standing alone may not satisfy the lessor's requirements. The document includes detailed provisions about the scope of the guarantee, enforcement mechanisms, and the specific obligations being guaranteed.
Suggested Sections

1. Parties: Identification of all parties: Lessor (beneficiary), Lessee (primary debtor), and Guarantor

2. Background: Context of the guarantee, including reference to the underlying lease agreement

3. Definitions: Definitions of key terms used in the guarantee agreement

4. Scope of Guarantee: Detailed description of the obligations being guaranteed, including maximum amount if applicable

5. Terms of Guarantee: Conditions under which the guarantee can be called upon and the process for making a claim

6. Duration: Term of the guarantee, including start date and expiry conditions

7. Guarantor's Obligations: Specific obligations and undertakings of the guarantor

8. Payment Terms: Terms and conditions for payment under the guarantee, including timing and method

9. Enforcement: Procedures and conditions for enforcing the guarantee

10. Notices: Requirements for formal communications between parties

11. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction

Optional Sections

1. Multiple Guarantors: Additional provisions when there is more than one guarantor, including joint and several liability

2. Corporate Authority: Specific provisions required when the guarantor is a corporate entity, including representations about authority to provide the guarantee

3. Financial Covenants: Additional financial requirements for corporate guarantors to maintain certain financial metrics

4. Security: Additional provisions when the guarantee is secured by specific assets

5. Assignment: Provisions regarding the ability to assign or transfer the guarantee rights

6. Counter-Indemnity: Provisions for the lessee to indemnify the guarantor for amounts paid under the guarantee

7. Step-In Rights: Rights of the guarantor to take over the lease in case of lessee default

Suggested Schedules

1. Schedule 1 - Underlying Lease Agreement: Copy or key terms of the lease agreement being guaranteed

2. Schedule 2 - Guarantee Amount: Detailed breakdown of the guaranteed amounts and any caps or limitations

3. Schedule 3 - Claim Procedure: Detailed procedure for making claims under the guarantee

4. Schedule 4 - Required Notices: Forms of notices required for various communications under the guarantee

5. Appendix A - Corporate Authorization: Corporate resolutions or powers of attorney authorizing the guarantee (if applicable)

6. Appendix B - Financial Statements: Recent financial statements of the guarantor (if required)

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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

Real Estate

Commercial Property

Retail

Industrial

Office Space

Residential Property

Banking & Financial Services

Hospitality

Manufacturing

Logistics & Warehousing

Relevant Teams

Legal

Real Estate

Finance

Risk Management

Treasury

Compliance

Property Management

Asset Management

Contract Administration

Corporate Secretariat

Relevant Roles

Legal Counsel

Real Estate Manager

Property Manager

Commercial Director

Financial Controller

Risk Manager

Lease Administrator

Asset Manager

Portfolio Manager

Treasury Manager

Compliance Officer

Contract Manager

Corporate Secretary

Chief Financial Officer

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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