The Commercial Lease Guarantor Form is an essential document in Australian commercial property transactions, typically required when a landlord seeks additional security beyond the tenant's covenant. This document is particularly relevant when leasing to new businesses, companies with limited trading history, or where the tenant's financial strength requires additional support. The form establishes legally binding obligations under Australian law, detailing the guarantor's commitments to fulfill the tenant's obligations if they default. It includes specific provisions addressing guarantee scope, duration, enforcement mechanisms, and compliance with relevant state and federal legislation. The document is designed to protect the landlord's interests while clearly defining the guarantor's obligations and potential liabilities. Common scenarios for its use include retail leases, office spaces, and industrial property leases where the tenant operates through a company structure with directors or parent companies acting as guarantors.
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1. Parties: Identifies all parties to the guarantee agreement: Guarantor(s), Landlord/Lessor, and Tenant/Lessee
2. Background: Sets out the context of the guarantee, including reference to the main lease agreement and the reason for requiring the guarantee
3. Definitions: Defines key terms used throughout the guarantee agreement for clarity and legal certainty
4. Guarantee and Indemnity: Core section detailing the guarantee obligations, including the scope of the guarantee and indemnity provisions
5. Duration of Guarantee: Specifies how long the guarantee remains in effect and any conditions for its termination
6. Guarantor's Obligations: Detailed list of specific obligations and responsibilities of the guarantor
7. Nature of Guarantee: Specifies that the guarantee is continuing, irrevocable, and unconditional
8. Landlord's Rights: Outlines the rights of the landlord in enforcing the guarantee
9. Costs and Expenses: Details responsibility for costs associated with the guarantee, including enforcement costs
10. Notices: Specifies how formal notices under the guarantee must be given and received
11. Governing Law: Specifies that Australian law governs the agreement and designates jurisdiction for disputes
12. Execution: Formal signing section with necessary attestation requirements
1. Joint and Several Liability: Required when there are multiple guarantors, establishing that each guarantor is liable for the full amount
2. Corporate Guarantor Provisions: Additional provisions required when the guarantor is a corporation rather than an individual
3. Financial Reporting Requirements: Optional provisions requiring guarantors to provide periodic financial information
4. Limitation of Liability: Optional cap on guarantor's liability, if agreed by the parties
5. Assignment and Transfer: Required if the guarantee can be assigned or transferred to other parties
6. Independent Legal Advice: Declaration section confirming the guarantor has received independent legal advice, recommended for additional security
7. GST Provisions: Required when GST considerations need to be explicitly addressed in the guarantee obligations
1. Schedule 1 - Lease Details: Summary of the key details of the lease being guaranteed, including parties, premises, and term
2. Schedule 2 - Guaranteed Obligations: Detailed list of the specific obligations being guaranteed under the lease
3. Schedule 3 - Guarantor Details: Personal or corporate information about the guarantor(s), including contact details and identification
4. Appendix A - Certificate of Independent Legal Advice: Pro-forma certificate to be completed by the guarantor's legal advisor
5. Appendix B - Guarantor Financial Statement: Pro-forma financial statement template for corporate guarantors
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