Continuing Unconditional Guaranty Sample Contracts
CONTINUING UNCONDITIONAL GUARANTY WHEREAS, MEDICAL TECHNOLOGY SYSTEMS, INC. and MTS PACKAGING SYSTEMS, INC. (collectively, the "Borrowers" and each a "Borrower") have entered into a Loan and Security Agreement dated of even date herewith (as amended,...Continuing Unconditional Guaranty • July 1st, 2002 • Medical Technology Systems Inc /De/ • General industrial machinery & equipment • Pennsylvania
WHEREAS, MEDICAL TECHNOLOGY SYSTEMS, INC. and MTS PACKAGING SYSTEMS, INC. (collectively, the "Borrowers" and each a "Borrower") have entered into a Loan and Security Agreement dated of even date herewith (as amended, restated or otherwise modified from time to time, the "Loan Agreement") with LASALLE BUSINESS CREDIT, INC., as Agent ("Agent"), STANDARD FEDERAL BANK, NATIONAL ASSOCIATION, as Lender ("Lender") and the Guarantors named therein (the "Guarantors") pursuant to which Agent and Lender have made or may from time to time hereafter, make loans and advances to or extend other financial accommodations to the Borrowers;
ContractContinuing Unconditional Guaranty • September 22nd, 2006 • Vsurance • Services-business services, nec • Illinois
1 EXHIBIT 10.4 CONTINUING UNCONDITIONAL GUARANTY This CONTINUING UNCONDITIONAL GUARANTY is executed as of June 23, 1998 (the "Guaranty"), by AASCHE TRANSPORTATION SERVICES, INC. (the "Guarantor"), whose address is c/o 10214 Mt. Vernon Road, Shannon,...Continuing Unconditional Guaranty • August 14th, 1998 • Aasche Transportation Services Inc • Trucking (no local) • Illinois
CONTINUING UNCONDITIONAL GUARANTY WHEREAS, PRIME GROUP VI, L.P., an Illinois limited partnership ("BORROWER") has entered into a Loan Agreement dated as of December 18, 1998, (the "LOAN AGREEMENT") with LASALLE NATIONAL BANK, a national banking...Continuing Unconditional Guaranty • March 4th, 1999 • Reschke Michael W • Real estate investment trusts • Illinois
CONTINUING UNCONDITIONAL GUARANTYContinuing Unconditional Guaranty • June 30th, 2011 • Zoo Entertainment, Inc • Services-prepackaged software
WHEREAS, Zoo Publishing, Inc., a New Jersey corporation (“Seller”) has executed and delivered that certain Deficiency Promissory Note dated of essentially even date herewith made payable to WORKING CAPITAL SOLUTIONS, INC. (“Purchaser”) in the original principal amount of $340,000.00, and has entered into that certain Termination Agreement Under Factoring and Security Agreement dated of essentially even date herewith with Purchaser (as amended, amended and restated or otherwise modified from time to time, the “Credit Documents”) pursuant to which Seller is to repay all amounts owed to Purchaser under that certain Factoring and Security Agreement dated September 9, 2009 (the “Factoring Agreement”);
CONTINUING UNCONDITIONAL GUARANTYContinuing Unconditional Guaranty • February 22nd, 2006 • MTS Medication Technologies, Inc /De/ • General industrial machinery & equipment • Pennsylvania
WHEREAS, MTS MEDICATION TECHNOLOGIES, INC. (formerly known as Medical Technology Systems, Inc.), and MTS PACKAGING SYSTEMS, INC. (collectively, the “Borrowers” and each a “Borrower”) have entered into a Loan and Security Agreement dated June 26, 2002 (as amended by that certain First Amendment to Loan and Security Agreement dated July 8th, 2003, that certain Second Amendment to Loan and Security Agreement dated June 18, 2004, that certain Third Amendment to Loan and Security Agreement of even date herewith and as the same may be further amended, restated or otherwise modified from time to time, the “Loan Agreement”) with LASALLE BUSINESS CREDIT, LLC, successor by merger to LaSalle Business Credit, Inc., as Agent (“Agent”), for LASALLE BANK MIDWEST NATIONAL ASSOCIATION (formerly known as Standard Federal Bank National Association), as Lender (“Lender”) and the Guarantors named therein pursuant to which Agent and Lender have made or may from time to time hereafter, make loans and advance
ContractContinuing Unconditional Guaranty • February 23rd, 2007 • Moscow Cablecom Corp • Cable & other pay television services • New York
THIS CONTINUING UNCONDITIONAL GUARANTY IS SUBORDINATED IN ALL RESPECTS TO THE INDEBTEDNESS, LIABILITIES AND OBLIGATIONS OWING BY THE GUARANTOR ARISING UNDER OR IN CONNECTION WITH THAT CERTAIN FACILITY AGREEMENT DATED AS OF AUGUST 26, 2004, AS AMENDED FROM TIME TO TIME (THE “FACILITY AGREEMENT”), AND MAY BE COLLECTED AND ENFORCED ONLY IN ACCORDANCE WITH THE TERMS OF THE SUBORDINATION AGREEMENT, DATED AS OF FEBRUARY 21, 2007, BY AND AMONG THE LENDER, AS DEFINED BELOW, AND THE AGENT UNDER THE FACILITY AGREEMENT (THE “SUBORDINATION AGREEMENT”).
CONTINUING UNCONDITIONAL GUARANTYContinuing Unconditional Guaranty • April 2nd, 2007 • United Development Funding III, LP • Miscellaneous business credit institution • Texas
This Continuing Unconditional Guaranty (this “Guaranty”) dated as of the 19th day of December, 2006 (the “Effective Date”), is made by Buffington Hidden Lakes GP, Inc., a Texas corporation (the “Guarantor”), for the benefit of United Development Funding III, L.P., a Delaware limited partnership and its successors and assigns (“Lender”).
EXHIBIT 10.18 CONTINUING UNCONDITIONAL GUARANTY WHEREAS, Amcon Distributing Company ("AMCON"), The Beverage Group, Inc. ("Beverage Group"), Hawaiian Natural Water Company, Inc. ("Hawaiian Natural"), Chamberlin Natural Foods, Inc. ("Chamberlin...Continuing Unconditional Guaranty • January 7th, 2005 • Amcon Distributing Co • Wholesale-groceries, general line • Illinois
Exhibit 99.3 CONTINUING UNCONDITIONAL GUARANTY This CONTINUING UNCONDITIONAL GUARANTY dated as of March 29, 2005 (the "Guaranty"), is executed by ROCKWELL TRANSPORTATION, INC., a Michigan corporation (the "Guarantor"), whose address is 30142 Wixom...Continuing Unconditional Guaranty • March 31st, 2005 • Rockwell Medical Technologies Inc • Electromedical & electrotherapeutic apparatus • Michigan
This CONTINUING UNCONDITIONAL GUARANTY dated as of March 29, 2005 (the "Guaranty"), is executed by ROCKWELL TRANSPORTATION, INC., a Michigan corporation (the "Guarantor"), whose address is 30142 Wixom Road, Wixom, Michigan 48393, to and for the benefit of STANDARD FEDERAL BANK NATIONAL ASSOCIATION, a national banking association (together with any of its affiliate or subsidiary corporations, or their successors or assigns, being collectively referred to herein as the "Bank"), whose address is 2600 West Big Beaver Road, Troy, Michigan 48084.
CONTINUING UNCONDITIONAL GUARANTYContinuing Unconditional Guaranty • November 14th, 2007 • United Development Funding III, LP • Miscellaneous business credit institution • Texas
This Continuing Unconditional Guaranty (this “Guaranty”) dated as of the 12th day of November, 2007 (the “Effective Date”), is made by UMT Holdings, L.P., a Delaware limited partnership (the “Guarantor”), for the benefit of United Development Funding III, L.P., a Delaware limited partnership and its affiliates, subsidiaries, successors and assigns (“Lender”).
EXHIBIT 4.3 CONTINUING UNCONDITIONAL GUARANTY WHEREAS, Eugene Welding Co. ("Borrower") has entered into a Loan and Security Agreement dated August 11th, 2004 (as amended, amended and restated or otherwise modified from time to time, the "Loan...Continuing Unconditional Guaranty • November 1st, 2004 • Tarpon Industries, Inc. • Michigan
CONTINUING UNCONDITIONAL GUARANTYContinuing Unconditional Guaranty • June 26th, 2008 • Sun Communities Inc • Real estate investment trusts • Michigan
This CONTINUING UNCONDITIONAL GUARANTY dated as of _______________, 2008 (the "Guaranty"), is executed by SUN COMMUNITIES OPERATING LIMITED PARTNERSHIP, a limited partnership, whose address is 27777 Franklin Road, Suite 200, Southfield, Michigan 48034 (the “Guarantor”), to and for the benefit of LASALLE BANK MIDWEST NATIONAL ASSOCIATION, a national banking association, whose address is 2600 West Big Beaver Road, Troy, Michigan 48084 (the “Bank”).
CONTINUING UNCONDITIONAL GUARANTY To induce the Provident Bank ("Provident") to give and continue to give credit to Jack of All Games, Inc. ("Borrower"), whether to Borrower alone or to Borrower and others, and in consideration of the extension of...Continuing Unconditional Guaranty • September 14th, 1998 • Take Two Interactive Software Inc • Services-prepackaged software
This absolute, continuing, unconditional and unrestricted guaranty is a guaranty of payment and not a guaranty of collection. Upon Borrower's failure to pay the Indebtedness promptly when due, Provident, at its sole option, may proceed against the undersigned (or any one or more of them if more than one) to collect the Indebtedness, with or without proceeding against the Borrower, any co-maker or co-surety or co-guarantor, any indorser or any collateral held as security for the Indebtedness. Any and all payments upon the Indebtedness made by the Borrower, the undersigned, or any other person, and the proceeds of any and all collateral securing the payment o the Indebtedness and this guaranty, may be applied by Provident in whatever manner it may determine, it its sole discretion. The undersigned agrees to reimburse Provident for all expenses of any nature whatsoever including, without limitation, attorneys' fees incurred or paid by Provident in exercising any right, power or remedy con
CONTINUING UNCONDITIONAL GUARANTY OF THOMAS W. ITINContinuing Unconditional Guaranty • August 14th, 1997 • Williams Controls Inc • Motor vehicle parts & accessories • Oregon
CONTINUING UNCONDITIONAL GUARANTYContinuing Unconditional Guaranty • August 31st, 2007 • Logistical Support, Inc • Aircraft parts & auxiliary equipment, nec • Massachusetts
This CONTINUING UNCONDITIONAL GUARANTY (this “Guaranty”), is made this 24th day of August, 2007, by LOGISTICAL SUPPORT, INC., a Utah corporation, having a mailing address at 19734 Dearborn Street, Chatsworth, California 91311 (the “Guarantor”) in favor of and for the benefit and security of DUTCHESS PRIVATE EQUITIES FUND, LTD., having a mailing address at 50 Commonwealth Avenue, Suite 2, Boston, Massachusetts 02116 (the “Secured Party”).
CONTINUING UNCONDITIONAL GUARANTYContinuing Unconditional Guaranty • June 11th, 2008 • Wherify Wireless Inc • Services-prepackaged software • New York
WHEREAS, Wherify Wireless, Inc., a Delaware corporation, as borrower (“Borrower”) and each Guarantor (as defined in the Security Agreement), from time to time party thereto are entering into that certain Security Agreement dated as of _____ __, 2008 (as may be amended, restated, supplemented or otherwise modified from time to time, the “Security Agreement”; all capitalized terms used herein shall have the same meanings ascribed to them in the Security Agreement unless otherwise expressly stated) with the Secured Party (as defined in the Security Agreement) (the “Lender”), pursuant to which Lender is concurrently purchasing an aggregate principal amount of up to $800,000 of the Borrower’s senior secured convertible bridge notes (the “Bridge Note(s)”); and
AMENDMENT, RATIFICATION AND CONFIRMATION OF CONTINUING UNCONDITIONAL GUARANTYContinuing Unconditional Guaranty • February 14th, 2007 • MTS Medication Technologies, Inc /De/ • General industrial machinery & equipment • Pennsylvania
THIS AMENDMENT, RATIFICATION AND CONFIRMATION OF CONTINUING UNCONDITIONAL GUARANTY (“Agreement”) is dated this 31st day of January, 2007 by and between MTS MEDICATION TECHNOLOGIES LIMITED (formerly known as MTS Packaging Systems International, Ltd.) (“Guarantor”) and LASALLE BUSINESS CREDIT, LLC, successor by merger to LaSalle Business Credit, Inc., as Agent (“Agent”) for LASALLE BANK MIDWEST NATIONAL ASSOCIATION (formerly known as Standard Federal Bank National Association) (“Lender”).
FORM OF CONTINUING UNCONDITIONAL GUARANTYContinuing Unconditional Guaranty • March 29th, 2010 • Ada-Es Inc • Miscellaneous chemical products • Colorado
THIS CONTINUING UNCONDITIONAL GUARANTY (this “Guaranty”), is made and executed as of the 26th day of October, 2009, by ADA-ES, Inc., a Colorado corporation (“ADA”) in favor of NexGen Refined Coal Holdings, LLC, a Wyoming limited liability company (“NexGen”).
CONTINUING UNCONDITIONAL GUARANTY (Optional)Continuing Unconditional Guaranty • January 20th, 2020 • Colorado
This Personal Continuing Unconditional Guaranty (“Guaranty”) is executed by the undersigned (“Guarantor”) in favor of NGL Crude Logistics LLC (the “Beneficiary”).
CONTINUING UNCONDITIONAL GUARANTYContinuing Unconditional Guaranty • May 24th, 2006 • Hunt J B Transport Services Inc • Trucking (no local) • Illinois
This CONTINUING UNCONDITIONAL GUARANTY dated as of May 19, 2006 (the “Guaranty”), is executed by J.B. Hunt Transport, Inc., a Georgia corporation (the “Guarantor”), whose address is 615 J.B. Hunt Corporate Drive, Lowell, Arkansas 72745, to and for the benefit of LASALLE BANK NATIONAL ASSOCIATION, a national banking association (together with any of its affiliate or subsidiary corporations, or their successors or assigns, being collectively referred to herein as the “Bank”), whose address is 135 South La Salle Street, Chicago, Illinois 60603.
AMENDMENT, RATIFICATION AND CONFIRMATION OF CONTINUING UNCONDITIONAL GUARANTYContinuing Unconditional Guaranty • December 4th, 2006 • MTS Medication Technologies, Inc /De/ • General industrial machinery & equipment • Pennsylvania
THIS AMENDMENT, RATIFICATION AND CONFIRMATION OF CONTINUING UNCONDITIONAL GUARANTY (“Agreement”) is dated this 30th day of November, 2006 by and between BAF PRINTERS LIMITED (“Guarantor”) and LASALLE BUSINESS CREDIT, LLC, successor by merger to LaSalle Business Credit, Inc., as Agent (“Agent”) for LASALLE BANK MIDWEST NATIONAL ASSOCIATION (formerly known as Standard Federal Bank National Association) (“Lender”).
CONTINUING UNCONDITIONAL GUARANTYContinuing Unconditional Guaranty • September 19th, 2005 • Obsidian Enterprises Inc • Sheet metal work • Illinois
WHEREAS, United ExpressLine, Inc. ("Borrower") has entered into a Loan and Security Agreement dated as of July 19, 2005 (as amended, amended and restated or otherwise modified from time to time, the "Loan Agreement") with LaSalle Business Credit, LLC ("Lender") pursuant to which Lender has made or may, in its sole discretion, from time to time hereafter, make loans and advances to or extend other financial accommodations to Borrower;
AMENDMENT, RATIFICATION AND CONFIRMATION OF CONTINUING UNCONDITIONAL GUARANTYContinuing Unconditional Guaranty • December 4th, 2006 • MTS Medication Technologies, Inc /De/ • General industrial machinery & equipment • Pennsylvania
THIS AMENDMENT, RATIFICATION AND CONFIRMATION OF CONTINUING UNCONDITIONAL GUARANTY (“Agreement”) is dated this 30th day of November, 2006 by and among MEDICATION MANAGEMENT TECHNOLOGIES, INC. (“MMT”), MEDICATION MANAGEMENT SYSTEMS, INC. (“MMS”), MEDICAL TECHNOLOGY LABORATORIES, INC. (“MTL” and together with MMT and MMS, collectively, the “Guarantors” and each a “Guarantor”) and LASALLE BUSINESS CREDIT, LLC, successor by merger to LaSalle Business Credit, Inc., as Agent (“Agent”) for LASALLE BANK MIDWEST NATIONAL ASSOCIATION (formerly known as Standard Federal Bank National Association) (“Lender”).
CONTINUING UNCONDITIONAL GUARANTY THIS GUARANTY (this "Guaranty") is made as of February 25, 1998, by AMCON DISTRIBUTING COMPANY, a Delaware corporation (hereinafter, together with its successors and permitted assigns, the "Guarantor"), to and for the...Continuing Unconditional Guaranty • May 11th, 1998 • Amcon Distributing Co • Wholesale-groceries, general line • Illinois
THIS GUARANTY (this "Guaranty") is made as of February 25, 1998, by AMCON DISTRIBUTING COMPANY, a Delaware corporation (hereinafter, together with its successors and permitted assigns, the "Guarantor"), to and for the benefit of LASALLE NATIONAL BANK, a national banking association (hereinafter, together with its successors and assigns, the "Bank").
CONTINUING UNCONDITIONAL GUARANTY (Hong Kong Corporate Guarantor)Continuing Unconditional Guaranty • July 27th, 2007 • Pacific Cma Inc • Terminal maintenance facilities for motor freight transport • New York
WHEREAS, Airgate International Corporation, a New York corporation, as borrower (“Borrower”) and the Guarantors (as defined in the Loan Agreement), from time to time party thereto are entering into that certain Loan and Security Agreement dated as of July 17, 2007 (as may be amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”; all capitalized terms used herein shall have the same meanings ascribed to them in the Loan Agreement unless otherwise expressly stated) with BHC INTERIM FUNDING II, L.P., a Delaware limited partnership (the “Lender”), pursuant to which Lender is concurrently making a secured term loan to Borrower (the “Term Loan”); and
CONTINUING UNCONDITIONAL GUARANTYContinuing Unconditional Guaranty • August 8th, 2008 • Agree Realty Corp • Real estate investment trusts • Michigan
This CONTINUING UNCONDITIONAL GUARANTY dated as of July 14, 2008 (the “Guaranty”), is executed by AGREE REALTY CORPORATION, a Maryland corporation, whose address is 31850 Northwestern Highway, Farmington Hills, Michigan 48334 (the “Guarantor”), to and for the benefit of LASALLE BANK MIDWEST NATIONAL ASSOCIATION, a national banking association, whose address is 2600 West Big Beaver Road, Troy, Michigan 48084 (in its individual capacity, “LaSalle”), as Agent for itself and the other Banks party to a Loan Agreement of even date herewith (in such capacity, “Agent”), among AGREE LIMITED PARTNERSHIP, a Delaware limited partnership (the “Borrower”), LaSalle, as Agent, and LaSalle and RAYMOND JAMES BANK, FSB, as Banks (as defined in the Loan Agreement) (the “Banks”), as amended, supplemented, restated or otherwise modified from time to time (the “Loan Agreement”).
CONTINUING UNCONDITIONAL GUARANTYContinuing Unconditional Guaranty • November 14th, 2006 • United Development Funding III, LP • Miscellaneous business credit institution • Texas
This Continuing Unconditional Guaranty (this “Guaranty”) dated as of the 27th day of September, 2006 (the “Effective Date”), is made by Joe Fogarty, Nancy Fogarty, individuals domiciled in Harris County, Texas, and The Fogarty Family Trust (collectively, the “Guarantors”), for the benefit of United Development Funding III, L.P., a Delaware limited partnership and its affiliates, subsidiaries, successors and assigns (“Lender”).