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Guarantee Rental Agreement
"I need a Guarantee Rental Agreement for a commercial property in Cape Town, South Africa, where a parent company will act as guarantor for its subsidiary's 5-year lease starting March 2025, with specific provisions for step-in rights and a guarantee cap of R5 million."
1. Parties: Identifies the three key parties: Landlord (beneficiary of guarantee), Tenant (primary debtor), and Guarantor
2. Background: Explains the context of the guarantee, referring to the main lease agreement and the requirement for a guarantee
3. Definitions and Interpretation: Defines key terms used in the agreement and sets out interpretation rules
4. Guarantee Obligations: Details the specific obligations the guarantor undertakes, including payment of rent and other tenant obligations
5. Duration of Guarantee: Specifies the term of the guarantee and any conditions for extension or termination
6. Payment Terms: Sets out when and how the guarantor must make payments upon default by the tenant
7. Landlord's Rights and Remedies: Outlines the landlord's rights to enforce the guarantee and available remedies
8. Guarantor's Liability: Defines the extent and limitations of the guarantor's liability
9. Notices: Specifies how formal notices must be given between parties
10. General Provisions: Contains standard contractual provisions including governing law, jurisdiction, and entire agreement clauses
1. Multiple Guarantors: Required when there is more than one guarantor, defining joint and several liability
2. Property Management: Needed when a property manager is involved in administering the lease
3. Guarantee Limit: Optional cap on the guarantor's total liability
4. Early Release Provisions: Conditions under which the guarantor may be released from obligations before the end of the term
5. Securities: Required when additional security (like deposits) is provided alongside the guarantee
6. Step-in Rights: Optional provisions allowing the guarantor to take over the lease instead of making payments
1. Property Details: Full description of the rental property covered by the guarantee
2. Principal Lease Terms: Summary or copy of the main lease agreement terms that are guaranteed
3. Guaranteed Amounts: Detailed breakdown of the rental amounts and other obligations covered by the guarantee
4. Guarantor's Financial Information: Required financial documentation from the guarantor (may be referenced but kept confidential)
5. Notice Details: Contact information and addresses for service for all parties
Authors
Business Day
Commencement Date
Default Event
Due Date
Effective Date
Guarantee Amount
Guarantee Period
Guaranteed Obligations
Landlord
Lease Agreement
Notice
Parties
Payment Date
Permitted Use
Premises
Property
Rental
Security Deposit
Signature Date
Tenant
Guarantor
Term
Termination Date
Utilities
VAT
Writing
Operating Expenses
Demand Notice
Enforcement Rights
Guarantee Claim
Principal Debt
Recovery Costs
Related Agreements
Stipulated Rate
Payment Obligations
Default
Enforcement
Indemnity
Duration
Termination
Waiver
Assignment
Severability
Breach
Dispute Resolution
Governing Law
Jurisdiction
Notices
Amendment
Force Majeure
Costs
Interest
Entire Agreement
Independent Advice
Representation and Warranties
Compliance with Laws
Renewal
Release
Joint and Several Liability
Security
Subrogation
Set-off
Confidentiality
Real Estate
Property Management
Residential Property
Commercial Property
Corporate Housing
Student Accommodation
Retail Property
Industrial Property
Banking and Financial Services
Legal Services
Legal
Real Estate
Property Management
Risk Management
Operations
Facilities
Contract Administration
Corporate Services
Tenant Relations
Portfolio Management
Property Manager
Real Estate Agent
Legal Counsel
Property Portfolio Manager
Leasing Manager
Risk Manager
Facilities Manager
Corporate Housing Manager
Tenant Relations Manager
Contract Administrator
Commercial Property Director
Head of Real Estate
Legal Operations Manager
Property Operations Director
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