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Authorised Guarantee Agreement
"I need an Authorised Guarantee Agreement under Belgian law for our retail chain's assignment of a shopping center lease in Brussels, where we (as original tenant) will guarantee the new tenant's obligations for a maximum period of 3 years from March 2025."
1. Parties: Identification of all parties: Guarantor, Beneficiary, and details of the Original Tenant whose obligations are being guaranteed
2. Background: Context of the guarantee, including details of the original lease, the assignment, and the requirement for the guarantee
3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including specific Belgian law terminology
4. Guarantee and Indemnity: Core guarantee obligations, scope of the guarantee, and indemnification provisions
5. Duration and Extent of Liability: Time period of the guarantee and specific limitations on the guarantor's liability
6. Payment Obligations: Specific payment terms, timing, and mechanism for payments under the guarantee
7. Enforcement and Remedies: Rights of the beneficiary to enforce the guarantee and available remedies
8. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial status
9. Tax Provisions: Treatment of tax implications and responsibilities for tax payments
10. Notices: Communication requirements and contact details for formal notices
11. Governing Law and Jurisdiction: Confirmation of Belgian law governance and jurisdiction for disputes
1. Security Provisions: Additional security measures if required, such as bank guarantees or charges over assets
2. Step-In Rights: Optional provisions allowing the guarantor to take over the lease in specific circumstances
3. Corporate Authorizations: Required for corporate guarantors, detailing internal approvals and authority
4. Currency Provisions: Required when payments might be made in multiple currencies
5. Assignment and Transfer: If transfer of guarantee rights or obligations might be permitted
6. Data Protection: Required when personal data processing is involved
7. Force Majeure: Optional provisions for extraordinary circumstances affecting guarantee obligations
8. Language Provisions: Required for multilingual agreements or when official translations are needed
1. Original Lease Details: Copy or summary of the relevant lease terms being guaranteed
2. Form of Demand: Template for making demands under the guarantee
3. Corporate Authorities: Copies of relevant corporate approvals and authorizations
4. Payment Details: Bank account and payment processing information
5. Guaranteed Obligations: Detailed list of specific obligations covered by the guarantee
6. Notice Details: Comprehensive contact information for all parties
Authors
Commercial Real Estate
Retail
Hospitality
Office Space Management
Industrial and Warehousing
Shopping Centers
Banking and Financial Services
Professional Services
Manufacturing
Logistics and Distribution
Legal
Real Estate
Finance
Risk Management
Operations
Treasury
Corporate Affairs
Facilities Management
Commercial
Property Management
Real Estate Manager
Legal Counsel
Commercial Property Director
Asset Manager
Lease Administrator
Risk Manager
Corporate Counsel
Property Portfolio Manager
Facilities Manager
Commercial Director
Chief Financial Officer
Operations Director
Treasury Manager
Contract Manager
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