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Commercial Lease Guaranty Form
I need a Commercial Lease Guaranty Form for a retail space in Melbourne where two company directors will jointly guarantee a 5-year lease starting March 2025, with specific provisions for step-in rights if the tenant defaults.
1. Parties: Identifies all parties to the guarantee including the landlord (beneficiary), tenant, and guarantor(s)
2. Background: Outlines the context of the guarantee, referencing the main lease agreement and explaining why the guarantee is required
3. Definitions: Defines key terms used throughout the document, including 'Guaranteed Obligations', 'Lease Agreement', and 'Default'
4. Guarantee and Indemnity: Core section detailing the guarantee provisions, including the scope of guaranteed obligations and indemnification terms
5. Nature of Guarantee: Specifies that the guarantee is continuing, unconditional, and irrevocable
6. Guarantor's Obligations: Lists specific obligations of the guarantor, including payment obligations and performance guarantees
7. Preservation of Rights: Confirms that the landlord's rights under the guarantee remain despite various circumstances that might otherwise affect them
8. Payments: Details how and when payments must be made, including provisions for recovery of costs
9. Default and Enforcement: Specifies what constitutes default and the landlord's enforcement rights
10. Termination: Conditions under which the guarantee may be terminated or released
11. Notices: Requirements for giving notices under the guarantee
12. Governing Law: Specifies that Australian law governs the guarantee and nominates jurisdiction for disputes
13. Execution: Formal execution block for all parties to sign
1. Joint and Several Liability: Required when there are multiple guarantors to ensure each is fully liable for the guaranteed obligations
2. Security Provisions: Optional section when specific assets are being provided as additional security for the guarantee
3. Corporate Guarantor Provisions: Additional provisions required when the guarantor is a corporation, including warranties about corporate authority
4. GST Provisions: Detailed GST treatment if relevant to the guaranteed obligations
5. Independent Legal Advice: Certificate section confirming the guarantor has received independent legal advice
6. Guarantee Limit: Optional cap on the guarantor's liability if agreed by the parties
7. Step-In Rights: Optional provisions allowing the guarantor to take over the lease in certain circumstances
8. Assignment and Transfer: Required if the guarantee can be assigned or transferred to new landlords
1. Schedule 1 - Lease Details: Key details of the guaranteed lease including premises, term, and rent
2. Schedule 2 - Guarantor Information: Detailed information about the guarantor(s) including contact details and required identification
3. Schedule 3 - Guaranteed Obligations: Itemized list of all obligations being guaranteed under the lease
4. Appendix A - Copy of Lease: Attached copy of the lease agreement being guaranteed
5. Appendix B - Independent Legal Advice Certificate: Certificate from legal advisor confirming advice given to guarantor
6. Appendix C - Security Details: Details of any security provided in support of the guarantee
Authors
Authorised Representative
Business Day
Commencement Date
Default
Default Event
Guaranteed Monies
Guaranteed Obligations
Guarantor
GST
Insolvency Event
Landlord
Lease
Lease Agreement
Legal Costs
Losses
Notice
Obligations
Permitted Use
Premises
Property
Related Entity
Rent
Security Interest
Tenant
Term
Termination Date
Payment Obligations
Performance Obligations
Joint and Several Liability
Enforcement
Preservation of Rights
Continuing Security
Independent Obligations
Costs and Expenses
Default and Remedy
Representations and Warranties
Limitation of Liability
Release and Discharge
Assignment and Transfer
Waiver
Notice Requirements
Governing Law
Dispute Resolution
Amendment and Variation
Severability
Entire Agreement
Execution
GST
Confidentiality
Force Majeure
Relationship of Parties
Survival
Time of Essence
Real Estate
Retail
Commercial Property
Hospitality
Professional Services
Healthcare
Manufacturing
Warehouse and Distribution
Technology
Financial Services
Legal
Real Estate
Finance
Risk Management
Facilities Management
Asset Management
Property Management
Contract Administration
Business Development
Operations
Property Manager
Legal Counsel
Real Estate Manager
Commercial Lease Administrator
Risk Manager
Chief Financial Officer
Facilities Manager
Asset Manager
Contract Manager
Company Director
Commercial Property Lawyer
Leasing Executive
Property Portfolio Manager
Tenant Representative
Business Development Manager
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