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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.

9 minute read July 01, 2016 at 11:52 AM
By
Gregory Voigt
When Affirmative Defenses Fail, Guarantors May Prevail On the Question of Lease Enforceability

It would seem intuitive, if not axiomatic, to understand third-party guaranties and commercial leases as distinct legal instruments.

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