Authorised Guarantee Agreement Template for Belgium

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Key Requirements PROMPT example:

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."

Document background
The Authorised Guarantee Agreement (AGA) is a crucial document in Belgian commercial property transactions where a tenant wishes to assign their lease to another party. It provides security for landlords by ensuring the original tenant guarantees the new tenant's performance of lease obligations. This document becomes necessary when a lease assignment is proposed, and the landlord requires continued security from the original tenant. The agreement must comply with Belgian civil and commercial law requirements, including potential notarial requirements and registration obligations. It typically includes detailed provisions on the scope of guarantee, payment obligations, enforcement mechanisms, and termination conditions. The document is particularly important in commercial real estate transactions where substantial rental obligations or strategic properties are involved.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Commercial Real Estate

Retail

Hospitality

Office Space Management

Industrial and Warehousing

Shopping Centers

Banking and Financial Services

Professional Services

Manufacturing

Logistics and Distribution

Relevant Teams

Legal

Real Estate

Finance

Risk Management

Operations

Treasury

Corporate Affairs

Facilities Management

Commercial

Property Management

Relevant Roles

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

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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