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Lease Guaranty
"I need a Lease Guaranty agreement for my commercial property in Cape Town, where a parent company will guarantee a 5-year lease starting March 2025 for their subsidiary, with a specific liability cap of R5 million."
1. Parties: Identification of the Guarantor, Landlord (beneficiary of the guarantee), and Tenant (primary debtor)
2. Background: Context of the guarantee, including reference to the primary lease agreement and the reason for the guarantee
3. Definitions: Definitions of key terms used in the agreement, including 'Lease Agreement', 'Guaranteed Obligations', and 'Guarantee Period'
4. Guarantee: The core guarantee provision, including the scope and extent of the guarantor's liability
5. Nature of Guarantee: Specification that this is a continuing, unconditional and irrevocable guarantee
6. Duration: Term of the guarantee, including start date and conditions for termination
7. Guarantor's Obligations: Detailed description of what the guarantor is liable for, including rent, damages, and other costs
8. Enforcement: Circumstances under which the guarantee can be enforced and the process for doing so
9. Preservation of Rights: Landlord's rights in relation to other securities or guarantees
10. Costs and Interest: Responsibility for legal costs and interest on overdue amounts
11. Notices: Process and requirements for serving notices under the guarantee
12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
13. Execution: Signature blocks and execution requirements
1. Multiple Guarantors: Section dealing with joint and several liability when there is more than one guarantor
2. Corporate Guarantor Provisions: Additional provisions required when the guarantor is a company, including warranties of authority and financial condition
3. Limit of Liability: Optional cap on the guarantor's total liability, if agreed between the parties
4. Security Provisions: Additional security measures such as cession of claims or pledge of assets
5. Step-In Rights: Provisions allowing the guarantor to take over the lease in case of tenant default
6. Financial Reporting: Requirements for regular financial updates from the guarantor, typically used for corporate guarantors
7. Release Conditions: Specific conditions under which the guarantor may be released from obligations
1. Schedule 1 - Primary Lease Agreement: Copy or key details of the lease agreement being guaranteed
2. Schedule 2 - Guaranteed Obligations: Detailed list of all obligations covered by the guarantee
3. Schedule 3 - Property Details: Description of the leased property
4. Appendix A - Guarantor's Details: Full details of the guarantor including financial information where relevant
5. Appendix B - Enforcement Procedures: Detailed procedures for enforcing the guarantee
Authors
Real Estate
Commercial Property
Residential Property
Retail
Industrial
Office Space
Hospitality
Manufacturing
Warehousing
Professional Services
Legal
Real Estate
Property Management
Risk Management
Operations
Finance
Compliance
Contract Administration
Facilities Management
Asset Management
Property Manager
Legal Counsel
Real Estate Manager
Commercial Director
Lease Administrator
Risk Manager
Financial Controller
Operations Manager
Company Secretary
Compliance Officer
Contract Manager
Facilities Manager
Asset Manager
Property Portfolio Manager
Real Estate Attorney
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Lease Guaranty
A South African law-governed agreement where a guarantor assumes responsibility for a tenant's lease obligations, providing security for the landlord.
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A South African law-governed agreement establishing guarantee and indemnity obligations of a guarantor in respect of a principal debtor's obligations to a beneficiary.
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