Continuing Guaranty Agreement Sample Contracts

MR2 Group, Inc. – Continuing Guaranty Agreement (October 16th, 2018)

This guaranty is an absolute, unconditional, present and continuing guarantee of payment and not of collectability and is in no manner conditional or contingent upon any attempt to collect from Seller or any other person, or upon any other condition or contingency. Guarantor understands that if Seller fails to perform or pay promptly any of its obligations to Buyer, or files a petition in bankruptcy, reorganization or insolvency, or makes an assignment for the benefit of creditors, Buyer may accelerate the performance or payment of Seller's obligations.

Lm Funding America, Inc. – Irrevocable Continuing Guaranty Agreement (April 4th, 2017)

THIS IRREVOCABLE CONTINUING GUARANTY AGREEMENT (this "Guaranty") is effective as of March 15, 2017 and entered into this 31st day of March, 2017, by LM FUNDING AMERICA, INC., a Delaware corporation ("Guarantor"), and delivered to HEARTLAND BANK, an Arkansas state bank ("Lender"), with respect to the following facts:

Continuing Guaranty Agreement (June 6th, 2016)

THIS CONTINUING GUARANTY AGREEMENT (this "Guaranty") made as of June 2, 2016 by and between JETPAY CORPORATION, a Delaware corporation ("Guarantor") and FIFTH THIRD BANK, an Ohio banking corporation ("Lender").

Continuing Guaranty Agreement (June 6th, 2016)

THIS CONTINUING GUARANTY AGREEMENT (this "Guaranty") made as of June 2, 2016 by and between JETPAY CORPORATION, a Delaware corporation ("Guarantor") and FIFTH THIRD BANK, an Ohio banking corporation ("Lender").

Lm Funding America, Inc. – Irrevocable Continuing Guaranty Agreement (June 25th, 2015)

THIS IRREVOCABLE CONTINUING GUARANTY AGREEMENT (Guaranty) is made and entered into this 30th day of December, 2014, by LM FUNDING, LLC, a Florida limited liability company, CGR63, LLC, a Florida limited liability company, LM FUNDING MANAGEMENT, LLC, a Florida limited liability company (each, a Guarantor and collectively, the Guarantors), and delivered to HEARTLAND BANK, an Arkansas state bank (Lender), with respect to the following facts:

Continuing Guaranty Agreement (July 15th, 2014)

This CONTINUING GUARANTY AGREEMENT ("Guaranty"), is entered into as of July 9, 2014, by DECKERS OUTDOOR CORPORATION, a Delaware corporation ("Guarantor") in favor of CALIFORNIA BANK & TRUST, a California banking corporation ("Lender").

Continuing Guaranty Agreement (November 7th, 2011)

THIS CONTINUING GUARANTY AGREEMENT (Guaranty), entered into as of the 31st day of October, 2011 by LIME ENERGY CO., a Delaware corporation, and LIME ENERGY ASSET DEVELOPMENT, LLC, a Delaware limited liability company (together, Guarantor) with a mailing address of 16810 Kenton Drive, Suite 240, Huntersville, NC 28078, to RBC BANK (USA) (Bank), with a mailing address of Post Office Box 1220, Rocky Mount, North Carolina 27802-1220.

CNL Growth Properties, Inc. – RBC Bank Limited Continuing Guaranty Agreement October 17, 2011 Orlando, Florida (October 20th, 2011)

THIS LIMITED CONTINUING GUARANTY AGREEMENT (Guaranty), entered into as of October 17, 2011, by GLOBAL GROWTH TRUST, INC., a Maryland corporation (Guarantor, whether one or more) with a mailing address of 450 South Orange Avenue, Orlando, Florida 32801, to RBC BANK (USA) (Bank), with a mailing address of Post Office Box 1220, Rocky Mount, North Carolina 27802-1220.

Streamline Health Solutions, Inc. – Amendment No. 1 to Amended and Restated Continuing Guaranty Agreement (April 18th, 2011)

This AMENDMENT NO. 1 TO AMENDED AND RESTATED CONTINUING GUARANTY AGREEMENT (this Amendment) is dated as of April 13, 2011 between STREAMLINE HEALTH SOLUTIONS, INC. (Guarantor) and FIFTH THIRD BANK, an Ohio banking corporation (Lender).

Continuing Guaranty Agreement (August 18th, 2010)

THIS CONTINUING GUARANTY AGREEMENT (this Guaranty) is made as of June 16, 2010, by SB/RH HOLDINGS, LLC, a Delaware limited liability company (Holdings or the Guarantor), in favor of BANK OF AMERICA, N.A., a national banking association, with an address at 200 Glastonbury Boulevard, Glastonbury, Connecticut 06033, in its capacity as administrative agent (together with its successors in such capacity, Agent) for certain financial institutions (Lenders; Agent and each of the Lenders is sometimes referred to individually hereinafter as a Guaranteed Party and, collectively, as the Guaranteed Parties) party to the Loan Agreement (as defined below), and such Lenders.

Amended and Restated Continuing Guaranty Agreement (February 1st, 2010)

This AMENDED AND RESTATED CONTINUING GUARANTY AGREEMENT (the Guaranty) is made and entered into as of the 29th day of January, 2010, by the undersigned Guarantor (whether one or more the Guarantor, and if more than one jointly and severally), in favor of U.S. BANK, NATIONAL ASSOCIATION, in its capacity as collateral agent (together with its permitted successors and assigns, the Collateral Agent) pursuant to the Intercreditor Agreement (as hereafter defined), for the benefit of the Secured Parties (as defined in the Intercreditor Agreement). Unless otherwise indicated herein, all terms used with their initial letter capitalized are used herein with their meaning as defined in the Intercreditor Agreement.

Amended and Restated Continuing Guaranty Agreement (February 1st, 2010)

This AMENDED AND RESTATED CONTINUING GUARANTY AGREEMENT (the Guaranty) is made and entered into as of the 29th day of January, 2010, by the undersigned Guarantor (whether one or more the Guarantor, and if more than one jointly and severally), in favor of U.S. BANK, NATIONAL ASSOCIATION, in its capacity as collateral agent (together with its permitted successors and assigns, the Collateral Agent) pursuant to the Intercreditor Agreement (as hereafter defined), for the benefit of the Secured Parties (as defined in the Intercreditor Agreement). Unless otherwise indicated herein, all terms used with their initial letter capitalized are used herein with their meaning as defined in the Intercreditor Agreement.

Streamline Health Solutions, Inc. – Fifth Third Bank Amended and Restated Continuing Guaranty Agreement (October 26th, 2009)

THIS AMENDED AND RESTATED CONTINUING GUARANTY AGREEMENT (the Guaranty) made as of October 21, 2009 by and between Streamline Health Solutions, Inc., a Delaware corporation located at 10200 Alliance Road, Cincinnati, Hamilton County, Ohio 45242 (the Guarantor) and Fifth Third Bank, an Ohio banking corporation located at 38 Fountain Square Plaza, Cincinnati, Hamilton County, Ohio 45263 for itself and as agent for any affiliate of Fifth Third Bancorp (Beneficiary).

Continuing Guaranty Agreement (September 1st, 2009)

This CONTINUING GUARANTY AGREEMENT (the Guaranty) is made and entered into as of the 28th day of August, 2009, by the undersigned Guarantor (whether one or more the Guarantor, and if more than one jointly and severally), in favor of U.S. BANK, NATIONAL ASSOCIATION, in its capacity as collateral agent (together with its permitted successors and assigns, the Collateral Agent) pursuant to the Intercreditor Agreement (as hereafter defined), for the benefit of the Secured Parties (as defined in the Intercreditor Agreement). Unless otherwise indicated herein, all terms used with their initial letter capitalized are used herein with their meaning as defined in the Intercreditor Agreement.

Continuing Guaranty Agreement (September 1st, 2009)

This CONTINUING GUARANTY AGREEMENT (the Guaranty) is made and entered into as of the 28th day of August, 2009, by the undersigned Guarantor (whether one or more the Guarantor, and if more than one jointly and severally), in favor of U.S. BANK, NATIONAL ASSOCIATION, in its capacity as collateral agent (together with its permitted successors and assigns, the Collateral Agent) pursuant to the Intercreditor Agreement (as hereafter defined), for the benefit of the Secured Parties (as defined in the Intercreditor Agreement). Unless otherwise indicated herein, all terms used with their initial letter capitalized are used herein with their meaning as defined in the Intercreditor Agreement.

Streamline Health Solutions, Inc. – Continuing Guaranty Agreement (January 9th, 2009)

THIS CONTINUING GUARANTY AGREEMENT (the Guaranty) made as of January 6, 2009 by and between Streamline Health Solutions, Inc., a Delaware corporation located at 10200 Alliance Road, Cincinnati, Hamilton County, Ohio 45242 (the Guarantor) and Fifth Third Bank, an Ohio banking corporation located at 38 Fountain Square Plaza, Cincinnati, Hamilton County, Ohio 45263 for itself and as agent for any affiliate of Fifth Third Bancorp (Beneficiary).

Continuing Guaranty Agreement (November 26th, 2008)

THIS CONTINUING GUARANTY AGREEMENT (this "Guaranty") is made on November 21, 2008, by ANCHOR FUNDING SERVICES, INC., a Delaware corporation with a mailing address at 10801 Johnston Road, Suite 210, Charlotte, North Carolina 28226 ("Guarantor"), in favor of each of the financial institutions (collectively, "Lenders") now or hereafter parties to the Loan Agreement (as defined below) and TEXTRON FINANCIAL CORPORATION, a Delaware corporation with a mailing address at 11575 Great Oaks Way, Suite 210, Alpharetta, Georgia 30022, as administrative and collateral agent (in such capacity, together with its successors in such capacity, the "Agent") for each of the Lenders (Agent and each Lender being referred to individually as a "Guaranteed Party" and collectively as the "Guaranteed Parties").

Home Federal Holdings CORP – FORM OF CONTINUING GUARANTY AGREEMENT (Individual Guarantor) (October 31st, 2008)

THIS CONTINUING GUARANTY AGREEMENT (this Guaranty) is made this 9th day of October, 2008, by , an individual who resides at (Guarantor), in favor of PEOPLES STATE BANK OF COMMERCE, a bank organized under the laws of the State of Tennessee with a mailing address at 7122 Nolensville Road, Nolensville, Tennessee 37135 (together with its successors and assigns, Lender).

Amended and Restated Continuing Guaranty Agreement (August 11th, 2008)

THIS AMENDED AND RESTATED CONTINUING GUARANTY AGREEMENT (this Guaranty) is made on August 5, 2008, by SUPERIOR ESSEX INC., a Delaware corporation (SEI); SUPERIOR ESSEX HOLDING CORP., a Delaware corporation (Parent); SE COMMUNICATIONS GP INC., a Delaware corporation (SEC GP); ESSEX INTERNATIONAL INC., a Delaware corporation (Essex International); ESSEX CANADA INC., a Delaware corporation (Essex Canada); ESSEX GROUP MEXICO INC., a Delaware corporation (Essex Mexico); and ESSEX MEXICO HOLDINGS, L.L.C., a Delaware limited liability company (EMH; SEI, Parent, SEC GP, Essex International, Essex Canada, Essex Mexico, and EMH are collectively referred to herein as Guarantors and individually as Guarantor), in favor of each of the financial institutions (collectively, Lenders) now or hereafter parties to the Loan Agreement (as defined below) and BANK OF AMERICA, N.A., a national banking association with a mailing address at 300 Galleria Parkway, N.W., Suite 800, Atlanta, Georgia 30339, as admi

Continuing Guaranty Agreement (August 11th, 2008)

THIS CONTINUING GUARANTY AGREEMENT (this Guaranty) is made on August 5, 2008, by SUPERIOR ESSEX COMMUNICATIONS LP, a Delaware limited partnership with a mailing address at 6120 Powers Ferry Road, Suite 150, Atlanta, Georgia 30339, and ESSEX GROUP, INC., a Michigan corporation with a mailing address at 1601 Wall Street, Fort Wayne, Indiana 46802 (each herein called a Guarantor and collectively, Guarantors), in favor of each of the financial institutions (collectively, Lenders) now or hereafter parties to the Loan Agreement (as defined below) and BANK OF AMERICA, N.A., a national banking association with a mailing address at 300 Galleria Parkway, N.W., Suite 800, Atlanta, Georgia 30339, as administrative and collateral agent (in such capacity, together with its successors in such capacity, Agent) for each of Lenders and the other Credit Parties (as defined in the Loan Agreement) (Agent and each other Credit Party being referred to individually as a Guaranteed Party and collectively as

Streamline Health Solutions, Inc. – Fifth Third Bank Continuing Guaranty Agreement (August 1st, 2008)

THIS CONTINUING GUARANTY AGREEMENT (the Guaranty) made as of July 30, 2008 by and between Streamline Health Solutions, Inc., a Delaware corporation located at 10200 Alliance Road, Cincinnati, Hamilton County, Ohio 45242 (the Guarantor) and Fifth Third Bank, an Ohio banking corporation located at 38 Fountain Square Plaza, Cincinnati, Hamilton County, Ohio 45263 for itself and as agent for any affiliate of Fifth Third Bancorp (Beneficiary).

Atlas Resources Public #18-2009 (B) L.P. – Continuing Guaranty Agreement Dated December 18, 2006 by Atlas Energy Resources, Llc in Favor of Wachovia Bank, National Association, as Administrative Agent for the Lenders (May 15th, 2008)
Streamline Health Solutions, Inc. – Fifth Third Bank Continuing Guaranty Agreement (January 8th, 2008)

THIS CONTINUING GUARANTY AGREEMENT (the Guaranty) made as of December 14, 2007 by and between Streamline Health Solutions, Inc., a Delaware corporation located at 10200 Alliance Road, Cincinnati, Hamilton County, Ohio 45242 (the Guarantor) and Fifth Third Bank, an Ohio banking corporation located at 38 Fountain Square Plaza, Cincinnati, Hamilton County, Ohio 45263 for itself and as agent for any affiliate of Fifth Third Bancorp (Beneficiary).

Fortified Holdings Corp. – Continuing Guaranty Agreement (September 19th, 2007)

This CONTINUING GUARANTY AGREEMENT (the Guaranty), dated as of September 13th, 2007 by FORTIFIED DATA COMMUNICATIONS, INC., a Delaware corporation (the Guarantor), in favor of THOMAS KEENAN VENTURES, LLC (TKV).

Atlas Resources Public #17-2008 (C) L.P. – Continuing Guaranty Agreement Dated December 18, 2006 by Atlas Energy Resources, Llc in Favor of Wachovia Bank, National Association, as Administrative Agent for the Lenders (June 27th, 2007)
Fortified Holdings Corp. – [Form Of] Continuing Guaranty Agreement (June 7th, 2007)

This CONTINUING GUARANTY AGREEMENT (the Guaranty), dated as of May __, 2007 by AEGIS MERGER CORPORATION, a Delaware corporation (the Guarantor), in favor of THOMAS KEENAN VENTURES, LLC (TKV).

Atlas America Series 27-2006 LP – Continuing Guaranty Agreement Dated December 18, 2006 by Atlas Energy Resources, Llc in Favor of Wachovia Bank, National Association, as Administrative Agent for the Lenders Continuing Guaranty Agreement (April 30th, 2007)

THIS CONTINUING GUARANTY AGREEMENT (this Guaranty Agreement), dated as of December 18, 2006, is made by ATLAS ENERGY RESOURCES, LLC, a Delaware limited liability company (the Guarantor), in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders (the Administrative Agent).

Atlas Resources Public #16-2007 (A) L.P. – Continuing Guaranty Agreement Dated December 18, 2006 by Atlas Energy Resources, Llc in Favor of Wachovia Bank, National Association, as Administrative Agent for the Lenders (January 16th, 2007)

THIS CONTINUING GUARANTY AGREEMENT (this "Guaranty Agreement"), dated as of December 18, 2006, is made by ATLAS ENERGY RESOURCES, LLC, a Delaware limited liability company (the "Guarantor"), in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders (the "Administrative Agent").

Atlas Energy Resources Llc – Continuing Guaranty Agreement (December 22nd, 2006)

THIS CONTINUING GUARANTY AGREEMENT (this Guaranty Agreement), dated as of December 18, 2006, is made by ATLAS ENERGY RESOURCES, LLC, a Delaware limited liability company (the Guarantor), in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders (the Administrative Agent).

Enclaves Group Inc – Continuing Guaranty Agreement (January 23rd, 2006)

WHEREAS, ENCLAVES GROUP, INC., a Delaware corporation (hereinafter referred to as the Guarantors, whether one or more) has agreed to guarantee, jointly and severally, the payment of all credit heretofore or hereafter extended and all advances heretofore or hereafter made by ORION BANK, its successors and/or assigns (hereinafter referred to as the Bank) to ENCLAVES OF EAGLE NEST LLC, a Florida limited liability company (hereinafter referred to as the Borrower), and of all other Liabilities (as hereinafter defined) of the Borrower to the Bank.

Applica – Exhibit 10.4 AMENDED AND RESTATED CONTINUING GUARANTY AGREEMENT (December 23rd, 2005)

THIS AMENDED AND RESTATED CONTINUING GUARANTY AGREEMENT (this Guaranty) is made this 23rd day of December, 2005, by the Guarantors identified below (individually referred to as a Guarantor and collectively as the Guarantors), in favor of each of the financial institutions (collectively, the Lenders) now or hereafter parties to the Second Amended Credit Agreement (as defined below) and BANK OF AMERICA, N.A., a national banking association, as administrative and collateral agent (together with its successors in such capacity, the Agent) for each of the Lenders (Agent and each Lender being referred to individually as a Guaranteed Party and collectively as the Guaranteed Parties).

Continuing Guaranty Agreement (December 15th, 2005)

THIS CONTINUING GUARANTY AGREEMENT (this Guaranty Agreement), dated as of December 9, 2005, is made by MATTEL, INC., a Delaware corporation (the Guarantor) to BANK OF AMERICA, N.A., a national banking association organized and existing under the laws of the United States, as administrative agent (in such capacity, the Administrative Agent) for each of the lenders (the Lenders now or hereafter party to the Credit Agreement defined below, collectively with the Administrative Agent, the Guarantied Parties). All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement.

Tesoro Enterprises, Inc. – Continuing Guaranty Agreement (August 26th, 2005)

This CONTINUING GUARANTY AGREEMENT (the Guaranty) is made as of this 25th day of August, 2005 by IWT TESORO INTERNATIONAL LTD., a Bermuda corporation, IWT TESORO TRANSPORT, INC., a Florida corporation, THE TILE CLUB, INC., a Delaware corporation, and IMPORT FLOORING GROUP, INC., a Delaware corporation (collectively, Guarantor) in favor and for the benefit of LAURUS MASTER FUND, LTD. (Lender).

Contract (April 15th, 2005)

Exhibit 10.3 JOINT AND SEVERAL CONTINUING GUARANTY AGREEMENT This JOINT AND SEVERAL CONTINUING GUARANTY AGREEMENT (the "GUARANTY"), dated as of April 13, 2005, jointly and severally by OMR SYSTEMS CORPORATION, a New Jersey corporation (collectively with each Joinder Party (defined herein), if any, the "GUARANTOR"), in favor of FLEET NATIONAL BANK, a Bank of America company ("Lender"). PREAMBLE In consideration of and as a material inducement for the Lender having extended or in the future extending loans, advances or otherwise giving credit to, or on behalf of, SS&C Technologies, Inc. a Delaware corporation (the "BORROWER"), under a $75,000,000 revolving line of credit (the "LOAN"), such Loan being made pursuant to the terms and conditions of, and evidenced by, among other things, a Credit Agreement dated as of the date hereof between the Borrower and the Lender (as the same ma

Lionbridge – Continuing Guaranty Agreement (February 28th, 2005)

This CONTINUING DOMESTIC GUARANTY AGREEMENT (the Guaranty), dated as of December 23, 2004, jointly and severally by LIONBRIDGE TECHNOLOGIES, INC., a Delaware corporation (LTI), LIONBRIDGE US, INC., a Delaware corporation (LBUS), VERITEST, INC., Delaware corporation (VeriTest), MENTORIX TECHNOLOGIES, INC., a California corporation (Mentorix, and each of LTI, LBUS, VeriTest, Mentorix and each Joinder Party (defined herein), if any, a Guarantor and collectively, the Guarantors), in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (Wachovia), HSBC BANK USA, NATIONAL ASSOCIATION, a national banking association (HSBC, and together with Wachovia, the Lenders), and HSBC BANK USA, NATIONAL ASSOCIATION, as administrative agent for itself and Wachovia and HSBC as lenders (the Agent).