The Commercial Lease Guaranty is essential in Indian commercial real estate transactions where landlords seek additional security beyond the tenant's covenant. This document is particularly relevant when dealing with new businesses, companies with limited trading history, or situations where the tenant's financial strength alone may not provide sufficient comfort to the landlord. The guarantee agreement is structured in compliance with the Indian Contract Act 1872, Transfer of Property Act 1882, and relevant state-specific regulations. It typically includes detailed provisions about the scope of the guarantee, the guarantor's obligations, enforcement mechanisms, and the duration of the guarantee. The document becomes crucial in scenarios where commercial properties involve significant rental values or long-term commitments, providing landlords with an additional layer of security while facilitating commercial leasing transactions that might otherwise not proceed.
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1. Parties: Identifies and provides full details of the Landlord, Tenant, and Guarantor(s)
2. Background: Recitals explaining the context of the lease agreement and the requirement for the guarantee
3. Definitions: Defines key terms used throughout the agreement including 'Lease', 'Guaranteed Obligations', 'Property', etc.
4. Guarantee and Indemnity: Core section establishing the guarantee, its scope, and indemnification provisions
5. Duration of Guarantee: Specifies the term of the guarantee and conditions for its continuation or termination
6. Guarantor's Obligations: Details specific obligations, including payment guarantees, performance guarantees, and compliance requirements
7. Nature of Guarantee: Establishes the guarantee as continuing, irrevocable, and unconditional
8. Landlord's Rights: Outlines the landlord's rights to enforce the guarantee and seek remedies
9. Preservation of Rights: Provisions ensuring guarantee remains valid despite changes to lease or tenant's circumstances
10. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial status
11. Costs and Expenses: Allocation of costs related to preparation, enforcement of the guarantee
12. Notices: Communication procedures and contact details for all parties
13. Governing Law and Jurisdiction: Specifies Indian law as governing law and relevant jurisdiction for disputes
1. Multiple Guarantors: Additional provisions for joint and several liability when there are multiple guarantors
2. Corporate Guarantor Provisions: Specific provisions when guarantor is a company, including board resolutions and corporate authority
3. Foreign Guarantor Provisions: Additional provisions for foreign guarantors including service of process and currency provisions
4. Guarantee Limitations: Specific caps or limitations on the guarantee amount or scope, if applicable
5. Step-In Rights: Provisions allowing guarantor to take over lease in certain circumstances
6. Financial Reporting: Requirements for guarantor to provide periodic financial information
7. Assignment and Transfer: Provisions regarding transfer of guarantee rights or obligations, if permitted
1. Schedule 1 - The Property: Detailed description of the leased property including address and specifications
2. Schedule 2 - The Lease: Key terms of the underlying lease agreement being guaranteed
3. Schedule 3 - Guaranteed Obligations: Detailed list of obligations covered under the guarantee
4. Schedule 4 - Guarantor Information: Detailed information about guarantor including financial statements or asset details
5. Appendix A - Form of Demand: Standard format for making demands under the guarantee
6. Appendix B - Board Resolution: Format of corporate authorization (if corporate guarantor)
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