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1. Parties: Identifies and provides complete details of the Guarantor, Lessor (Beneficiary of the guaranty), and Lessee (Principal Debtor)
2. Background: Recites the existence of the lease agreement being guaranteed and explains the purpose of the guaranty
3. Definitions: Defines key terms used throughout the agreement, including 'Guaranteed Obligations', 'Lease Agreement', and 'Event of Default'
4. Guaranty: Sets out the core guaranty obligation and its scope, including whether it is continuing, limited, or unlimited
5. Nature of Guaranty: Specifies whether the guaranty is absolute, unconditional, irrevocable, and/or joint and several
6. Guarantor's Representations and Warranties: Contains guarantor's confirmations about their capacity, authority, and financial ability to provide the guaranty
7. Payment Obligations: Details the specific payment obligations of the guarantor, including timing and method of payment
8. Preservation of Rights: Establishes that the lessor's rights against the guarantor are preserved despite any amendments to the lease or extensions granted to the lessee
9. Waiver of Defenses: Lists specific defenses and rights that the guarantor waives to ensure the effectiveness of the guaranty
10. Duration and Termination: Specifies when the guaranty becomes effective and when it terminates
11. Enforcement: Sets out the process for making a demand under the guaranty and enforcement procedures
12. Notices: Specifies how and where notices must be delivered to all parties
13. Governing Law and Jurisdiction: Confirms that Philippine law governs and specifies which courts have jurisdiction
14. General Provisions: Contains standard boilerplate provisions including severability, entire agreement, and amendments
1. Security: Include when the guarantor is providing additional security for their obligations, such as a mortgage or pledge
2. Corporate Authority: Include when the guarantor is a corporation, detailing corporate approvals obtained
3. Financial Covenants: Include when the guarantor must maintain certain financial ratios or conditions
4. Assignment and Transfer: Include when parties want to specifically address whether the guaranty can be assigned
5. Multiple Guarantors: Include when there is more than one guarantor to address joint and several liability
6. Subrogation Rights: Include when specifically addressing the guarantor's rights of subrogation against the lessee
7. Currency Provisions: Include when the lease payments are in a currency other than Philippine Peso
1. Schedule 1 - Lease Agreement: Copy or summary of the principal lease agreement being guaranteed
2. Schedule 2 - Guaranteed Obligations: Detailed list of the specific obligations being guaranteed under the lease
3. Schedule 3 - Form of Demand: Prescribed form for making a demand under the guaranty
4. Schedule 4 - Corporate Authorizations: Copies of relevant corporate approvals and authorizations (if applicable)
5. Appendix A - Property Details: Details of the leased property covered by the guaranty
6. Appendix B - Payment Schedule: Schedule of lease payments being guaranteed
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