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Guarantor On Lease Agreement
"I need a Guarantor on Lease Agreement for a student tenant starting January 2025, where the guarantor is the student's parent and will guarantee a maximum of €15,000 for a residential property in Amsterdam."
1. Parties: Identification of all parties: Landlord (Creditor), Tenant (Debtor), and Guarantor
2. Background: Context of the guarantee, referring to the main lease agreement and explaining why the guarantee is required
3. Definitions: Definitions of key terms used in the agreement, including 'Guaranteed Obligations', 'Lease Agreement', and 'Guarantee Period'
4. Scope of Guarantee: Detailed description of what obligations are being guaranteed, including rent, service charges, and other tenant obligations
5. Duration of Guarantee: Term of the guarantee, including start date and end conditions
6. Guarantor's Obligations: Primary obligations of the guarantor, including payment obligations and performance guarantees
7. Demand and Payment: Process for making demands under the guarantee and how payments should be made
8. Preservation of Rights: Landlord's rights in relation to the guarantee and circumstances that don't affect the guarantee's validity
9. Representations and Warranties: Guarantor's confirmations about their capacity and authority to provide the guarantee
10. Notices: How and where formal communications between parties should be made
11. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes
1. Multiple Guarantors: Section needed when there is more than one guarantor, defining joint and several liability
2. Specific Asset Guarantee: Used when the guarantee is limited to or secured by specific assets
3. Maximum Liability Cap: Include when the guarantee is subject to a maximum amount
4. Early Termination Rights: Optional provisions for circumstances under which the guarantor can be released early
5. Step-In Rights: Optional rights for guarantor to take over the lease in case of tenant default
6. Financial Reporting: Requirements for guarantor to provide periodic financial information, typically used for corporate guarantors
7. Currency Provisions: Required when rent is paid in a currency different from the guarantee
8. Tax Gross-Up: Provisions for tax implications of guarantee payments
1. Schedule 1 - Main Lease Agreement: Copy or key terms of the lease agreement being guaranteed
2. Schedule 2 - Guaranteed Obligations: Detailed list of all obligations covered by the guarantee
3. Schedule 3 - Form of Demand: Template for making formal demands under the guarantee
4. Schedule 4 - Property Details: Details of the property subject to the lease agreement
5. Schedule 5 - Guarantor's Assets: If relevant, list of assets securing the guarantee or financial statements
6. Appendix A - Execution Formalities: Required formalities under Dutch law for guarantee execution
Authors
Lease Agreement
Property
Landlord
Tenant
Guarantor
Guaranteed Obligations
Guarantee Period
Rent
Service Charges
Guarantee Limit
Business Day
Commencement Date
Default Event
Demand
Effective Date
Enforcement Event
Expiry Date
Guaranteed Amount
Lease Term
Material Adverse Change
Notice
Permitted Use
Premises
Related Persons
Security Deposit
Specified Events
Term
Working Hours
Dutch Civil Code
Applicable Law
Force Majeure Event
Recitals
Definitions
Scope of Guarantee
Duration
Payment Obligations
Performance Obligations
Demand Procedure
Enforcement
Representations and Warranties
Indemnification
Release and Discharge
Assignment and Transfer
Amendments and Waivers
Severability
Entire Agreement
Force Majeure
Notices
Costs and Expenses
Confidentiality
Data Protection
Anti-Money Laundering
Governing Law
Jurisdiction
Execution
Real Estate
Property Management
Commercial Property
Residential Property
Student Housing
Retail
Office Space
Industrial Property
Hospitality
Banking and Finance
Legal
Real Estate
Property Management
Risk Management
Operations
Finance
Compliance
Asset Management
Tenant Relations
Contract Administration
Property Manager
Real Estate Manager
Legal Counsel
Contract Manager
Risk Manager
Lease Administrator
Asset Manager
Financial Controller
Commercial Director
Operations Manager
Housing Officer
Tenant Relations Manager
Credit Risk Officer
Real Estate Attorney
Compliance Officer
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