AUTHORISED GUARANTEE AGREEMENT Clause Samples
An Authorised Guarantee Agreement (AGA) is a legal provision in commercial leases that requires an outgoing tenant to guarantee the performance of the lease obligations by the incoming tenant after an assignment. In practice, when a tenant assigns their lease to a new party, the landlord may require the outgoing tenant to enter into an AGA, making them responsible if the new tenant defaults on rent or breaches other lease terms. This clause primarily protects landlords by ensuring they have recourse against the former tenant, thereby reducing the risk of non-payment or non-compliance following a lease assignment.
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AUTHORISED GUARANTEE AGREEMENT. The Tenant in consideration of the agreement to the assignment of the Lease COVENANTS AND GUARANTEES with and to the Landlord that:
AUTHORISED GUARANTEE AGREEMENT. This authorised guarantee agreement is entered into by the Existing Tenant in consideration of the Landlord's entering into the Licence to Assign and, accordingly, the Existing Tenant as a principal obligor agrees with the Landlord that:
AUTHORISED GUARANTEE AGREEMENT. In consideration of the Landlord consenting to the assignment of the Lease by the Tenant to the Assignee the Tenant covenants with the Landlord as principal debtor and (without the need for any express assignment) with all of the Landlord’s successors in title:
2.1 that during the Relevant Period the Assignee will pay the rents and other sums payable under the Lease and observe and perform all the covenants and conditions on the part of the tenant contained in the Lease, and in the event of the Assignee’s default, the Tenant will pay or observe and perform them;
2.2 to indemnify the Landlord on demand against all losses, claims, demands, damages, costs and expenses incurred by the Landlord or arising as a result of any breach by the Assignee during the Relevant Period of the tenant covenants of the Lease, provided that the liability of the Tenant under this clause shall be no more onerous than the liability to which it would be subject as sole or principal obligor in respect of such tenant covenants.
AUTHORISED GUARANTEE AGREEMENT. 40 THIS LEASE is entered on the 14 June 2005 BETWEEN:-
AUTHORISED GUARANTEE AGREEMENT. This Deed is an Authorised Guarantee Agreement for the purposes of the 1995 Act and the circumstances set out in section 16(3) of the 1995 Act apply
AUTHORISED GUARANTEE AGREEMENT. The form of the authorised guarantee agreement mentioned in paragraph 6 of Part III of the Schedule is as follows - THIS AUTHORISED GUARANTEE AGREEMENT AND LICENCE TO ASSIGN is made by deed on [insert date on completion]
AUTHORISED GUARANTEE AGREEMENT. It is a condition of the grant by the Landlord and the Tenant of consent to the Assignment that the Undertenant executes and completes an authorised guarantee agreement in the form set out in the Schedule to this licence, and delivers it to the Tenant, no later than the date of the instrument of the Assignment, and the Undertenant covenants with the Landlord and the Tenant so to do.
AUTHORISED GUARANTEE AGREEMENT. (A) For the purposes of section 19(1)A of the 1927 Act and section 16 of the 1995 Act, it is agreed that any consent of the Landlord and of the Superior Landlord to an assignment of the whole of the Premises shall be subject to a condition that the Current Tenant shall, prior to such assignment being completed, execute and deliver to the Superior Landlord and the Landlord deeds, which shall be prepared by the Landlord's solicitors, containing covenants on the part of the Current Tenant in the case of the deed to entered into with the Landlord in the form of those set out in schedule 5 with any necessary changes.
(B) For the purposes of section 19(1)A of the 1927 Act and section 16 of the 1995 Act, and as a separate and severable obligation from that set out in this clause 11.6, it is further agreed that any consent of the Landlord and of the Superior Landlord to an assignment of the whole of the Premises shall be subject to a condition that any guarantor of the Current Tenant shall, prior to such assignment being completed, execute and deliver to the Landlord and the Superior Landlord deeds containing a direct covenant by way of a guarantee and indemnity that the Tenant will comply with its obligations in the Authorised Guarantee Agreement referred to in clause 11.6(A) above in the case of the deed to entered into with the Landlord in the form of those set out in schedule 5, with any necessary changes. Real Estate/023459-00004/NDJ/ADAX ADAX(LDN7L28188) 28 L_LIVE_EMEA1:34971988v5
AUTHORISED GUARANTEE AGREEMENT. That the assignor tenant and any surety or sureties of the assignor tenant will at the same time as the giving of Consent execute in favour of the Landlord and enter into an authorised guarantee agreement pursuant to s.16 of the 1995 Act ("AGA") such AGA to contain covenants by the assignor tenant and any such surety or sureties in the terms set out in the Fifth Schedule with necessary amendments and such further amendments as may be reasonably required by the Landlord including a declaration that the obligations on the part of the assignor tenant and any such surety or sureties are entered into pursuant to a lawfully imposed condition and that such obligations are intended to constitute a valid AGA and so that "the Tenant" shall be defined to mean the Assignee and the words in paragraph 1.1 "and those contained in any authorised guarantee agreement which may in the future be entered into by the Tenant pursuant to
AUTHORISED GUARANTEE AGREEMENT. If upon the assignment of this Underlease by the Tenant the Tenant is required by the terms of this Underlease to enter into an Authorised Guarantee Agreement with the Landlord then the Guarantor shall also enter into an agreement in the same terms (mutatis mutandis) guaranteeing the obligations of the person or persons or corporation to whom the Tenant assigns this Underlease.
