The Lease Guaranty Form is a critical document used in Dutch lease transactions where additional security is required beyond the basic lease agreement. This document is typically employed when a lessor requires extra assurance of payment and performance from a third party (guarantor) regarding a lessee's obligations. The guarantee may be provided by a bank, corporate entity, or individual, depending on the circumstances and requirements of the transaction. The form must comply with Dutch Civil Code provisions regarding both lease and guarantee agreements, particularly Books 6 and 7. It is commonly used in commercial real estate transactions, corporate leasing arrangements, and situations where the lessee's financial standing alone may not satisfy the lessor's requirements. The document includes detailed provisions about the scope of the guarantee, enforcement mechanisms, and the specific obligations being guaranteed.
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1. Parties: Identification of all parties: Lessor (beneficiary), Lessee (primary debtor), and Guarantor
2. Background: Context of the guarantee, including reference to the underlying lease agreement
3. Definitions: Definitions of key terms used in the guarantee agreement
4. Scope of Guarantee: Detailed description of the obligations being guaranteed, including maximum amount if applicable
5. Terms of Guarantee: Conditions under which the guarantee can be called upon and the process for making a claim
6. Duration: Term of the guarantee, including start date and expiry conditions
7. Guarantor's Obligations: Specific obligations and undertakings of the guarantor
8. Payment Terms: Terms and conditions for payment under the guarantee, including timing and method
9. Enforcement: Procedures and conditions for enforcing the guarantee
10. Notices: Requirements for formal communications between parties
11. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction
1. Multiple Guarantors: Additional provisions when there is more than one guarantor, including joint and several liability
2. Corporate Authority: Specific provisions required when the guarantor is a corporate entity, including representations about authority to provide the guarantee
3. Financial Covenants: Additional financial requirements for corporate guarantors to maintain certain financial metrics
4. Security: Additional provisions when the guarantee is secured by specific assets
5. Assignment: Provisions regarding the ability to assign or transfer the guarantee rights
6. Counter-Indemnity: Provisions for the lessee to indemnify the guarantor for amounts paid under the guarantee
7. Step-In Rights: Rights of the guarantor to take over the lease in case of lessee default
1. Schedule 1 - Underlying Lease Agreement: Copy or key terms of the lease agreement being guaranteed
2. Schedule 2 - Guarantee Amount: Detailed breakdown of the guaranteed amounts and any caps or limitations
3. Schedule 3 - Claim Procedure: Detailed procedure for making claims under the guarantee
4. Schedule 4 - Required Notices: Forms of notices required for various communications under the guarantee
5. Appendix A - Corporate Authorization: Corporate resolutions or powers of attorney authorizing the guarantee (if applicable)
6. Appendix B - Financial Statements: Recent financial statements of the guarantor (if required)
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