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TXR 2109 — Commercial Lease Guaranty

TXR 2109 is a personal or corporate guaranty in which a third party (guarantor) guarantees the tenant's full performance under a commercial lease. The guarantor agrees to make any payments the tenant fails to make, cure any tenant breach, cover property damage, and compensate the landlord for losses

Source: TXR
Form Number: 2109
Category: Other
Revised: January 26, 2010

Used For

COMMERCIAL_LEASING

Form Outline

The TXR 2109 form is organized into the following sections:

  1. Guaranty Header
    Header identifying the leased premises, landlord, and tenant for the guaranteed commercial lease.
  2. Guaranty of Performance
    Establishes the consideration and the guarantor's unconditional commitment to guarantee tenant's lease performance.
  3. Scope of Guarantor Obligations
    Defines the guarantor's obligations: making missed payments, covering property damage, and either curing tenant breaches or compensating landlord for losses.
  4. Unconditional and Continuing Guaranty
    Makes the guaranty unconditional and continuing, surviving lease changes, renewals, and even tenant bankruptcy. All guarantors are jointly and severally liable.
  5. Governing Law and Attorney's Fees
    Establishes Texas law as governing and provides for recovery of attorney's fees by the prevailing party.
  6. Credit Report Authorization
    Grants landlord authorization to pull the guarantor's credit report and verify financial information from third parties.
  7. Financial Information Disclosure
    Requires guarantor to provide financial statements upon landlord request, limited to once per year with a 30-day response window.
  8. Special Provisions
    Space for additional guaranty terms beyond the standard provisions.
  9. Guarantor Execution
    Execution blocks for guarantors with full identifying information and witness signatures.

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