Loan Guaranty Clause Samples
A Loan Guaranty clause establishes that a third party, known as the guarantor, promises to fulfill the borrower’s obligations if the borrower defaults on a loan. Typically, this clause outlines the scope of the guarantor’s responsibility, such as covering missed payments or the entire outstanding loan balance, and may specify conditions under which the guaranty is triggered. Its core practical function is to provide additional security to the lender by ensuring that the loan will be repaid even if the original borrower is unable to meet their obligations, thereby reducing the lender’s risk.
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Loan Guaranty. Each Loan Guarantor hereby agrees that it is jointly and severally liable for, and, as primary obligor and not merely as surety, and absolutely and unconditionally and irrevocably guarantees to the Administrative Agent for the ratable benefit of the Secured Parties the full and prompt payment upon the failure of any Borrower to do so, when and as the same shall become due, whether at stated maturity, upon acceleration or otherwise, and at all times thereafter, of the Secured Obligations (collectively the “Guaranteed Obligations”). Each Loan Guarantor further agrees that the Guaranteed Obligations may be extended or renewed in whole or in part without notice to or further assent from it, and that it remains bound upon its guarantee notwithstanding any such extension or renewal. If any or all of the Guaranteed Obligations becomes due and payable hereunder, each Loan Guarantor, unconditionally and irrevocably, promises to pay such Guaranteed Obligations to the Administrative Agent and/or the other Secured Parties, on demand, together with any and all expenses which may be incurred by the Administrative Agent and the other Secured Parties in collecting any of the Guaranteed Obligations, to the extent reimbursable in accordance with Section 9.03. Each Loan Guarantor unconditionally and irrevocably guarantees the payment of any and all of the Guaranteed Obligations to the Secured Parties whether or not due or payable by any Borrower upon the occurrence of any of the Events of Default specified in Sections 7.01(f) or 7.01(g), and in such event, irrevocably and unconditionally promises to pay such indebtedness to the Secured Parties, on demand, in lawful money of the United States.
Loan Guaranty. On the terms and conditions contained in this Agreement, upon the execution and delivery of this Agreement, the Holder shall lend to EES $1,000,000, which loan shall be evidenced by the Note to be issued to the Holder, a copy of which is annexed as Exhibit A (the “Note”). As additional consideration for the Holder making the loan to EES, ETI shall issue the Warrant to the Holder upon the execution and delivery of this Agreement. ETI unconditionally and irrevocably guarantees the full and prompt payment and performance when due of all EES's obligations under the Loan Documents (the "Guaranteed Obligations"). This guaranty is an absolute guaranty of payment and not a guaranty of collection. ETI's guaranty is absolute and unconditional irrespective of:
(i) any lack of validity or enforceability of any provision of any Loan Document or any other agreement or instrument relating to any Loan Document, or avoidance or subordination of any of the Guaranteed Obligations;
(ii) any change in the time, manner or place of payment of, or in any other term of, or any increase in the amount of, any of the Guaranteed Obligations, or any other amendment or waiver of any term of, or any consent to departure from any requirement of, any of the Loan Documents;
(iii) any exchange, release or non-perfection of any lien on any Collateral, or any release or amendment or waiver of any term of any other guaranty of, or any consent to departure from any requirement of any other guaranty of, any of the Guaranteed Obligations;
(iv) the absence of (A) any attempt to collect any of the Guaranteed Obligations from EES or (B) any other action to enforce the same or the election of any remedy by the Holder;
(v) any waiver, consent, extension, forbearance or granting of any indulgence by the Holder with respect to any provision of any Loan Document;
(vi) the Holder's election in any proceeding under chapter 11 the Bankruptcy Code of the application of section 1111(b)(2) of the Bankruptcy Code;
(vii) any borrowing or grant of a security interest by the Holder, as debtor-in-possession, under section 364 of the Bankruptcy Code;
(viii) the disallowance, under section 502 of the Bankruptcy Code, of all or any portion of the claims of the Holder for payment of any of the Guaranteed Obligations; or
(ix) any other circumstance that might otherwise constitute a legal or equitable discharge or defense of a borrower or a guarantor.
Loan Guaranty. Loan guaranty subject to this agreement is mortgage, and the guaranty agreement shall be signed additionally with No. But for maximum amount guaranty, the guaranty agreement No. shall be Di Ya 1408411C2112000.
Loan Guaranty. 8792 Section 3.01 Guaranty ................................................................................................ 8792 Section 3.02
Loan Guaranty. Section 12.1 (Loan Guaranty) of the Senior Secured Credit Agreement is hereby incorporated into this Agreement, mutatis mutandis, as a part hereof for all purposes.
Loan Guaranty. The syndicate loan provided under this Agreement is working capital loan, which is severally and jointly guaranteed by Daqo Group Co., Ltd. which is the de facto controller of the Borrower, and ▇▇▇▇▇▇▇ ▇▇ and ▇▇▇▇▇ ▇▇ in the capacity as individuals.
Loan Guaranty. That certain Loan Guaranty to be effective the Commencement Date executed and delivered by Loan Guarantors to MPT Development Services in connection with the Loans.
Loan Guaranty the Loan Guaranty shall fail to remain in full force or effect or any action shall be taken to discontinue or to assert the invalidity or unenforceability of the Loan Guaranty, or any Guarantor shall fail to comply with any of the terms or provisions of the Loan Guaranty to which it is a party, or any Guarantor shall deny that it has any further liability under the Loan Guaranty to which it is a party, or shall give notice to such effect;
Loan Guaranty. Executed originals of the Subsidiary Guaranty.
Loan Guaranty. Each Loan Guarantor hereby agrees that it is jointly and severally liable for, and, as primary obligor and not merely as surety, absolutely and unconditionally Guarantees to the Administrative Agent and each other Senior Credit Party and their respective successors and assigns, the due and punctual payment and performance of the Loan Obligations, and that all other obligations of the Borrower to the Senior Credit Parties or the Administrative Agent under this Agreement or the Credit Agreement shall be promptly paid in full or performed, all in accordance with the terms hereof. Each Loan Guarantor further agrees that the Loan Obligations may be extended or renewed in whole or in part without notice to or further assent from it, and that it remains bound upon its Guarantee notwithstanding any such extension or renewal.