Common use of Personal Guaranty Clause in Contracts

Personal Guaranty. For valuable consideration, the receipt of which is hereby acknowledge, including but not limited to the extension of credit by Xxxxxx Tri Steel (“Xxxxxx”) to (“Customer”), the undersigned individual (“Guarantor”) hereby absolutely, unconditionally and irrevocably guarantees the full and punctual payment of all obligations of Customer to Xxxxxx, its successors and assigns, under the Customer Credit Application and Agreement (a copy of which has been provided to Guarantor), now existing or hereafter arising, whether for account purchases, service charges, sales or other applicable taxes, costs of collection or otherwise. Xxxxxxxxx agrees to indemnify and hold Xxxxxx harmless for any and all costs and expenses (including reasonable attorney’s fees and expenses) incurred by Xxxxxx in enforcing any rights under this Personal Guaranty. Guarantor guarantees that the obligations of the Customer under the Customer Credit Application and Agreement will be paid strictly in accordance with the terms thereof. This Personal Guaranty shall in all respects be a continuing, absolute, unconditional and irrevocable guaranty of payment, and shall remain in full force and effect until Guarantor delivers to Xxxxxx written notice revoking it as to indebtedness incurred subsequent to such delivery. Such delivery shall not affect any of Guarantor’s obligations hereunder with respect to Customer’s indebtedness incurred prior to the date such notice is delivered to Xxxxxx. Diligence, demand, protest or notice of any kind is hereby waived by Guarantor. This Personal Guaranty constitutes a guaranty of payment to Xxxxxx when due and not of collection, and Guarantor specifically agrees that it shall not be necessary or required that Xxxxxx exercise any right, assert any claim or demand or enforce any other remedy whatsoever against the Customer before or as a condition precedent to the obligations of the Guarantor hereunder. This is intended to be a personal guaranty and not a corporate guaranty, and will personally bind Guarantor. The liability of Guarantor under this Personal Guaranty shall be absolute, unconditional and irrevocable irrespective of (I) any change in term of or obligation of the Customer, or any other extension, compromise or renewal of any obligation of the Customer under the Customer Credit Application and Agreement, (ii) any amendment to, rescission, waiver or other modification of, or any consent to depart from, any of the terms of the Customer Credit Application and Agreement, or (iii) any other circumstances which might otherwise constitute a defense available to, or a legal or equitable discharge of, the Customer under the Customer Credit Application and Agreement. CONSENT TO OBTAIN CONSUMER CREDIT REPORT: The undersigned personal Guarantor, recognizing that his or her individual credit history may be a necessary factor in the evaluation of Xxxxxx’ extension of credit to Customer, hereby consents and authorizes Xxxxxx to obtain a non-business consumer credit report on Guarantor, in order to use such report to further evaluate the creditworthiness of Guarantor as guarantor in connection with the extension of business credit to Customer. Guarantor as an individual hereby knowingly consents to the use of such credit report consistent with the Federal fair Credit Reporting Act as contained in 15 U.S.C. sections 1681 et seq. IN WITNESS WHEREOF, the Guarantor has signed this day of , 20 . , individually Printed Name: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.

Appears in 1 contract

Samples: Customer Credit Application and Agreement

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Personal Guaranty. For valuable consideration, In Consideration of the receipt agreement of which is hereby acknowledge, including but not limited to the extension Village of credit by Xxxxxx Tri Steel Cottage Grove (“XxxxxxVillage”) to enter the AGREEMENT TO UNDERTAKE DEVELOPMENT AVID REAL ESTATE PROJECT (“Customer”the "Development Agreement") with AVID Real Estate LLC (the "Developer"), the undersigned individual individual(s) (each a "Guarantor") hereby absolutelypersonally guarantee to the Village the full, unconditionally prompt, and irrevocably guarantees unconditional payment, when due to the Village, of the following pursuant to the Development Agreement: 100% of the Tax Payment Guarantee until the Tax Payment Guarantee Termination Date, 2) full and punctual payment of all obligations of Customer to Xxxxxxannual real estate taxes on the AVID Real Estate Property until the Tax Payment Guarantee Termination Date, its successors and assigns, 3) any payments required under the Customer Credit Application and Tax Agreement (a copy together, the “Obligations”). Terms that are capitalized in this Guaranty that are not defined in this Guaranty and that are defined in the Development Agreement shall have the meanings assigned to such terms by the Development Agreement. Upon any default by Developer in the payment of which has any of the Obligations, the joint and several liability of the Guarantors shall be effective immediately. Such joint and several liability hereunder shall be absolute, unconditional, and unlimited, and shall continue regardless of any reduction or increase of the Obligations until all of the Obligations have been provided to Guarantor), now existing paid or hereafter arising, whether otherwise discharged. The undersigned shall be responsible for account purchases, service charges, sales or other applicable taxes, costs of collection or otherwise. Xxxxxxxxx agrees to indemnify and hold Xxxxxx harmless for any and all costs reasonable attorney's fees and expenses (including reasonable attorney’s fees and expenses) incurred by Xxxxxx the Village in enforcing this Guaranty. This Guaranty shall be unaffected by any amendment or modification of the Development Agreement or any waiver by any party thereto of any rights under this Personal Guaranty. Guarantor guarantees that the obligations of the Customer under the Customer Credit Application and Agreement will be paid strictly in accordance with the terms thereofthereunder. This Personal Guaranty shall in all respects be a continuing, absolute, unconditional and irrevocable guaranty of payment, and with respect to Obligations 1-2 shall remain in full force and effect until Guarantor delivers for the Term of the Development Agreement, at which point this Guaranty shall terminate and be of no further force and effect for Obligations 1-2. For purposes of Obligation 3, this Guaranty shall remain in effect for the duration of Developer’s obligations required by the Tax Agreement. If Developer shall sell or otherwise convey its interest in the Avid Real Estate Property, and the Village consents in writing to Xxxxxx written notice revoking it as to indebtedness incurred subsequent to such delivery. Such delivery assignment of the Developer’s obligations under the Development Agreement and the Guarantors’ obligations under this Guarantee, which consent shall not affect any of Guarantor’s be unreasonably withheld, Developer and the undersigned Guarantors shall be deemed released from all obligations hereunder with respect and the Village shall look solely to Customer’s indebtedness incurred prior successors in interest for the performance of all of the obligations imposed on Developer and Guarantor by the Development Agreement, Attachment D and this Guaranty. The undersigned waives notice of acceptance of this Guaranty, notice of default under the Development Agreement, proceedings to enforce the date such notice is delivered to Xxxxxx. DiligenceDevelopment Agreement against Developer or others, and all diligence of collection and presentment, demand, notice, and protest or notice as well as notices of any kind is hereby waived by Guarantornature. This Personal Guaranty constitutes a guaranty of payment The Village may, from time to Xxxxxx when due and time, not of collectionproceed against Developer, and Guarantor specifically agrees that it shall not be necessary accept partial performance, or required that Xxxxxx exercise any right, assert any claim settle or demand or enforce any other remedy whatsoever against the Customer before or as a condition precedent to compromise the obligations due from Developer, but none of these actions or omissions will affect the Guarantor hereunder. This is intended to be a personal guaranty and not a corporate guaranty, and will personally bind Guarantor. The liability of Guarantor under this Personal Guaranty shall be absolute, unconditional and irrevocable irrespective of (I) any change in term of or obligation of the Customer, or any other extension, compromise or renewal of any obligation of undersigned to pay the Customer Obligations under the Customer Credit Application and Agreement, (ii) any amendment to, rescission, waiver or other modification of, or any consent to depart from, any of the terms of the Customer Credit Application and Agreement, or (iii) any other circumstances which might otherwise constitute a defense available to, or a legal or equitable discharge of, the Customer under the Customer Credit Application and Agreementthis Guaranty. CONSENT TO OBTAIN CONSUMER CREDIT REPORT: The undersigned personal Guarantor, recognizing that his or her individual credit history may be a necessary factor in the evaluation of Xxxxxx’ extension of credit to Customer, hereby consents and authorizes Xxxxxx to obtain a non-business consumer credit report on Guarantor, in order to use such report to further evaluate the creditworthiness of Guarantor as guarantor in connection with the extension of business credit to Customer. Guarantor as an individual hereby knowingly consents There are no conditions to the use effectiveness of such credit report consistent with the Federal fair Credit Reporting Act as contained in 15 U.S.C. sections 1681 et seqthis Guaranty, which is absolute and unconditional. IN WITNESS WHEREOF, the Guarantor has signed this day of , 20 . , individually Printed Name: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.Dated:

Appears in 1 contract

Samples: Tax Agreement

Personal Guaranty. For valuable considerationTo INDUCE Lessor to finalize a lease agreement with Lessee, the receipt of which is hereby acknowledge, including but not limited to the extension of credit by Xxxxxx Tri Steel (“Xxxxxx”) to (“Customer”), I/we the undersigned individual INDIVIDUALLY, PERSONALLY, ABSOLUTELY AND UNCONDITIONALLY, guaranty to Lessor (“Guarantor”and to anyone Lessor may transfer its interests to) hereby absolutely, unconditionally and irrevocably guarantees the full and punctual prompt payment of all obligations of Customer to Xxxxxxpayments and other obligations, its successors and assigns, which may become due by Lessee under the Customer Credit Application Terms and Agreement (a copy Conditions of which has been provided the Lease Agreement. I/we waive notice of demand and default and I/we understand, agree and acknowledge that Lessor may seek payment directly from me/us without first proceeding against Lessee. In the event of Lessee's default, I/we unconditionally agree to Guarantor)pay all remaining lease payments, now existing or hereafter arisingcontractual penalties, whether for account purchasescollection costs, service charges, sales or other applicable taxes, costs of collection or otherwise. Xxxxxxxxx agrees to indemnify and hold Xxxxxx harmless for any and all costs and expenses (including reasonable attorney’s attorney fees and expenses) incurred legal costs. The Laws of New York shall govern this Guaranty. I/we further freely agree and consent to the personal jurisdiction in the New York Courts including without limitations, to the Civil and District Courts of Nassau County and I/we waive trial by Xxxxxx in enforcing any rights under jury. If more than one personal guarantor has signed this Personal Guaranty, each of you agrees that your liability is joint and several. Guarantor guarantees I agree to be bound by the Terms and Conditions of this Lease Agreement and I acknowledge and agree that the obligations of the Customer under the Customer Credit Application and no circumstances shall this Lease Agreement will be paid strictly in accordance with the terms thereof. This or my Personal Guaranty shall in all respects be construed as a continuing, absolute, unconditional and irrevocable guaranty of payment, and shall remain in full force and effect until Guarantor delivers to Xxxxxx written notice revoking it as to indebtedness incurred subsequent to such deliveryConsumer contract. Such delivery shall not affect any of X Guarantor’s obligations hereunder with respect Signature Date of Birth Print Name Home Phone # Home Address City State Zip Social Security # Credit Authorization G VISA G MasterCard G AMEX Acct. No. Exp. Date X Co-Guarantor’s Signature Date of Birth Print Name Home Phone # Home Address City State Zip Social Security # Credit Authorization G VISA G MasterCard G AMEX Acct. No. Exp. Date ACCEPTANCE BY LESSOR: Xxxxxxx Leasing, Inc. (DO NOT SIGN BELOW, FOR BLI USE ONLY) Authorized Signature Print Name Date Executed Vendor is not an agent for Xxxxxxx Leasing, Inc. and does not have the authority to Customer’s indebtedness incurred prior to the date such notice is delivered to Xxxxxx. Diligencewaive or alter any terms or conditions of this lease.v01.08 Lessor, demandXxxxxxx Leasing, protest or notice of any kind is hereby waived by Guarantor. This Personal Guaranty constitutes a guaranty of payment to Xxxxxx when due Inc., shall hereinafter be known as “You” and not of collection“Your” and Lessee(s)/Personal Guarantor(s) shall hereinafter be known both severally and jointly as “I”, “Me” and Guarantor specifically agrees that it shall not be necessary or required that Xxxxxx exercise any right, assert any claim or demand or enforce any other remedy whatsoever against the Customer before or as a condition precedent to the obligations of the Guarantor hereunder. This is intended to be a personal guaranty and not a corporate guaranty, and will personally bind Guarantor. The liability of Guarantor under this Personal Guaranty shall be absolute, unconditional and irrevocable irrespective of (I) any change in term of or obligation of the Customer, or any other extension, compromise or renewal of any obligation of the Customer under the Customer Credit Application and Agreement, (ii) any amendment to, rescission, waiver or other modification of, or any consent to depart from, any of the terms of the Customer Credit Application and Agreement, or (iii) any other circumstances which might otherwise constitute a defense available to, or a legal or equitable discharge of, the Customer under the Customer Credit Application and Agreement. CONSENT TO OBTAIN CONSUMER CREDIT REPORT: The undersigned personal Guarantor, recognizing that his or her individual credit history may be a necessary factor in the evaluation of Xxxxxx’ extension of credit to Customer, hereby consents and authorizes Xxxxxx to obtain a non-business consumer credit report on Guarantor, in order to use such report to further evaluate the creditworthiness of Guarantor as guarantor in connection with the extension of business credit to Customer. Guarantor as an individual hereby knowingly consents to the use of such credit report consistent with the Federal fair Credit Reporting Act as contained in 15 U.S.C. sections 1681 et seq. IN WITNESS WHEREOF, the Guarantor has signed this day of , 20 . , individually Printed Name: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580“My.

Appears in 1 contract

Samples: Equipment Lease Agreement

Personal Guaranty. For valuable considerationTo INDUCE Lessor to finalize a lease agreement with Lessee, the receipt of which is hereby acknowledge, including but not limited to the extension of credit by Xxxxxx Tri Steel (“Xxxxxx”) to (“Customer”), I/we the undersigned individual INDIVIDUALLY, PERSONALLY, ABSOLUTELY AND UNCONDITIONALLY, guaranty to Lessor (“Guarantor”and to anyone Lessor may transfer its interests to) hereby absolutely, unconditionally and irrevocably guarantees the full and punctual prompt payment of all obligations of Customer to Xxxxxxpayments and other obligations, its successors and assigns, which may become due by Lessee under the Customer Credit Application Terms and Agreement (a copy Conditions of which has been provided the Lease Agreement. I/we waive notice of demand and default and I/we understand, agree and acknowledge that Lessor may seek payment directly from me/us without first proceeding against Lessee. In the event of Lessee's default, I/we unconditionally agree to Guarantor)pay all remaining lease payments, now existing or hereafter arisingcontractual penalties, whether for account purchasescollection costs, service charges, sales or other applicable taxes, costs of collection or otherwise. Xxxxxxxxx agrees to indemnify and hold Xxxxxx harmless for any and all costs and expenses (including reasonable attorney’s attorney fees and expenses) incurred legal costs. The Laws of New York shall govern this Guaranty. I/we further freely agree and consent to the personal jurisdiction in the New York Courts including without limitations, to the Civil and District Courts of Nassau County and I/we waive trial by Xxxxxx in enforcing any rights under jury. If more than one personal guarantor has signed this Personal Guaranty, each of you agrees that your liability is joint and several. Guarantor guarantees I agree to be bound by the Terms and Conditions of this Lease Agreement and I acknowledge and agree that the obligations of the Customer under the Customer Credit Application and no circumstances shall this Lease Agreement will be paid strictly in accordance with the terms thereof. This or my Personal Guaranty shall in all respects be construed as a continuing, absolute, unconditional and irrevocable guaranty of payment, and shall remain in full force and effect until Guarantor delivers to Xxxxxx written notice revoking it as to indebtedness incurred subsequent to such deliveryConsumer contract. Such delivery shall not affect any of X Guarantor’s obligations hereunder with respect Signature Date of Birth Print Name Home Phone # Home Street Address Social Security # City State Zip X Co-Guarantor’s Signature Date of Birth Print Name Home Phone # Home Street Address Social Security # City State Zip ACCEPTANCE BY LESSOR: Xxxxxxx Leasing, Inc. (DO NOT SIGN BELOW, FOR BLI USE ONLY) Authorized Signature Print Name Date Executed Vendor is not an agent for Xxxxxxx Leasing, Inc. and does not have the authority to Customer’s indebtedness incurred prior to the date such notice is delivered to Xxxxxx. Diligencewaive or alter any terms or conditions of this lease.v10.15 Page 2 of 6 Lessor, demandXxxxxxx Leasing, protest or notice of any kind is hereby waived by Guarantor. This Personal Guaranty constitutes a guaranty of payment to Xxxxxx when due Inc., shall hereinafter be known as “You” and not of collection“Your” and Lessee(s)/Personal Guarantor(s) shall hereinafter be known both severally and jointly as “I”, “Me” and Guarantor specifically agrees that it shall not be necessary or required that Xxxxxx exercise any right, assert any claim or demand or enforce any other remedy whatsoever against the Customer before or as a condition precedent to the obligations of the Guarantor hereunder. This is intended to be a personal guaranty and not a corporate guaranty, and will personally bind Guarantor. The liability of Guarantor under this Personal Guaranty shall be absolute, unconditional and irrevocable irrespective of (I) any change in term of or obligation of the Customer, or any other extension, compromise or renewal of any obligation of the Customer under the Customer Credit Application and Agreement, (ii) any amendment to, rescission, waiver or other modification of, or any consent to depart from, any of the terms of the Customer Credit Application and Agreement, or (iii) any other circumstances which might otherwise constitute a defense available to, or a legal or equitable discharge of, the Customer under the Customer Credit Application and Agreement. CONSENT TO OBTAIN CONSUMER CREDIT REPORT: The undersigned personal Guarantor, recognizing that his or her individual credit history may be a necessary factor in the evaluation of Xxxxxx’ extension of credit to Customer, hereby consents and authorizes Xxxxxx to obtain a non-business consumer credit report on Guarantor, in order to use such report to further evaluate the creditworthiness of Guarantor as guarantor in connection with the extension of business credit to Customer. Guarantor as an individual hereby knowingly consents to the use of such credit report consistent with the Federal fair Credit Reporting Act as contained in 15 U.S.C. sections 1681 et seq. IN WITNESS WHEREOF, the Guarantor has signed this day of , 20 . , individually Printed Name: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580“My.

Appears in 1 contract

Samples: A Lease Agreement

Personal Guaranty. For valuable considerationThe undersigned do jointly, the receipt of which is hereby acknowledgeseverally and unconditionally guarantee all acts, including but not limited to the extension of credit by Xxxxxx Tri Steel (“Xxxxxx”) to (“Customer”), the undersigned individual (“Guarantor”) hereby absolutely, unconditionally performances and irrevocably guarantees the full and punctual payment of all obligations of Customer to Xxxxxx, its successors and assigns, CUSTOMER under the Customer Credit Application and Agreement (a copy of which has been provided to Guarantor), now existing or hereafter arising, whether for account purchases, service charges, sales or other applicable taxes, costs of collection or otherwise. Xxxxxxxxx agrees to indemnify and hold Xxxxxx harmless for any and all costs and expenses (including reasonable attorney’s fees and expenses) incurred by Xxxxxx in enforcing any rights under this Personal Guaranty. Guarantor guarantees that the obligations of the Customer under the Customer Credit Application and Agreement will be paid strictly in accordance with the terms thereof. This Personal Guaranty shall in all respects be a continuing, absolute, unconditional and irrevocable guaranty of payment, and shall remain in full force and effect until Guarantor delivers to Xxxxxx written notice revoking it as to indebtedness incurred subsequent to such delivery. Such delivery shall not affect any of Guarantor’s obligations hereunder with respect to Customer’s indebtedness incurred prior to the date such notice is delivered to Xxxxxx. Diligence, demand, protest or notice of any kind is hereby waived by Guarantor. This Personal Guaranty constitutes a guaranty of payment to Xxxxxx when due and not of collection, and Guarantor specifically agrees that it shall not be necessary or required that Xxxxxx exercise any right, assert any claim or demand or enforce any other remedy whatsoever against the Customer before or as a condition precedent to the obligations of the Guarantor hereunder. This is intended to be a personal guaranty and not a corporate guaranty, and will personally bind Guarantor. The liability of Guarantor under this Personal Guaranty shall be absolute, unconditional and irrevocable irrespective of (I) any change in term of or obligation of the Customer, or any other extension, compromise or renewal of any obligation of the Customer under the Customer above Credit Application and Agreement, (ii) by and between CUSTOMER and SELLER as well as waive notice of any supplement, amendment toor extension thereof or addendum thereto as may be agreed upon from time to time, rescissionbetween SELLER and CUSTOMER without affecting the undersigned's liability thereunder, waiver and further agree that this Agreement is personally binding upon them. The obligations of the undersigned shall be independent of the obligations of CUSTOMER, and separate action or other modification ofactions may be brought and maintained against the undersigned, or any consent of them, whether or not action is brought against CUSTOMER. The undersigned agrees to depart frompay cost of collection of not less than 25% of CUSTOMER's account balance or a reasonable attorney's fee, if greater, if CUSTOMER's account is placed for collection with an outside collection firm or attorney, whether suit be brought or not. This Guaranty is not subject to oral modification or cancellation. The guaranty may be terminated by any guarantor upon fifteen (15) days written notice of termination, mailed certified mail, return receipt requested to the Seller. Such termination shall extend only to credit extended beyond said fifteen (15) day period and not to prior extended credit, or goods in transit received by Customer beyond said date, or for special orders placed prior to said date notwithstanding date of delivery. Termination of this guaranty by any guarantor shall not impair the continuing guaranty of any remaining guarantors. The undersigned hereby adopt and agree to the provisions of the terms of the Customer aforesaid Credit Application and Agreement, or including the provisions pertaining to jurisdiction (iii) any State of Florida), venue and notice (Duval County, Florida), and the undersigned specifically authorize the SELLER to contact the undersigned’s credit references and other circumstances which might otherwise constitute credit reporting resources to make inquiries and obtain credit information on a defense available to, or a legal or equitable discharge of, the Customer under the Customer Credit Application and Agreementcontinuing basis as SELLER may deem necessary. CONSENT TO OBTAIN CONSUMER CREDIT REPORTSignature: The undersigned personal Guarantor, recognizing that his or her individual credit history may be a necessary factor in the evaluation of Xxxxxx’ extension of credit to Customer, hereby consents and authorizes Xxxxxx to obtain a non-business consumer credit report on Guarantor, in order to use such report to further evaluate the creditworthiness of Guarantor as guarantor in connection with the extension of business credit to CustomerTel. Guarantor as an individual hereby knowingly consents to the use of such credit report consistent with the Federal fair Credit Reporting Act as contained in 15 U.S.C. sections 1681 et seq. IN WITNESS WHEREOF, the Guarantor has signed this day of , 20 . , individually Printed Name: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.#:

Appears in 1 contract

Samples: Application and Agreement

Personal Guaranty. For valuable consideration, the receipt of which is hereby acknowledgeacknowledged, including but not limited to the extension of credit by Xxxxxx Tri Steel (“Xxxxxx”Xxxxxxx Orora to the undersigned, individually, jointly, and severally, unconditionally guarantee’(s) to (“Customer”), the undersigned individual (“Guarantor”) hereby absolutely, unconditionally and irrevocably guarantees Xxxxxxx Orora the full and punctual prompt payment by , of all obligations of Customer to Xxxxxx, its successors and assigns, under the Customer Credit Application and Agreement (a copy of which has been provided to Guarantor), now existing Guarantor presently or hereafter arising, whether for account purchases, service charges, sales may have to Xxxxxxx Orora and payment when due of all sums presently or other applicable taxes, costs of collection or otherwisehereafter owing by Guarantor to Xxxxxxx Orora. Xxxxxxxxx agrees to indemnify Xxxxxxx Orora against any losses Xxxxxxx Orora may sustain and hold Xxxxxx harmless for expenses Xxxxxxx Orora may incur as a result of any failure of Guarantor to perform including reasonable attorneys’ fees and all costs cost and other expenses (including reasonable attorney’s fees incurred in collections and expenses) incurred by Xxxxxx compromising any indebtedness of debtor guaranteed hereunder or in enforcing any rights under this Personal guaranty against Guarantor. This shall be a continuing Guaranty. Guarantor guarantees that the obligations Diligence, Demand, Protest or notice of the Customer under the Customer Credit Application and Agreement will be paid strictly in accordance with the terms thereofany kind is waived. This Personal Guaranty shall in all respects be a continuing, absolute, unconditional and irrevocable guaranty of payment, and It shall remain in full force and effect until Guarantor delivers to Xxxxxx Xxxxxxx Orora written notice revoking it as to indebtedness incurred subsequent to such delivery. Such delivery shall not affect any of Guarantor’s obligations hereunder with respect to Customer’s indebtedness incurred prior to the date such notice is delivered to Xxxxxx. Diligence, demand, protest or notice of any kind is hereby waived by Guarantor. This Personal Guaranty constitutes a guaranty of payment to Xxxxxx when due and not of collection, and Guarantor specifically agrees that it shall not be necessary or required that Xxxxxx exercise any right, assert any claim or demand or enforce any other remedy whatsoever against the Customer before or as a condition precedent to the obligations of the Guarantor hereunder. This is intended to be a personal guaranty and not a corporate guaranty, and will personally bind Guarantorheretofore incurred. The liability of Guarantor under this undersigned Personal Guaranty shall be absolute, unconditional and irrevocable irrespective of (I) any change in term of or obligation of the Customer, or any other extension, compromise or renewal of any obligation of the Customer under the Customer Credit Application and Agreement, (ii) any amendment to, rescission, waiver or other modification of, or any consent to depart from, any of the terms of the Customer Credit Application and Agreement, or (iii) any other circumstances which might otherwise constitute a defense available to, or a legal or equitable discharge of, the Customer under the Customer Credit Application and Agreement. CONSENT TO OBTAIN CONSUMER CREDIT REPORT: The undersigned personal Guarantor, recognizing that his or her individual credit history may be a necessary factor in the evaluation of Xxxxxx’ extension of credit to Customerthis personal guarantee, hereby consents to and authorizes Xxxxxx to obtain the use of a non-business consumer credit report on Guarantorthe undersigned, by the above named business guarantor (Xxxxxxx Orora) from time to time as may be needed, in order to use such report to further evaluate the creditworthiness of Guarantor as guarantor in connection with the extension of business credit to Customerevaluation process. Guarantor as an individual hereby knowingly consents to the use of such credit report consistent with the Federal fair Credit Reporting Act as contained in 15 U.S.C. sections 1681 et seq. IN WITNESS WHEREOF, the Guarantor has signed this day of , 20 . , individually Printed Name: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.Sign name Print Name Date Address City State Zip code Social Security Witness

Appears in 1 contract

Samples: Special Delivery Instructions

Personal Guaranty. For valuable considerationAs consideration for the Seller extending credit to the Applicant, the receipt of which is hereby acknowledge, including but not limited to the extension of credit by Xxxxxx Tri Steel (“Xxxxxx”) to (“Customer”Guarantor(s), jointly and severally hereby personally guarantee the undersigned individual (“Guarantor”) hereby absolutely, unconditionally and irrevocably guarantees the full and punctual payment of all obligations of Customer to Xxxxxx, its successors and assigns, under the Customer Credit Application and Agreement (a copy of which has been provided to Guarantor), now existing or hereafter arising, whether for account purchases, service charges, sales or other applicable taxes, costs of collection or otherwise. Xxxxxxxxx agrees to indemnify and hold Xxxxxx harmless for any and all costs and expenses (including reasonable attorney’s fees and expenses) incurred by Xxxxxx in enforcing any rights under this Personal Guaranty. Guarantor guarantees that the obligations of the Customer under the Customer Credit Application and Agreement will be paid strictly in accordance with the terms thereof. This Personal Guaranty shall in all respects be a continuing, absolute, unconditional and irrevocable guaranty of payment, and shall remain in full force and effect until Guarantor delivers to Xxxxxx written notice revoking it as to indebtedness incurred subsequent to such delivery. Such delivery shall not affect any of Guarantor’s obligations hereunder with respect to Customer’s indebtedness incurred prior to the date such notice is delivered to Xxxxxx. Diligence, demand, protest or notice of any kind is hereby waived by Guarantor. This Personal Guaranty constitutes a guaranty of payment to Xxxxxx when due and not of collection, and Guarantor specifically agrees that it shall not be necessary or required that Xxxxxx exercise any right, assert any claim or demand or enforce any other remedy whatsoever against the Customer before or as a condition precedent to the obligations of the Guarantor hereunder. This is intended to be a personal guaranty and not a corporate guaranty, and will personally bind Guarantor. The liability of Guarantor under this Personal Guaranty shall be absolute, unconditional and irrevocable irrespective of (I) any change in term of or obligation of the Customer, or any other extension, compromise or renewal of any obligation of the Customer under Applicant to the Customer Credit Application and AgreementSeller. Therefore, (ii) any amendment toeach Guarantor hereby agrees to pay the Seller on demand, rescission, waiver or other modification of, or any consent to depart fromwithout offset, any sum due to the Seller by the Applicant. Guarantor further agrees to pay all costs of collection including reasonable attorney’s fees. This Guaranty shall be a continuing and irrevocable guaranty and indemnity for indebtedness of the Applicant. The Guarantor hereby agrees, to the extent permitted by law, to waive the Homestead exemption, notice of acceptance, notice of presentment, demand, non-payment, dishonor and protest, along with the right to require Seller to proceed against the Applicant. Furthermore, Guarantor consents to and waives notice of any modification, amendment or extension of the terms of the Customer Credit Application and Agreement, or (iii) any other circumstances which might otherwise constitute a defense available to, or a legal or equitable discharge of, the Customer under the Customer Credit Application and AgreementAgreement hereby guaranteed. CONSENT TO OBTAIN CONSUMER CREDIT REPORT: The undersigned personal Guarantor, recognizing that his or her individual credit history may be a necessary factor in the evaluation of Xxxxxx’ extension of credit to Customer, Guarantor hereby consents and authorizes Xxxxxx Seller to obtain a non-business consumer and use Consumer Reports from time to time on the Guarantor for the sole purpose of evaluating current and ongoing credit report on Guarantor, in order to use such report to further evaluate the creditworthiness of Guarantor as guarantor worthiness in connection with the extension of business credit credit. This Personal Guaranty shall not to Customerexceed five million dollars ($5,000,000) and will remain in force for ten (10) years from date of last sale. Guarantor as an individual hereby knowingly consents may revoke this Personal Guaranty only by providing Seller’s Credit Manager written notice via certified mail of its intent to revoke. Revocation shall not relieve Guarantor of obligations incurred prior to receipt of such notice subject to the use of such limit set forth above. Subsequent agreements and credit report consistent with the Federal fair Credit Reporting Act as contained in 15 U.S.C. sections 1681 et seqapplications shall not serve to alter, supersede or otherwise modify this Personal Guaranty. IN WITNESS WHEREOF, the Printed Name Social Security # Date Printed Name Social Security # Date Guarantor has signed this day of , 20 . , individually Printed Name: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract1(Signature); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.

Appears in 1 contract

Samples: Master Sales Agreement

Personal Guaranty. For valuable consideration, the receipt of which is hereby acknowledge, including but not limited to the extension of credit by Xxxxxx Tri Steel Steel, LLC (“Xxxxxx”) to (“Customer”), the undersigned individual (“Guarantor”) hereby absolutely, unconditionally and irrevocably guarantees the full and punctual payment and collection of all obligations of Customer to Xxxxxx, its successors and assigns, under the Customer Credit Application and Agreement (a copy of which has been provided to Guarantor), now existing or hereafter arising, whether for account purchases, service charges, sales or other applicable taxes, costs of collection or otherwise. Xxxxxxxxx agrees to indemnify and hold Xxxxxx harmless for any and all costs and expenses (including reasonable attorney’s fees and expenses) incurred by Xxxxxx in enforcing any rights under this Personal Guaranty. Guarantor guarantees that the obligations of the Customer under the Customer Credit Application and Agreement will be paid strictly in accordance with the terms thereof. This Personal Guaranty shall in all respects be a continuing, absolute, unconditional and irrevocable guaranty of payment, and shall remain in full force and effect until Guarantor delivers to Xxxxxx written notice revoking it as to indebtedness incurred subsequent to such delivery. Such delivery shall not affect any of Guarantor’s obligations hereunder with respect to Customer’s indebtedness incurred prior to the date such notice is delivered to Xxxxxx. Diligence, demand, protest or notice of any kind is hereby waived by Guarantor. This Personal Guaranty constitutes a guaranty of payment to Xxxxxx when due and not of collection, and Guarantor specifically agrees that it shall not be necessary or required that Xxxxxx exercise any right, assert any claim or demand or enforce any other remedy whatsoever against the Customer before or as a condition precedent to the obligations of the Guarantor hereunder. This is intended to be a personal guaranty and not a corporate guaranty, and will personally bind Guarantor. The liability of Guarantor under this Personal Guaranty shall be absolute, unconditional and irrevocable irrespective regardless of (Ii) any change in term of or obligation of the Customer, or any other extension, compromise or renewal of any obligation of the Customer under the Customer Credit Application and Agreement, (ii) any amendment to, rescission, waiver or other modification of, or any consent to depart from, any of the terms of the Customer Credit Application and Agreement, or (iii) any other circumstances which might otherwise constitute a defense available to, or a legal or equitable discharge of, the Customer under the Customer Credit Application and Agreement. CONSENT TO OBTAIN CONSUMER CREDIT REPORT: The undersigned personal Guarantor, recognizing that his or her individual credit history may be a necessary factor in the evaluation of Xxxxxx’ extension of credit to Customer, hereby consents and authorizes Xxxxxx to obtain a non-business consumer credit report on Guarantor, in order to use such report to further evaluate the creditworthiness of Guarantor as guarantor in connection with the extension of business credit to Customer. Guarantor as an individual hereby knowingly consents to the use of such credit report consistent with the Federal fair Fair Credit Reporting Act as contained in 15 U.S.C. sections 1681 et seq. IN WITNESS WHEREOF, the Guarantor has signed this day of , 20 . , individually Printed Name: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.

Appears in 1 contract

Samples: Credit Application and Agreement

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Personal Guaranty. For valuable considerationAs consideration for the Seller extending credit to the Buyer, the receipt of which is hereby acknowledge, including but not limited to the extension of credit by Xxxxxx Tri Steel (“Xxxxxx”) to (“Customer”Guarantor(s), jointly and severally, hereby personally guarantee the undersigned individual (“Guarantor”) hereby absolutely, unconditionally and irrevocably guarantees the full and punctual payment of all obligations of Customer to Xxxxxx, its successors and assigns, under the Customer Credit Application and Agreement (a copy of which has been provided to Guarantor), now existing or hereafter arising, whether for account purchases, service charges, sales or other applicable taxes, costs of collection or otherwise. Xxxxxxxxx agrees to indemnify and hold Xxxxxx harmless for any and all costs and expenses (including reasonable attorney’s fees and expenses) incurred by Xxxxxx in enforcing any rights under this Personal Guaranty. Guarantor guarantees that the obligations of the Customer under the Customer Credit Application and Agreement will be paid strictly in accordance with the terms thereof. This Personal Guaranty shall in all respects be a continuing, absolute, unconditional and irrevocable guaranty of payment, and shall remain in full force and effect until Guarantor delivers to Xxxxxx written notice revoking it as to indebtedness incurred subsequent to such delivery. Such delivery shall not affect any of Guarantor’s obligations hereunder with respect to Customer’s indebtedness incurred prior to the date such notice is delivered to Xxxxxx. Diligence, demand, protest or notice of any kind is hereby waived by Guarantor. This Personal Guaranty constitutes a guaranty of payment to Xxxxxx when due and not of collection, and Guarantor specifically agrees that it shall not be necessary or required that Xxxxxx exercise any right, assert any claim or demand or enforce any other remedy whatsoever against the Customer before or as a condition precedent to the obligations of the Guarantor hereunder. This is intended to be a personal guaranty and not a corporate guaranty, and will personally bind Guarantor. The liability of Guarantor under this Personal Guaranty shall be absolute, unconditional and irrevocable irrespective of (I) any change in term of or obligation of the Customer, or any other extension, compromise or renewal of any obligation of the Customer under Buyer to the Customer Credit Application and AgreementSeller. Therefore, (ii) any amendment toeach Guarantor hereby agrees to pay the Seller on demand, rescission, waiver or other modification of, or any consent to depart fromwithout offset, any sum due to the Seller by the Buyer. Guarantor further agrees to pay all costs of collection including reasonable attorney’s fees. This Guarantor shall be a continuing and irrevocable guaranty and indemnity or indebtedness or the Buyer. The Guarantor hereby agrees to the extent permitted by law, to waive the Homestead exemption, notice of acceptance, notice of presentment, demand, non-payment, dishonor and protest, along with the right to require Seller to proceed against the Furthermore, Guarantor consents to and waives notice of any modification, amendment or extension of the terms of the Customer Credit Application and Agreement, or (iii) any other circumstances which might otherwise constitute a defense available to, or a legal or equitable discharge of, the Customer under the Customer Credit Application and AgreementAgreement hereby guaranteed. CONSENT TO OBTAIN CONSUMER CREDIT REPORT: The undersigned personal Guarantor, recognizing that his or her individual credit history may be a necessary factor in the evaluation of Xxxxxx’ extension of credit to Customer, Guarantor hereby consents and authorizes Xxxxxx Seller to obtain a non-business consumer and use Consumer Reports from time to time on the Guarantor for the sole purpose of evaluating current and ongoing credit report on Guarantor, in order to use such report to further evaluate the creditworthiness of Guarantor as guarantor worthiness in connection with the extension of the business credit to Customercredit. This Personal Guaranty shall not exceed five million dollars ($5,000,000) and will remain in force for ten (10) years from date of last sale. Guarantor as an individual hereby knowingly consents may revoke this Personal Guaranty only by providing Seller’s Credit Manager written notice via certified mail of its intent to revoke. Revocation shall not relieve Guarantor of obligations incurred prior to receipt of such notice subject to the use of such limit set forth above. Subsequent agreements and credit report consistent with the Federal fair Credit Reporting Act as contained in 15 U.S.C. sections 1681 et seq. IN WITNESS WHEREOFapplications shall not serve to alter, the supersede or otherwise modify this Personal Guaranty Guarantor has signed this day of , 20 . , individually (Signature) Printed Name: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.Name Social Security # Date

Appears in 1 contract

Samples: www.tecrental.com

Personal Guaranty. For valuable consideration, the receipt of which is hereby acknowledgeacknowledged, including but not limited to the extension of credit by Xxxxxx Tri Steel (“Xxxxxx”Geneva Synergy to the undersigned, individually, jointly, and severally, unconditionally guarantee’(s) to (“Customer”), the undersigned individual (“Guarantor”) hereby absolutely, unconditionally and irrevocably guarantees Geneva Synergy the full and punctual prompt payment by , of all obligations of Customer to Xxxxxx, its successors and assigns, under the Customer Credit Application and Agreement (a copy of which has been provided to Guarantor), now existing Guarantor presently or hereafter arising, whether for account purchases, service charges, sales may have to Geneva Synergy and payment when due of all sums presently or other applicable taxes, costs of collection or otherwisehereafter owing by Guarantor to Geneva Synergy. Xxxxxxxxx agrees to indemnify Geneva Synergy against any losses Geneva Synergy may sustain and hold Xxxxxx harmless for expenses Geneva Synergy may incur as a result of any failure of Guarantor to perform including reasonable attorneys’ fees and all costs cost and other expenses (including reasonable attorney’s fees incurred in collections and expenses) incurred by Xxxxxx compromising any indebtedness of debtor guaranteed hereunder or in enforcing any rights under this Personal guaranty against Guarantor. This shall be a continuing Guaranty. Guarantor guarantees that the obligations Diligence, Demand, Protest or notice of the Customer under the Customer Credit Application and Agreement will be paid strictly in accordance with the terms thereofany kind is waived. This Personal Guaranty shall in all respects be a continuing, absolute, unconditional and irrevocable guaranty of payment, and It shall remain in full force and effect until Guarantor delivers to Xxxxxx Geneva Synergy written notice revoking it as to indebtedness incurred subsequent to such delivery. Such delivery shall not affect any of Guarantor’s obligations hereunder with respect to Customer’s indebtedness incurred prior to the date such notice is delivered to Xxxxxx. Diligence, demand, protest or notice of any kind is hereby waived by Guarantor. This Personal Guaranty constitutes a guaranty of payment to Xxxxxx when due and not of collection, and Guarantor specifically agrees that it shall not be necessary or required that Xxxxxx exercise any right, assert any claim or demand or enforce any other remedy whatsoever against the Customer before or as a condition precedent to the obligations of the Guarantor hereunder. This is intended to be a personal guaranty and not a corporate guaranty, and will personally bind Guarantorheretofore incurred. The liability of Guarantor under this undersigned Personal Guaranty shall be absolute, unconditional and irrevocable irrespective of (I) any change in term of or obligation of the Customer, or any other extension, compromise or renewal of any obligation of the Customer under the Customer Credit Application and Agreement, (ii) any amendment to, rescission, waiver or other modification of, or any consent to depart from, any of the terms of the Customer Credit Application and Agreement, or (iii) any other circumstances which might otherwise constitute a defense available to, or a legal or equitable discharge of, the Customer under the Customer Credit Application and Agreement. CONSENT TO OBTAIN CONSUMER CREDIT REPORT: The undersigned personal Guarantor, recognizing that his or her individual credit history may be a necessary factor in the evaluation of Xxxxxx’ extension of credit to Customerthis personal guarantee, hereby consents to and authorizes Xxxxxx to obtain the use of a non-business consumer credit report on Guarantorthe undersigned, by the above named business grantor (Geneva Synergy) from time to time as may be needed, in order to use such report to further evaluate the creditworthiness of Guarantor as guarantor in connection with the extension of business credit to Customerevaluation process. Guarantor as an individual hereby knowingly consents to the use of such credit report consistent with the Federal fair Credit Reporting Act as contained in 15 U.S.C. sections 1681 et seq. IN WITNESS WHEREOF, the Guarantor has signed this day of , 20 . , individually Printed Name: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.Sign name Print Name Date Address City State Zip code Social Security

Appears in 1 contract

Samples: Special Delivery Instructions

Personal Guaranty. For valuable considerationAs consideration for the Seller extending credit to the Applicant, the receipt of which is hereby acknowledge, including but not limited to the extension of credit by Xxxxxx Tri Steel (“Xxxxxx”) to (“Customer”Guarantor(s), jointly and severally hereby personally guarantee the undersigned individual (“Guarantor”) hereby absolutely, unconditionally and irrevocably guarantees the full and punctual payment of all obligations of Customer to Xxxxxx, its successors and assigns, under the Customer Credit Application and Agreement (a copy of which has been provided to Guarantor), now existing or hereafter arising, whether for account purchases, service charges, sales or other applicable taxes, costs of collection or otherwise. Xxxxxxxxx agrees to indemnify and hold Xxxxxx harmless for any and all costs and expenses (including reasonable attorney’s fees and expenses) incurred by Xxxxxx in enforcing any rights under this Personal Guaranty. Guarantor guarantees that the obligations of the Customer under the Customer Credit Application and Agreement will be paid strictly in accordance with the terms thereof. This Personal Guaranty shall in all respects be a continuing, absolute, unconditional and irrevocable guaranty of payment, and shall remain in full force and effect until Guarantor delivers to Xxxxxx written notice revoking it as to indebtedness incurred subsequent to such delivery. Such delivery shall not affect any of Guarantor’s obligations hereunder with respect to Customer’s indebtedness incurred prior to the date such notice is delivered to Xxxxxx. Diligence, demand, protest or notice of any kind is hereby waived by Guarantor. This Personal Guaranty constitutes a guaranty of payment to Xxxxxx when due and not of collection, and Guarantor specifically agrees that it shall not be necessary or required that Xxxxxx exercise any right, assert any claim or demand or enforce any other remedy whatsoever against the Customer before or as a condition precedent to the obligations of the Guarantor hereunder. This is intended to be a personal guaranty and not a corporate guaranty, and will personally bind Guarantor. The liability of Guarantor under this Personal Guaranty shall be absolute, unconditional and irrevocable irrespective of (I) any change in term of or obligation of the Customer, or any other extension, compromise or renewal of any obligation of the Customer under Applicant to the Customer Credit Application and AgreementSeller. Therefore, (ii) any amendment toeach Guarantor hereby agrees to pay the Seller on demand, rescission, waiver or other modification of, or any consent to depart fromwithout offset, any sum due to the Seller by the Applicant. Guarantor further agrees to pay all c osts of c ollection including reasonable attorney’s fees. T his Guaranty shall be a c ontinuing and irrevocable guaranty and indemnity for indebtedness of the Applicant. The Guarantor hereby agrees, to the extent permitted by law, to waive the Homestead exemption, notice of ac ceptance, notice of presentment, demand, non-payment, dishonor and protest, along with the right to require Seller to proceed against the Applicant. Furthermore, Guarantor consents to and waives notice of any modification, amendment or extension of the terms of the Customer Credit Application and Agreement, or (iii) any other circumstances which might otherwise constitute a defense available to, or a legal or equitable discharge of, the Customer under the Customer Credit Application and AgreementAgreement hereby guaranteed. CONSENT TO OBTAIN CONSUMER CREDIT REPORT: The undersigned personal Guarantor, recognizing that his or her individual credit history may be a necessary factor in the evaluation of Xxxxxx’ extension of credit to Customer, Guarantor hereby consents and authorizes Xxxxxx Seller to obtain a non-business consumer and use Consumer Reports from time to time on the Guarantor for the sole purpose of evaluating current and ongoing credit report on Guarantor, in order to use such report to further evaluate the creditworthiness of Guarantor as guarantor worthiness in connection with the extension of business credit credit. This Personal Guaranty shall not to Customerexceed five million dollars ($5,000,000) and will remain in force for ten (10) years from date of last sale. Guarantor as an individual hereby knowingly consents may revoke this Personal Guaranty only by providing Seller’s Credit Manager written notice via certified mail of i ts intent to revoke. Re vocation shall not relieve Guarantor of obligations incurred prior to receipt of such notice subject to the use of such limit set forth above. Subsequent agreements and credit report consistent with the Federal fair Credit Reporting Act as contained in 15 U.S.C. sections 1681 et seqapplications shall not serve to alter, supersede or otherwise modify this Personal Guaranty. IN WITNESS WHEREOF, the Printed Name Social Security # Date Printed Name Social Security # Date Guarantor has signed this day of , 20 . , individually Printed Name: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract1(Signature); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.

Appears in 1 contract

Samples: Master Sales Agreement

Personal Guaranty. For valuable considerationThe undersigned “Personal Guarantor” acknowledges that he/she has a personal financial stake in the affairs of the Tenant referred to in the above as regards the carrying on of a business to be operated at the “Premises” of 213-215 Madison, the receipt Brooklyn, Illinois. Because of which is hereby acknowledgethese circumstances, including but not limited and as an added inducement to the extension of credit by Xxxxxx Tri Steel (“Xxxxxx”) Landlord to (“Customer”)grant the above referenced Lease, the undersigned individual (“Guarantor”) hereby absolutely, unconditionally and irrevocably guarantees Personal Guarantor here agrees that in the full and punctual payment event of the Tenant’s breach or default of the obligations contained in the above referenced Lease Agreement that he/she will be personally liable to the Landlord above for all obligations SUMS DUE but unpaid UNDER THIS LEASE. In the event the tenant does not make timely payments of Customer rent or other charges due under this Lease [including those sums due in the event of an acceleration or rent payments] the undersigned agrees to Xxxxxx, its successors and assigns, under be fully responsible to the Customer Credit Application and Agreement (a copy of which has been provided to Guarantor), now existing Landlord for any such rent or hereafter arising, whether for account purchases, service charges, sales or other applicable taxes, costs and to pay same within ten (10) days of collection or otherwise. Xxxxxxxxx agrees to indemnify and hold Xxxxxx harmless for any and all costs and expenses (including reasonable attorney’s fees and expenses) incurred by Xxxxxx in enforcing any rights under this Personal Guaranty. Guarantor guarantees that the obligations of the Customer under the Customer Credit Application and Agreement will be paid strictly in accordance with the terms thereof. This Personal Guaranty shall in all respects be a continuing, absolute, unconditional and irrevocable guaranty of payment, and shall remain in full force and effect until Guarantor delivers to Xxxxxx written notice revoking it as to indebtedness incurred subsequent to such delivery. Such delivery shall not affect any of Guarantor’s obligations hereunder with respect to Customer’s indebtedness incurred prior to the date such notice is delivered to Xxxxxx. Diligence, demand, protest or notice of any kind is hereby waived by Guarantor. This Personal Guaranty constitutes a guaranty of payment to Xxxxxx when due and not of collection, and Guarantor specifically agrees that it shall not be necessary such breach or required that Xxxxxx exercise any right, assert any claim or demand or enforce any other remedy whatsoever against the Customer before or as a condition precedent default mailed to the obligations address listed here, which is hand printed by the Personal Guarantor at the execution of this Lease Agreement. In the Guarantor hereunder. This is intended event services of counsel are required to be a personal guaranty and not a corporate guaranty, and will personally bind Guarantor. The liability of Guarantor under enforce this Personal Guaranty shall Guarantee the Personal Guarantor agrees to pay the reasonable attorney fees incurred by the Landlord or its assignee to enforce this Personal Guarantee. AGREED: /s/ Txxx Xxxxxx [Personal Guarantor / Date {Please print and sign name] Txxx Xxxxxx 1000 X Xxxxx Xxxxxx, XX 00000 [Personal Guarantor: Please hand print here the address where any notice of breach or default of this Lease Agreement should be absolute, unconditional and irrevocable irrespective of (I) any change in term of or obligation of the Customer, or any other extension, compromise or renewal of any obligation of the Customer under the Customer Credit Application and Agreement, (ii) any amendment to, rescission, waiver or other modification of, or any consent to depart from, any of the terms of the Customer Credit Application and Agreement, or (iii) any other circumstances which might otherwise constitute a defense available to, or a legal or equitable discharge of, the Customer under the Customer Credit Application and Agreement. CONSENT TO OBTAIN CONSUMER CREDIT REPORT: The undersigned personal Guarantor, recognizing that his or her individual credit history may be a necessary factor in the evaluation of Xxxxxx’ extension of credit to Customer, hereby consents and authorizes Xxxxxx to obtain a non-business consumer credit report on Guarantor, in order to use such report to further evaluate the creditworthiness of Guarantor as guarantor in connection with the extension of business credit to Customer. Guarantor as an individual hereby knowingly consents to the use of such credit report consistent with the Federal fair Credit Reporting Act as contained in 15 U.S.C. sections 1681 et seq. IN WITNESS WHEREOF, the Guarantor has signed this day of , 20 . , individually Printed Name: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.mailed]

Appears in 1 contract

Samples: Lease Agreement (VCG Holding Corp)

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