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Authorised Guarantee Agreement
"I need an Authorised Guarantee Agreement under Belgian law for our retail chain's assignment of a shopping center lease in Brussels, where we (as original tenant) will guarantee the new tenant's obligations for a maximum period of 3 years from March 2025."
1. Parties: Identification of all parties: Guarantor, Beneficiary, and details of the Original Tenant whose obligations are being guaranteed
2. Background: Context of the guarantee, including details of the original lease, the assignment, and the requirement for the guarantee
3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including specific Belgian law terminology
4. Guarantee and Indemnity: Core guarantee obligations, scope of the guarantee, and indemnification provisions
5. Duration and Extent of Liability: Time period of the guarantee and specific limitations on the guarantor's liability
6. Payment Obligations: Specific payment terms, timing, and mechanism for payments under the guarantee
7. Enforcement and Remedies: Rights of the beneficiary to enforce the guarantee and available remedies
8. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and financial status
9. Tax Provisions: Treatment of tax implications and responsibilities for tax payments
10. Notices: Communication requirements and contact details for formal notices
11. Governing Law and Jurisdiction: Confirmation of Belgian law governance and jurisdiction for disputes
1. Security Provisions: Additional security measures if required, such as bank guarantees or charges over assets
2. Step-In Rights: Optional provisions allowing the guarantor to take over the lease in specific circumstances
3. Corporate Authorizations: Required for corporate guarantors, detailing internal approvals and authority
4. Currency Provisions: Required when payments might be made in multiple currencies
5. Assignment and Transfer: If transfer of guarantee rights or obligations might be permitted
6. Data Protection: Required when personal data processing is involved
7. Force Majeure: Optional provisions for extraordinary circumstances affecting guarantee obligations
8. Language Provisions: Required for multilingual agreements or when official translations are needed
1. Original Lease Details: Copy or summary of the relevant lease terms being guaranteed
2. Form of Demand: Template for making demands under the guarantee
3. Corporate Authorities: Copies of relevant corporate approvals and authorizations
4. Payment Details: Bank account and payment processing information
5. Guaranteed Obligations: Detailed list of specific obligations covered by the guarantee
6. Notice Details: Comprehensive contact information for all parties
Authors
Assignment
Assignment Date
Assignee
Assignor
Business Day
Demand
Guaranteed Obligations
Guarantee Period
Lease
Original Lease
Landlord
New Tenant
Original Tenant
Permitted Use
Premises
Property
Rent
Security Deposit
Term
VAT
Working Hours
Event of Default
Guarantee Fee
Guarantee Limit
Interest Rate
Notice
Payment Date
Relevant Jurisdiction
Signing Date
Step-In Rights
Tax
Working Day
Belgian Business Day
Enforcement Event
Guarantee Termination Date
Guaranteed Liabilities
Legal Costs
Material Adverse Effect
Parties
Relevant Documents
Required Currency
Service Charges
Trigger Event
Definitions
Guarantee and Indemnity
Duration
Payment Obligations
Representations and Warranties
Covenants
Security
Step-In Rights
Assignment and Transfer
Notices
Costs and Expenses
Tax
Default Interest
Currency
Set-off
Enforcement
Remedies
Amendments
Severability
Entire Agreement
Force Majeure
Counterparts
Confidentiality
Data Protection
Third Party Rights
Waiver
Authority
Language
Governing Law
Jurisdiction
Commercial Real Estate
Retail
Hospitality
Office Space Management
Industrial and Warehousing
Shopping Centers
Banking and Financial Services
Professional Services
Manufacturing
Logistics and Distribution
Legal
Real Estate
Finance
Risk Management
Operations
Treasury
Corporate Affairs
Facilities Management
Commercial
Property Management
Real Estate Manager
Legal Counsel
Commercial Property Director
Asset Manager
Lease Administrator
Risk Manager
Corporate Counsel
Property Portfolio Manager
Facilities Manager
Commercial Director
Chief Financial Officer
Operations Director
Treasury Manager
Contract Manager
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