It would seem intuitive, if not axiomatic, to understand third-party guaranties and commercial leases as distinct legal instruments.
When Affirmative Defenses Fail, Guarantors May Prevail On the Question of Lease Enforceability
Third--party guaranties and commercial leases are distinct legal instruments. Although the two are often executed simultaneously, and it is not unusual for a single person to sign a lease in her corporate capacity and a guaranty for that same lease in her personal capacity, each document creates its own set of obligations as between a different set of contracting parties.
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