The Commercial Lease Guaranty Form is an essential document in Swiss commercial real estate transactions, typically required when a landlord seeks additional security for a tenant's obligations under a commercial lease agreement. This document is particularly relevant when dealing with new businesses, companies with limited operating history, or situations where additional financial security is deemed necessary. The guarantee can be provided by various entities, including banks, corporate entities, or individuals, and must comply with Swiss law, particularly the provisions of the Swiss Code of Obligations. The document outlines the scope of guaranteed obligations, which typically include rent payments, service charges, and potential damages to the property. It includes specific enforcement mechanisms, clear conditions for calling upon the guarantee, and provisions for its termination. The form must be carefully drafted to ensure enforceability under Swiss law and to protect the interests of all parties involved.
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1. Parties: Identification of all parties: Guarantor, Landlord (beneficiary of guarantee), and Tenant (principal debtor)
2. Background: Context of the guarantee, including reference to the main lease agreement
3. Definitions: Key terms used in the guarantee agreement, including 'Guaranteed Obligations', 'Lease Agreement', 'Guarantee Period'
4. Guarantee: Core guarantee provisions, including scope, amount, and nature of the guarantee (joint and several liability or simple guarantee)
5. Term and Duration: Period of validity for the guarantee, including start date and conditions for termination
6. Guarantor's Obligations: Detailed description of what the guarantor is responsible for and conditions triggering payment
7. Enforcement: Process and conditions for calling upon the guarantee
8. Limitations: Any caps on liability and specific exclusions
9. Representations and Warranties: Guarantor's confirmations regarding capacity and authority to provide the guarantee
10. Notices: Communication procedures between parties
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
12. Execution: Signature blocks and formal execution requirements
1. Bank Guarantee Provisions: Required when the guarantee is provided by a bank instead of an individual or corporate guarantor
2. Multiple Guarantors: Required when there is more than one guarantor, defining joint and several liability
3. Security Provisions: Optional section for any additional security provided to support the guarantee
4. Step-In Rights: Optional provisions allowing guarantor to take over lease in case of tenant default
5. Assignment and Transfer: Required when guarantee needs to be transferable
6. Currency Provisions: Required for international parties or when guarantee amount is in foreign currency
7. Counter-Indemnity: Optional provisions for guarantor's right of recourse against the tenant
1. Schedule 1 - Main Lease Agreement Details: Summary of key terms from the underlying lease agreement
2. Schedule 2 - Guarantee Amount Calculation: Detailed breakdown of the guaranteed sum and any adjustment mechanisms
3. Schedule 3 - Form of Demand: Template for landlord to make a claim under the guarantee
4. Schedule 4 - Required Documents: List of documents needed for guarantee enforcement
5. Appendix A - Copy of Lease Agreement: Attached copy of the underlying lease agreement
6. Appendix B - Corporate Authorizations: Required corporate resolutions or powers of attorney (if applicable)
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