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Lease Guaranty Agreement
"I need a Lease Guaranty Agreement under Malaysian law for a commercial property in Kuala Lumpur, where a parent company will act as guarantor for its subsidiary's 5-year office lease starting March 2025, with specific provisions for financial covenants and quarterly reporting requirements."
1. Parties: Identifies the Landlord (beneficiary of the guarantee), Tenant (primary debtor), and Guarantor
2. Background: Sets out the context of the guarantee, including details of the underlying lease agreement and the purpose of the guarantee
3. Definitions: Defines key terms used throughout the agreement including 'Guaranteed Obligations', 'Lease', and 'Term'
4. Guarantee and Indemnity: Core section detailing the scope of the guarantee and indemnity obligations
5. Duration of Guarantee: Specifies the time period for which the guarantee remains valid and enforceable
6. Nature of Guarantee: Establishes that the guarantee is continuing, irrevocable, and unconditional
7. Guarantor's Obligations: Details specific obligations and responsibilities of the guarantor
8. Preservation of Rights: Protects the landlord's rights in various circumstances including tenant's insolvency
9. Representations and Warranties: Guarantor's confirmations regarding their capacity and authority to enter into the guarantee
10. Notices: Specifies how formal communications between parties should be made
11. Governing Law and Jurisdiction: Confirms Malaysian law as governing law and specifies jurisdiction for disputes
1. Corporate Guarantor Provisions: Additional provisions specific to corporate guarantors, including board resolutions and financial covenants
2. Joint and Several Liability: Required when there are multiple guarantors to establish their joint and several liability
3. Security Provisions: When additional security is provided alongside the guarantee
4. Assignment and Transfer: Provisions regarding the ability to assign or transfer rights under the guarantee
5. Costs and Expenses: Detailed provisions about who bears the costs of preparing and enforcing the guarantee
6. Limitation of Liability: Where parties agree to cap the guarantor's liability or exclude certain obligations
1. Schedule 1 - The Lease: Copy or key details of the underlying lease agreement
2. Schedule 2 - Guaranteed Obligations: Detailed list of the specific obligations being guaranteed
3. Schedule 3 - Form of Demand: Template for making formal demands under the guarantee
4. Appendix A - Corporate Authority Documents: Where applicable, corporate resolutions and authorizations for corporate guarantors
Authors
Real Estate
Commercial Property
Residential Property
Retail
Office Space
Industrial
Hospitality
Manufacturing
Warehousing
Education
Legal
Real Estate
Property Management
Operations
Risk Management
Compliance
Commercial
Facilities Management
Corporate Services
Administration
Property Manager
Legal Counsel
Real Estate Manager
Leasing Manager
Contract Administrator
Risk Manager
Compliance Officer
Commercial Director
Property Development Manager
Asset Manager
Facilities Manager
Real Estate Attorney
Company Secretary
Operations Manager
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