RECITALSContinuing Guaranty • April 12th, 2001 • Seracare Inc • Services-specialty outpatient facilities, nec • California
CONTINUING GUARANTYContinuing Guaranty • July 11th, 2014 • AAC Holdings, Inc. • Services-specialty outpatient facilities, nec • Tennessee
THIS CONTINUING GUARANTY (the “Guaranty”) entered into May 2, 2014 but effective as of the 15th day of April, 2014 (“Effective Date”), by JERROD N. MENZ, an individual residing in Tennessee (the “Guarantor”), in favor of RELIANT BANK with offices located at 1736 Carothers Parkway, Suite 100, Brentwood, Tennessee 37027 (the “Lender”), in order to induce the Lender to extend credit to AAC HOLDINGS, INC., a Nevada corporation (the “Borrower”). The Guarantor and Lender are collectively referred to herein as the “Parties” and individually as a “Party.”
CONTINUING GUARANTYContinuing Guaranty • February 24th, 2011 • Higher One Holdings, Inc. • Services-business services, nec • Connecticut
THIS CONTINUING GUARANTY is made as of the 31st day of December, 2010 by HIGHER ONE REAL ESTATE, INC., a Delaware corporation (the “Guarantor”), in favor of BANK OF AMERICA, N.A., a national banking association having an office at 777 Main Street, Hartford, Connecticut 06115, as Administrative Agent (together with any successor thereto appointed pursuant to Section 9.06 of the Credit Agreement referred to below, “Agent”) for itself and the other Lenders (defined below) which are or may become parties to the Credit Agreement referred to below.
AMENDED AND RESTATED CONTINUING GUARANTY (this “Guaranty”)Continuing Guaranty • September 26th, 2012 • Gas Natural Inc. • Natural gas distribution • New York
FOR VALUE RECEIVED, the sufficiency of which is hereby acknowledged, and in consideration of credit and/or financial accommodation heretofore or hereafter from time to time made or granted to Energy West, Incorporated, a Montana corporation (the “Borrower”) and each of the undersigned Subsidiaries of Borrower (each of the undersigned and each other Person who joins this Guaranty as a “Guarantor” pursuant to a joinder agreement in form and substance reasonably satisfactory to the Agent (as hereinafter defined) are each sometimes referred to herein individually as a “Guarantor” and collectively as the “Guarantors”), by BANK OF AMERICA, N.A. (“Bank of America”) and the other Lenders (as hereinafter defined) pursuant to that certain Amended and Restated Credit Agreement of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) by and among the Borrower, Bank of America, in its capacity as administrative agent (in such capacit
CONTINUING GUARANTYContinuing Guaranty • March 14th, 2017 • CUI Global, Inc. • Wholesale-electronic parts & equipment, nec • New York
Continuing GuarantyContinuing Guaranty • August 11th, 2022 • Lodging Fund REIT III, Inc. • Real estate investment trusts
This Continuing Guaranty (this “Guaranty”), dated as of August 3, 2022 (the “Effective Date”), is made by Lodging Fund REIT III OP, LP, a Delaware limited partnership (the “Guarantor”) in favor of Legendary A-1 Bonds, LLC, a Delaware limited liability company (“Lender”).
AMENDED AND RESTATED CONTINUING GUARANTYContinuing Guaranty • March 12th, 2012 • Americas Carmart Inc • Retail-auto dealers & gasoline stations • California
This CONTINUING GUARANTY (this “Guaranty”), dated as of March 9, 2012, is executed by COLONIAL AUTO FINANCE, INC., an Arkansas corporation (“Guarantor”), in favor of BANK OF AMERICA, N.A., in its capacity as agent for Lenders (as hereinafter defined) (in such capacity, “Agent”), in light of the following facts:
CONTINUING GUARANTYContinuing Guaranty • November 9th, 2009 • Physicians Formula Holdings, Inc. • Perfumes, cosmetics & other toilet preparations • California
CONTINUING GUARANTYContinuing Guaranty • November 8th, 2010 • Americas Carmart Inc • Retail-auto dealers & gasoline stations • California
This CONTINUING GUARANTY (this “Guaranty”), dated as of November 4, 2010, is executed by AMERICA’S CAR-MART, INC., a Texas corporation (“Parent” or “Guarantor”), in favor of BANK OF ARKANSAS, N.A., in its capacity as agent for Lenders (as hereinafter defined) (in such capacity, “Agent”), in light of the following facts:
CONTINUING GUARANTYContinuing Guaranty • November 6th, 2007 • Intermec, Inc. • Computer peripheral equipment, nec • California
CONTINUING GUARANTYContinuing Guaranty • September 20th, 2018
FOR VALUABLE CONSIDERATION, the undersigned (hereinafter the "Guarantor"), for himself or herself, his or her heirs, personal representatives, successors and assigns unconditionally guarantees to the Community Redevelopment Agency of the City of Orlando, a public body corporate and politic of the State of Florida created pursuant to Part III, Chapter 163, Florida Statutes (hereinafter referred to as the “CRA”), and its successors, endorsees and/or assigns, the performance and obligations of Popcorn Junkie, LLC, (hereinafter referred to as the “Business”) arising under the Minority/women Entrepreneur Business Assistance (MEBA) Program Funding Agreement (hereinafter referred to as the “Agreement”), including but not limited to indebtedness associated with repayment of MEBA program funds in the event of a default.
CONTINUING GUARANTYContinuing Guaranty • August 4th, 2010 • Solar Power, Inc. • Semiconductors & related devices • California
This Continuing Guaranty (this “Guaranty”) dated as of June 22, 2010, is made by Stephen C. Kircher, an individual (“Guarantor”), in favor of Umpqua Bank, an Oregon corporation (“Lender”).
CONTINUING GUARANTYContinuing Guaranty • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • Minnesota
THIS CONTINUING GUARANTY (this “Guaranty”) is made as of November 15, 2005, by US BIOENERGY CORPORATION, a South Dakota corporation (“Guarantor”), for the benefit of AGSTAR FINANCIAL SERVICES, PCA.
CONTINUING GUARANTYContinuing Guaranty • November 5th, 2019 • Air T Inc • Air courier services • Wisconsin
THIS CONTINUING GUARANTY (this “Guaranty”) is entered into as of June 24, 2019, by AIR T, INC. (the “Guarantor”) in favor of and for the benefit of OLD NATIONAL BANK (the “Lender”).
CONTINUING GUARANTYContinuing Guaranty • July 9th, 2018
The articles, comprising each shipment hereafter made for delivery in the United States of America and Canada by the undersigned guarantor, INNOPHOS, INC., a Delaware corporation, with offices located at 259 Prospect Plains Road, Cranbury, NJ 08512, together with any subsidiary which is a party to the transactions (collectively, the “Sellers”), giving rise to any such shipment to the customer specified above and any of its affiliated companies (collectively, the “Buyer”) are hereby guaranteed by this instrument (the “Guaranty”), as of the date of shipment, to be:
AMENDED AND RESTATED CONTINUING GUARANTYContinuing Guaranty • December 8th, 2011 • Cherokee Inc • Women's, misses', and juniors outerwear • California
This Amended and Restated Continuing Guaranty (“Guaranty”), dated as of December 7, 2011, is executed and delivered by SPELL C. LLC, a Delaware limited liability company (“Guarantor”), in favor of U.S. BANK NATIONAL ASSOCIATION (“Bank”) and in light of the following:
1. RIVIERA HOLDINGS CORPORATION; a. RIVIERA HOLDINGS CORPORATION; 2. RIVIERA OPERATING CORPORATION; b. RIVIERA OPERATING CORPORATION; 3. RIVIERA GAMING MANAGEMENT, INC.; c. RIVIERA BLACK HAWK, INC.; 4. RIVIERA GAMING MANAGEMENT OF COLORADO, and INC.;...Continuing Guaranty • August 9th, 2002 • Riviera Holdings Corp • Hotels & motels • California
Continuing GuarantyContinuing Guaranty • August 12th, 2008 • Unified Grocers, Inc. • Wholesale-groceries, general line • California
This guaranty (“this Guaranty”) is made by the undersigned (each a “Guarantor” and collectively, “Guarantors”) to and for the benefit of UNIFIED GROCERS, INC., a California corporation (hereinafter referred to as “Unified”) and for each and every of Unified’s direct or indirect and present or future subsidiaries, whether now or at anytime hereafter existing, including but not limited to Grocers Capital Company, a California corporation, Market Centre, a California corporation, Unified Grocers Insurance Services, Inc., a California corporation, Springfield Insurance Company, a California corporation, and Springfield Insurance Company Limited, a Bermuda corporation and those other direct and indirect and present and future subsidiaries who are or from time to time become parties to the Master Collateral Agency Agreement, dated as of September 1, 2008 (as amended, restated, modified or replaced from time to time, the “Master Collateral Agency Agreement”), as the same may be amended, resta
ELEVENTH AMENDMENT TO CONTINUING GUARANTYContinuing Guaranty • November 13th, 2018 • Fuel Tech, Inc. • Industrial & commercial fans & blowers & air purifing equip
This Eleventh Amendment to Continuing Guaranty (this “Amendment”), is made and entered into and is effective as of October 19, 2018 (the “Effective Date”), between Fuel Tech, Inc., a Delaware corporation (the “Guarantor”), and JPMorgan Chase Bank, N.A., for itself and each Lending Installation, including but not limited to JPMorgan Chase Bank (China) Company Limited (including but not limited to its Shanghai Branch, the “JPMC Chinese Affiliate”), and each of their respective successors and assigns (individually and collectively, the "Bank").
CONTINUING GUARANTYContinuing Guaranty • November 19th, 2002 • Colorado
This CONTINUING GUARANTY (this “Guaranty”) is dated as of , 2002, and entered into by ILLINOIS CONSOLIDATED TELEPHONE COMPANY (“Guarantor”) in favor of COBANK, ACB, as administrative agent (“Administrative Agent”), for the benefit of itself and the other Agents and Lenders as defined in the Credit Agreement (as hereinafter defined).
COAST CONTINUING GUARANTY Borrower: Pallet Technology, Inc. Poly Style Industries, Inc. Guarantor: FIXCOR Industries, Inc. Date: June 8, 1998 THIS CONTINUING GUARANTY is executed by the above-named guarantor (the "Guarantor"), as of the above date, in...Continuing Guaranty • July 15th, 1998 • Fix Corp International Inc • Plastic materials, synth resins & nonvulcan elastomers • California
CONTINUING GUARANTYContinuing Guaranty • July 21st, 2003 • Education Lending Group Inc • Personal credit institutions
CONTINUING GUARANTYContinuing Guaranty • May 25th, 2018 • Corning Natural Gas Holding Corp • Natural gas transmisison & distribution • New York
CONTINUING GUARANTYContinuing Guaranty • November 25th, 2005 • Western Gas Resources Inc • Natural gas distribution
THIS GUARANTY (this “Guaranty”) is made as of November 22, 2005, by the undersigned guarantor (whether one or more “Guarantor”, and if more than one jointly and severally), in favor of BANK OF AMERICA, N.A., as administrative agent for the Lenders under the Credit Agreement as defined below (in such capacity, “Agent”).
CONTINUING GUARANTYContinuing Guaranty • March 23rd, 2006 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
For value received and in consideration of the extension of credit by BANK OF THE WEST (the “Bank”) to ALPHATEC SPINE, INC. (the “Debtor”) or the benefits to the undersigned derived therefrom, the undersigned (each, a “Guarantor”), guarantees and promises to pay to the Bank any and all Indebtedness (as defined in Subsection 1 below) and agrees as follows:
SECOND AMENDED AND RESTATED CONTINUING GUARANTYContinuing Guaranty • August 3rd, 2018 • Nuvera Communications, Inc. • Telephone communications (no radiotelephone) • Colorado
This SECOND AMENDED AND RESTATED CONTINUING GUARANTY (this “Continuing Guaranty”) is jointly and severally made and entered into as of July 31, 2018, by NUVERA COMMUNICATIONS, INC., a Minnesota corporation (the “Borrower”), each of the signatories listed on the signature pages hereto as Guarantors and each of the other Persons that becomes a party hereto pursuant to Section 14 (the “Guarantors” and individually, a “Guarantor”), in favor of and for the benefit of COBANK, ACB, a federally chartered instrumentality of the United States of America (“CoBank”). This Continuing Guaranty amends and restates in its entirety that certain Amended and Restated Continuing Guaranty, dated as of December 31, 2014, made by the Borrower, Hutchinson Telephone Company, New Ulm Long Distance, Inc., New Ulm Cellular #9, Inc., New Ulm Phonery, Inc., Peoples Telephone Company, Western Telephone Company, Hutchinson Telecommunications, Inc., Hutchinson Cellular, Inc., Sleepy Eye Telephone Company, Tech Trends,
Continuing GuarantyContinuing Guaranty • October 6th, 2008 • Evans Bob Farms Inc • Retail-eating places • Ohio
Guaranty. To induce JPMorgan Chase Bank, N.A., whose address is 100 E. Broad St., Columbus, OH 43215 (together with its successors and assigns, the “Bank”), at its option, to make financial accommodations, make or acquire loans, extend or continue credit or some other benefit, including letters of credit and foreign exchange contracts, present or future, direct or indirect, and whether several, joint or joint and several, to BEF Holding Co., Inc. (whether one or more, the “Borrower”, individually and collectively, if more than one), and because the undersigned (the “Guarantor”) has determined that executing this Guaranty is in its interest and to its financial benefit, the Guarantor absolutely and unconditionally guarantees to the Bank, as primary obligor and not merely as surety, the performance of and full and prompt payment of the Liabilities when due, whether at stated maturity, by acceleration or otherwise. The Guarantor will not only pay the Liabilities, but will also reimburse t
SECOND AMENDED AND RESTATED CONTINUING GUARANTYContinuing Guaranty • March 27th, 2014 • Conns Inc • Retail-radio, tv & consumer electronics stores • California
This SECOND AMENDED AND RESTATED CONTINUING GUARANTY (as amended from time to time, this “Guaranty”), dated as of September 26, 2012, is executed by CONN’S, INC., a Delaware corporation (“Parent”), CAI HOLDING CO., a Delaware corporation (“CAIH”), CAI CREDIT INSURANCE AGENCY, INC., a Louisiana corporation (“CAIC”), CONN LENDING, LLC, a Delaware limited liability company (“CLL”), and CAIAIR, INC., a Delaware corporation (“CAIAIR”; together with Parent, CAIH, CAIC, and CLL collectively the “Existing Guarantors”) (the Existing Guarantors are sometimes individually referred to herein as “Guarantor” and collectively as “Guarantors”), in favor of BANK OF AMERICA, N.A., in its capacity as agent for Lenders (as hereinafter defined) (in such capacity, “Agent”), in light of the following facts:
CONTINUING GUARANTYContinuing Guaranty • June 21st, 2013 • Corporate Resource Services, Inc. • Services-help supply services • Colorado
CONTINUING GUARANTYContinuing Guaranty • June 26th, 2013 • Horsehead Holding Corp • Primary smelting & refining of nonferrous metals • Pennsylvania
CONTINUING GUARANTY For valuable consideration, the undersigned, Datron Advanced Technologies Inc. ("Guarantor"), unconditionally guarantees and promises to pay .U. S. Bank National Association, a national banking association ("Bank"), or order, on...Continuing Guaranty • June 14th, 2001 • Datron Systems Inc/De • Radio & tv broadcasting & communications equipment
Exhibit 10.6 CONTINUING GUARANTY (BUSINESS ORGANIZATION) GUARANTOR: PEOPLES EDUCATIONAL HOLDINGS, INC. 299 Market Street, Saddle Brook, New Jersey 07663 Address of Chief Executive Office a corporation organized under the laws of the State of Delaware...Continuing Guaranty • May 23rd, 2005 • Peoples Educational Holdings • Services-educational services • New York
CONTINUING GUARANTYContinuing Guaranty • March 23rd, 2011 • Utah Medical Products Inc • Surgical & medical instruments & apparatus
Liabilities. The term “Liabilities” means all obligations, indebtedness, and liabilities of the Borrower, whether alone or together with others, to the Bank or to JPMorgan Chase & Co., or any of their respective subsidiaries or affiliates or their successors, now existing or later arising, including, without limitation, all obligations under or arising with respect to that certain credit facility extended by JPMorgan Chase Bank, N.A., London Branch to Borrower pursuant to that certain £8,000,000 Facility Agreement dated March 10, 2011, all loans, advances, interest, costs, overdraft indebtedness (including but not limited to the amount of any overdraft, determined on a ledger and collected basis, existing at any time or from time to time in any demand deposit account maintained at the Bank by the Borrower [each such account, an “Affiliate Account”], including overdrafts caused by returned checks or other instruments or by withdrawals or transfers from an Affiliate Account against uncol
FIRST AMENDMENT TO THIRD LIEN CONTINUING GUARANTYContinuing Guaranty • November 4th, 2016 • Turtle Beach Corp • Communications equipment, nec • New York
This FIRST AMENDMENT TO THIRD LIEN CONTINUING GUARANTY (this “AMENDMENT”) is dated as of October 31, 2016, and is entered into by and among VTB HOLDINGS, INC., a Delaware corporation (“VTB HOLDINGS”), VOYETRA TURTLE BEACH, INC., a Delaware corporation (“VTB;” collectively, with VTB Holdings, jointly and severally, the “GUARANTORS” and each a “GUARANTOR”) and SG VTB HOLDINGS, LLC (the “LENDER”).
CONTINUING GUARANTYContinuing Guaranty • December 6th, 2016 • Greenwood Hall, Inc. • Services-management consulting services • New York
This Continuing Guaranty, dated as of October __, 2016 (“Guaranty”), is by John Hall, an individual (“Guarantor”), in favor of Moriah Education Management, LLC, a Delaware limited liability company (“Lender”).
