General Continuing Guaranty Sample Contracts

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GENERAL CONTINUING GUARANTY
General Continuing Guaranty • February 25th, 2011 • Servicesource International LLC • Services-business services, nec • California

This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of April 29, 2008, is executed and delivered by SERVICESOURCE INTERNATIONAL INC., a Delaware corporation (“Guarantor”), in favor of WELLS FARGO FOOTHILL, INC., a California corporation, as arranger and administrative agent for the below defined Lenders (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:

GENERAL CONTINUING GUARANTY
General Continuing Guaranty • April 29th, 2010 • Realpage Inc • California

This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of November 6, 2009 is executed and delivered by PROPERTYWARE, INC., a California corporation (“Guarantor”), in favor of WELLS FARGO FOOTHILL, LLC, a Delaware limited liability company, as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:

GENERAL CONTINUING GUARANTY
General Continuing Guaranty • February 8th, 2007 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York

This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of November 5, 2004, is executed and delivered by the Persons listed on the signature page(s) hereof under the caption “Guarantor” and any additional entities acceding hereto (collectively, jointly and severally, the “Guarantors” and each a “Guarantor”), in favor of WELLS FARGO FOOTHILL, INC., a California corporation, as arranger and administrative agent for the below defined Lenders (in such capacity, together with its successors and assigns, if any, “Agent”), in light of the following:

GENERAL CONTINUING GUARANTY
General Continuing Guaranty • October 4th, 2017 • Novume Solutions, Inc. • Communications equipment, nec • Texas

This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of October 4, 2017, is executed and delivered by NOVUME SOLUTIONS, INC., a Delaware corporation (“Guarantor”), in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“WFB”), in light of the following:

EX-10.76 8 micr-20171231xex10_76.htm EX-10.76 GENERAL CONTINUING GUARANTY
General Continuing Guaranty • May 5th, 2020 • Massachusetts

This GENERAL CONTINUING GUARANTY (this "Guaranty"), dated as of December 29, 2017, is executed and delivered by Micron Solutions, Inc., a Delaware corporation (the "Guarantor"), in favor of Rockland Trust Company, a Massachusetts trust company (together with its successors and assigns, "Lender"), in light of the following:

GENERAL CONTINUING GUARANTY
General Continuing Guaranty • May 19th, 2011 • Nexaira Wireless Inc. • Communications equipment, nec • New York

This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of May 16, 2011 is executed and delivered by NEXAIRA WIRELESS. INC., a Nevada corporation (“Guarantor”), with an address at 6650 Lusk Boulevard, Suite B203 San Diego, California 92121, in favor of CENTURIION CREDIT FUNDING LLC, a Delaware limited liability company, with an address at 152 West 57th Street, 54th Floor, New York, New York 10019, Attn: David Steinberg, as lender (together with its successors and assigns, if any, “Lender”).

GENERAL CONTINUING GUARANTY
General Continuing Guaranty • July 31st, 2014 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York

This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of July 30, 2014, is executed and delivered by ARES COMMERCIAL REAL ESTATE CORPORATION, a Maryland corporation (“Guarantor”) in favor of CITY NATIONAL BANK, a national banking association, as the arranger and administrative agent for the Lender Group (in such capacity, together with its successors and permitted assigns in such capacity, “Agent”), in light of the following:

GENERAL CONTINUING GUARANTY
General Continuing Guaranty • December 29th, 2011 • Renewable Energy Group, Inc. • Industrial organic chemicals • California

This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of December 23, 2011, is executed and delivered by RENEWABLE ENERGY GROUP, INC., an Iowa corporation (“Guarantor”), in favor of WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:

GENERAL CONTINUING GUARANTY
General Continuing Guaranty • November 16th, 2009 • Stanadyne Holdings, Inc. • Motor vehicle parts & accessories • New York

This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of August 13, 2009, is executed and delivered by STANADYNE INTERMEDIATE HOLDING CORP., a Delaware corporation, and any additional Persons that hereafter become parties hereto by executing a Supplement in the form of Annex 1 hereto (collectively, jointly and severally, “Guarantors”, and each individually, a “Guarantor”), in favor of WELLS FARGO FOOTHILL, LLC, a Delaware limited liability company, as administrative agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”, and it its individual capacity, “WFF”), in light of the following:

GENERAL CONTINUING GUARANTY
General Continuing Guaranty • June 16th, 2005 • SAVVIS, Inc. • Services-business services, nec • New York

This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of June 10, 2005, is executed and delivered by SAVVIS, Inc. (f/k/a SAVVIS Communications Corporation), a Delaware corporation, SAVVIS Communications International, Inc., a Delaware corporation, SAVVIS Procurement Corporation, a Delaware corporation and SAVVIS Federal Systems, Inc., a Delaware corporation (each a “Guarantor” and collectively, the “Guarantors”), in favor of WELLS FARGO FOOTHILL, INC., a California corporation, as arranger and administrative agent for the below defined Lenders (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:

GENERAL CONTINUING GUARANTY
General Continuing Guaranty • July 19th, 2011 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York

This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of July 13, 2011 is executed and delivered by the Persons listed on the signature pages hereof under the caption “Guarantor” and any additional entities acceding hereto (collectively, jointly and severally, the “Guarantors” and each a “Guarantor”), in favor of WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as agent for the below defined Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:

GENERAL CONTINUING GUARANTY
General Continuing Guaranty • September 20th, 2011 • Supreme Industries Inc • Truck & bus bodies • New York

This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of September 14, 2011, is executed and delivered by SUPREME INDUSTRIES, INC., a Delaware corporation (“Parent”), SUPREME NORTHWEST, L.L.C., a Texas limited liability company, SC TOWER STRUCTURAL LAMINATING, INC., a Texas corporation, SILVER CROWN, LLC, a Delaware limited liability company, SUPREME STB, LLC, a California limited liability company (the “CA Guarantor”), and SUPREME\MURPHY TRUCK BODIES, INC., a North Carolina corporation (the “NC Guarantor”) (each of the foregoing, a “Guarantor” and collectively, the “Guarantors”), in favor of WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:

GENERAL CONTINUING GUARANTY
General Continuing Guaranty • December 21st, 2012 • Boise Cascade Holdings, L.L.C. • Wholesale-lumber & other construction materials • New York

This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of December 20, 2012, is executed and delivered by BOISE CASCADE HOLDINGS, L.L.C., a Delaware limited liability company (“Guarantor”), in favor of WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:

LIMITED GENERAL CONTINUING GUARANTY [Handy & Harman Guaranty]
General Continuing Guaranty • March 31st, 2008 • WHX Corp • Coating, engraving & allied services • New York

This LIMITED GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of February 14, 2008, is executed and delivered by each of the parties listed on the signature pages hereof and those additional entities that hereafter become parties hereto by executing the Form of Supplement attached hereto as Annex 1, as guarantors (collectively, the “Guarantors”, and each individually, a “Guarantor”), in favor of ABLECO FINANCE LLC, a Delaware limited liability company, as arranger and administrative agent for the below defined Lenders (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:

GENERAL CONTINUING GUARANTY
General Continuing Guaranty • April 13th, 2007 • Monotype Imaging Holdings Inc. • Services-computer programming services • New York

This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of November 5, 2004, is executed and delivered by the Persons listed on the signature page(s) hereof under the caption “Guarantor” and any additional entities acceding hereto (collectively, jointly and severally, the “Guarantors” and each a “Guarantor”), in favor of D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P., a Delaware limited partnership, as arranger and administrative agent for the below defined Lenders (in such capacity, together with its successors and assigns, if any, “Agent”), in light of the following:

GENERAL CONTINUING GUARANTY (RE: PHOENIX CAPITAL GROUP HOLDINGS, LLC)
General Continuing Guaranty • July 20th, 2023 • Phoenix Capital Group Holdings I LLC • Metal mining • New York

This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of _________ ____, 2023, is executed and delivered by Phoenix Capital Group Holdings I, LLC (the “Guarantor”), in favor of CORTLAND CREDIT LENDING CORPORATION, in its capacity as administrative agent for the Lenders (in such capacity, together with its successors and assigns, if any, in such capacity, the “Agent”), in light of the following:

GENERAL CONTINUING GUARANTY
General Continuing Guaranty • June 16th, 2003 • GXS Corp • New York

This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of March 21, 2003, is executed and delivered by and among GXS Holdings, Inc., a Delaware corporation (“Parent”), each of the undersigned Subsidiaries of the below-referenced Borrower (Parent and each Subsidiary individually a “Guarantor”, and individually and collectively, jointly and severally, the “Guarantors”), in favor of FOOTHILL CAPITAL CORPORATION, a California corporation, as the co-arranger and administrative agent for the below-referenced Lenders (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:

AMENDED AND RESTATED GENERAL CONTINUING GUARANTY
General Continuing Guaranty • February 11th, 2011 • Hawaiian Holdings Inc • Air transportation, scheduled • New York

This AMENDED AND RESTATED GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of December 10, 2010, is executed and delivered by HAWAIIAN HOLDINGS, INC., a Delaware corporation (“Guarantor”), in favor of WELLS FARGO CAPITAL FINANCE, INC., a California corporation, as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:

US GENERAL CONTINUING GUARANTY
General Continuing Guaranty • January 25th, 2011 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York

THIS US GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of January 25, 2011, is executed and delivered by EXIDE TECHNOLOGIES, a Delaware corporation (the “Company”) and any Additional Guarantor (as defined below) who may become a party to this Guaranty (the Company and the Additional Guarantors, collectively, the “Guarantors”, and individually, a “Guarantor”), in favor of WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:

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GENERAL CONTINUING GUARANTY
General Continuing Guaranty • September 23rd, 2010 • Fortegra Financial Corp • New York

This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of June 10, 2010, is executed and delivered by Fortegra Financial Corporation, a Georgia corporation (“Guarantor”), in favor of Wells Fargo Capital Finance, LLC., a Delaware limited liability company (“Lender”), in light of the following:

AMENDED AND RESTATED GENERAL CONTINUING GUARANTY
General Continuing Guaranty • May 14th, 2012 • Wabash National Corp /De • Truck trailers • Illinois

This AMENDED AND RESTATED GENERAL CONTINUING GUARANTY (this "Guaranty"), dated as of May 8, 2012, is executed and delivered by each Guarantor listed on the signature pages hereof and those additional entities that hereafter become parties hereto by joinder (each a "Guarantor" and collectively, jointly and severally, the "Guarantors"), in favor of WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns, if any, in such capacity, "Agent"), in light of the following:

General Continuing Guaranty
General Continuing Guaranty • January 3rd, 2014 • Jones Soda Co • Beverages

For good and valuable consideration, and in order to induce BFI Business Finance, a California corporation ("Lender"), to extend and/or continue to extend financial accommodations to Jones Soda Co. (USA) Inc., a(n) Washington corporation (“Jones USA”) and JONES SODA (CANADA) INC., a(n) Canadian corporation (“Jones Canada”) (Jones USA and Jones Canada, each individually and collectively, the "Borrower"), pursuant to the terms and conditions of that certain Loan and Security Agreement and/or promissory note (individually and collectively, the "Agreement"), executed or to be executed in connection herewith, evidencing and otherwise relating to loans by Lender to Borrower in the principal amount of up to Two Million and 00/100 Dollars ($2,000,000.00) (the "Loan"), or pursuant to any other present or future agreement between Lender and Borrower, and in consideration thereof, and in consideration of any loans, advances, or financial accommodations heretofore or hereafter granted by Lender to

GUARANTY
General Continuing Guaranty • May 11th, 2007 • McClatchy Co • Newspapers: publishing or publishing & printing • New York

THIS GENERAL CONTINUING GUARANTY (“Guaranty”), dated as of May 4, 2007, is executed and delivered by each Subsidiary that is a signatory hereto and any future Material Subsidiary (as defined in the Credit Agreement referenced below) that executes and delivers a Joinder hereto (each a “Guarantor” and, collectively, the “Guarantors”), in favor of the commercial lending institutions (the “Lenders”) from time to time party to the Credit Agreement (as hereinafter defined) and Bank of America, N.A. (“Bank of America”), as Administrative Agent (in such capacity, together with any successor appointed pursuant to Section 9.06 of the Credit Agreement, the “Administrative Agent”) for the Lenders.

GENERAL CONTINUING GUARANTY
General Continuing Guaranty • December 23rd, 2010 • American Commercial Lines Inc. • Water transportation • New York

This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of December 21, 2010, is executed and delivered by FINN INTERMEDIATE HOLDING CORPORATION, a Delaware corporation (“Parent Guarantor”), and each signatory listed on the signature pages hereof (such signatories, together with Parent Guarantor and each other Person (as defined in the Credit Agreement) that becomes a guarantor after the Closing Date (as defined in the Credit Agreement) pursuant to Section 5.11 of the Credit Agreement, are collectively referred to as the “Guarantors” and individually as a “Guarantor”), in favor of WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:

GENERAL CONTINUING GUARANTY
General Continuing Guaranty • April 8th, 2004 • GNLV Corp • Asset-backed securities • California

This GENERAL CONTINUING GUARANTY (as amended, restated, modified, supplemented, renewed or extended from time to time, this “Guaranty”), dated as of January 23, 2004, is executed and delivered by and among GOLDEN NUGGET EXPERIENCE, LLC, a Nevada limited liability company (the “Guarantor”), in favor of WELLS FARGO FOOTHILL, INC., a California corporation, as the arranger, administrative agent and documentation agent for the below-referenced Lenders (in such capacity, together with its successors and assigns, if any, “Agent”), in light of the following:

AMENDMENT NUMBER THREE TO GENERAL CONTINUING GUARANTY
General Continuing Guaranty • May 9th, 2024 • Ares Commercial Real Estate Corp • Real estate investment trusts

THIS AMENDMENT NUMBER THREE TO GENERAL CONTINUING GUARANTY (this “Amendment”), dated as of April 26, 2024, is entered into by and among, on the one hand, the several banks and other financial institutions and lenders from time to time party hereto (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and, collectively, as the “Lenders”), and CITY NATIONAL BANK, a national banking association, as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), and, on the other hand, ARES COMMERCIAL REAL ESTATE CORPORATION, a Maryland corporation (the “Guarantor”).

Contract
General Continuing Guaranty • August 28th, 2008 • HydroGen CORP • Engines & turbines • New York

This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of August 22, 2008, is executed and delivered by HYDROGEN CORPORATION, a Nevada corporation (“Guarantor”), in favor of FEDERATED KAUFMANN FUND, a portfolio of Federated Equity Funds, a Massachusetts business trust, as agent for the Lenders (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:

GENERAL CONTINUING GUARANTY
General Continuing Guaranty • November 4th, 2010 • Internap Network Services Corp • Services-computer programming, data processing, etc. • Georgia

This GENERAL CONTINUING GUARANTY (this “Guaranty”), dated as of November 2, 2010, is executed and delivered by CO SPACE, INC., a Delaware corporation (“CO Space”), CO SPACE SERVICES, LLC, a Delaware limited liability company (“CO Space Services”), CO SPACE SERVICES TEXAS, L.P., a Delaware limited partnership (“CO Space Texas”), CO SPACE PROPERTIES, LLC, a Delaware limited liability company (“CO Space Properties”), and CO SPACE PROPERTIES TEXAS, L.P., a Delaware limited partnership (“CO Space Properties Texas”; CO Space, CO Space Services, CO Space Texas, CO Space Properties and CO Space Properties Texas are each a “Guarantor” and collectively, joint and severally, the “Guarantors”), in favor of WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns, if any, in such capacity, “Agent”), in light of the following:

GENERAL CONTINUING GUARANTY
General Continuing Guaranty • October 7th, 2013 • Visualant Inc • Measuring & controlling devices, nec

For good and valuable consideration, and in order to induce BFI Business Finance, a California corporation ("Lender"), to extend and/or continue to extend financial accommodations to TransTech Systems, Inc., a(n) Oregon corporation ("Borrower"), pursuant to the terms and conditions of that certain Loan and Security Agreement and/or promissory note (individually and collectively, the "Agreement"), dated December 9, 2008, evidencing and otherwise relating to a loan by Lender to Borrower in the original principal amount of One Million and 00/100 Dollars ($1,000,000.00) (the "Loan"), or pursuant to any other present or future agreement between Lender and Borrower, and in consideration thereof, and in consideration of any loans, advances, or financial accommodations heretofore or hereafter granted by Lender to or for the account of Borrower, whether pursuant to the Agreement, or otherwise, VISUALANT, INCORPORATED , a(n) Nevada corporation ("Guarantor"), whose address is 500 Union Street, Su

GENERAL CONTINUING GUARANTY
General Continuing Guaranty • April 25th, 2012 • RealD Inc. • Radio & tv broadcasting & communications equipment

THIS GENERAL CONTINUING GUARANTY, dated as of April 19, 2012 (the “Guaranty”), is executed by STEREOGRAPHICS CORPORATION, a California corporation, COLORLINK INC., a Delaware corporation, and those additional entities that hereafter become parties hereto (each, individually, a “Guarantor” and collectively, the “Guarantors”), in favor of (i) the lenders now or hereafter parties (the “Lenders”) to that certain Credit Agreement of even date herewith (as amended, restated, supplemented, renewed, extended or otherwise modified from time to time, the “Credit Agreement”), by and among RealD Inc. (“Borrower”), the Lenders party thereto from time to time, Administrative Agent and the L/C Issuer, and (ii) City National Bank, a national banking association, in its capacity as administrative agent for the Lenders and the L/C Issuer (in its capacity as such, and together with any successor administrative agent thereunder, the “Administrative Agent”) and as letter of credit issuer (in its capacity a

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