Guarantor Security Agreement Sample Contracts

Purple Innovation, Inc. – GUARANTOR SECURITY AGREEMENT (February 27th, 2019)

This GUARANTOR SECURITY AGREEMENT (this “Security Agreement”) is entered into as of February 26, 2019 by and among (i) COLISEUM CAPITAL PARTNERS, L.P. (“CCP”), BLACKWELL PARTNERS LLC – SERIES A (“Blackwell”) and COLISEUM CO-INVEST DEBT FUND, L.P. (“CCDF” and, together with CCP and Blackwell, collectively “Coliseum” or “Lender”) and DELAWARE TRUST COMPANY as collateral agent on behalf of Lender (in such capacity, the “Collateral Agent”), and (ii) PURPLE INNOVATION, INC., a Delaware corporation, having a mailing address of 123 E 200 N, Alpine, Utah 84004 (“Debtor”).

Twin Disc Inc – ASSIGNMENT OF AND AMENDMENT TO GUARANTOR SECURITY AGREEMENT (July 3rd, 2018)

THIS ASSIGNMENT OF AND AMENDMENT TO GUARANTOR SECURITY AGREEMENT (the “Assignment”), is made on June 29, 2018, by and among BANK OF MONTREAL (“Assignor”), BMO HARRIS BANK N.A. (“Assignee”), and MILL-LOG EQUIPMENT CO., INC., an Oregon corporation (“Debtor”).

Twin Disc Inc – GUARANTOR SECURITY AGREEMENT (April 26th, 2016)

This Guarantor Security Agreement (the “Agreement”) is dated as of April 22, 2016, between MILL-LOG EQUIPMENT CO., INC., an Oregon corporation (the “Debtor”), and BANK OF MONTREAL, a Canadian chartered bank acting through its Chicago branch (the “Administrative Agent”), as “Administrative Agent” for the secured lenders under a “Credit Agreement,” dated on even date herewith (the “Secured Party”).

Reign Sapphire Corp – GUARANTOR SECURITY AGREEMENT (December 24th, 2015)

This GUARANTOR SECURITY AGREEMENT, dated as of December 23, 2015 (this “Agreement”), is among Australian Sapphire Corporation, a California corporation (the “Company”), each Subsidiary of the Company which shall become a party to this Agreement by execution and delivery of the form annexed hereto as Annex A and the Subsidiary Guaranty annexed thereto (each such Subsidiary, a “Guarantor” and together with the Company, the “Debtors”), Alpha Capital Anstalt, as collateral agent (the “Collateral Agent”) and the holders of Secured Convertible Notes issued by Reign Sapphire Corporation (“Reign”), a Delaware corporation, at or about December 23, 2015, in the original aggregate principal amount of $862,500 and such other of Reign’s secured Convertible Notes which may be issued in the future pursuant to the Securities Purchase Agreement (collectively, the “Notes”) (collectively, the “Secured Parties”).

Sysorex Global Holdings Corp. – GUARANTOR SECURITY AGREEMENT (August 12th, 2013)

This GUARANTOR SECURITY AGREEMENT, dated as of March 15, 2013, is made and entered into between SYSOREX GLOBAL HOLDINGS CORP., a Nevada corporation (“Guarantor”), and BRIDGE BANK, NATIONAL ASSOCIATION (“Lender”), with reference to the following facts:

Saba Software Inc – AMENDMENT NUMBER ONE TO CREDIT AGREEMENT, AMENDMENT NUMBER ONE TO GUARANTOR SECURITY AGREEMENT, AND WAIVER (June 4th, 2013)

THIS AMENDMENT NUMBER ONE TO CREDIT AGREEMENT, AMENDMENT NUMBER ONE TO GUARANTOR SECURITY AGREEMENT, AND WAIVER (this “Amendment”), dated as of May 31, 2013, is entered into by and among WELLS FARGO BANK, NATIONAL ASSOCIATION (“Lender”), SABA SOFTWARE, INC., a Delaware corporation (“Borrower”), and the undersigned Subsidiaries of Borrower, and in light of the following:

Infusion Brands International, Inc. – SECOND AMENDED AND RESTATED GUARANTOR SECURITY AGREEMENT (December 20th, 2011)

THIS SECOND AMENDED AND RESTATED GUARANTOR SECURITY AGREEMENT (this “Security Agreement”) dated December 14, 2011, amends and restates the Amended and Restated Guarantor Security Agreement dated as of July 8, 2011, by and among Infusion Brands, Inc. (f/k/a Omniresponse, Inc.), a Nevada corporation, Fashion Safari, Inc., a Nevada corporation, and Vicis Capital Master Fund (“Vicis”), a sub-trust of Vicis Capital Series Master Trust, a unit trust organized and existing under the laws of the Cayman Islands (the “Amended Guarantor Security Agreement”).  Each of OmniReliant Acquisition Sub, Inc., Designer Liquidator, Inc., OmniResponse Cleaning Solutions, Inc., Dual Saw, Inc., OmniResponse Safety Solutions, Inc., and OmniReliant Corp., which were parties to the 2010 Guarantor Security Agreement (as defined below), had been released from its obligations under this Security Agreement by Vicis prior to entering into the Amended Guarantor Security Agreement by the parties thereto.  Fashion Safar

Peoples Liberation Inc – GUARANTOR SECURITY AGREEMENT (November 21st, 2011)

THIS GUARANTOR SECURITY AGREEMENT (as amended, restated, supplemented, extended or otherwise modified from time to time, this "Agreement") dated as of August 18, 2011, is entered into by PEOPLE'S LIBERATION, INC., a Delaware corporation, VERSATILE ENTERTAINMENT, INC., a California corporation, BELLA ROSE, LLC, a California limited liability company, WILLIAM RAST SOURCING, LLC, a California limited liability company, and WILLIAM RAST RETAIL, LLC, a California limited liability company, as guarantors (each, a "Guarantor", and collectively, the "Guarantors"), in favor of MONTO HOLDINGS (PTY) LTD. (together with its successors and assigns, "Secured Party").

Industrial Services of America Inc /Fl – EXHIBIT C-2 FORM OF GUARANTOR SECURITY AGREEMENT SECURITY AGREEMENT (August 9th, 2011)

THIS SECURITY AGREEMENT (this “Agreement”), dated as of July 30, 2010 (the “Effective Date”), by and among FIFTH THIRD BANK, an Ohio banking corporation, as Agent for the benefit of the Secured Creditors (as defined below) (“Agent”), and COMPUTERIZED WASTE SYSTEMS, LLC, a Kentucky limited liability company (“CWS”), ISA INDIANA REAL ESTATE, LLC, a Kentucky limited liability company (“Indiana Real Estate”), ISA LOGISTICS LLC, a Kentucky limited liability company (“Logistics”), ISA REAL ESTATE, LLC, a Kentucky limited liability company (“ISA Real Estate”), ISA RECYCLING, LLC, a Kentucky limited liability company (“Recycling”), WASTE EQUIPMENT SALES & SERVICE CO., LLC, a Kentucky limited liability company (“Waste Equipment”), 7021 GRADE LANE LLC, a Kentucky limited liability company (“7021 Grade”), 7124 GRADE LANE LLC, a Kentucky limited liability company (“7124 Grade”), and 7200 GRADE LANE LLC, a Kentucky limited liability company (“7200 Grade”) (CWS, Indiana Real Estate, Logistics, ISA R

Spansion Inc. – AMENDMENT NUMBER THREE TO LOAN AND SECURITY AGREEMENT AND AMENDMENT NUMBER ONE TO GUARANTOR SECURITY AGREEMENT (August 5th, 2011)

This Amendment Number Three to Loan and Security Agreement and Amendment Number One to Guarantor Security Agreement (this “Amendment”), dated as of May 12, 2011, is entered into among SPANSION INC., a Delaware corporation (“Parent”), SPANSION LLC, a Delaware limited liability company (“Spansion”) and certain of Spansion’s subsidiaries party hereto (such subsidiaries together with Spansion, individually, a “Borrower” and, collectively, “Borrowers”), SPANSION TECHNOLOGY LLC, a Delaware limited liability company (“Spansion Technology”), SPANSION INTERNATIONAL, INC., a Delaware corporation (“Spansion International”), CERIUM LABORATORIES LLC, a Delaware limited liability company (together with Parent, Spansion Technology and Spansion International, individually, a “Guarantor” and collectively, “Guarantors”) each of the lenders set forth on the signature pages hereof (collectively, the “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as Administrative Agent, as Sole Lea

Infusion Brands International, Inc. – AMENDED AND RESTATED GUARANTOR SECURITY AGREEMENT (July 14th, 2011)

THIS AMENDED AND RESTATED GUARANTOR SECURITY AGREEMENT (this “Security Agreement”) dated July 8, 2011, amends and restates the Guarantor Security Agreement dated as of June 30, 2010, by and between Infusion Brands, Inc. (f/k/a Omniresponse, Inc.), a Nevada corporation, OmniReliant Acquisition Sub, Inc., a Nevada corporation, Designer Liquidator, Inc., a Nevada corporation, OmniResponse Cleaning Solutions, Inc., a Florida corporation, Dual Saw, Inc., a Florida corporation, OmniResponse Safety Solutions, Inc., a Florida corporation and OmniReliant Corp., a Florida corporation, and Vicis Capital Master Fund (“Vicis”), a sub-trust of Vicis Capital Series Master Trust, a unit trust organized and existing under the laws of the Cayman Islands (the “2010 Guarantor Security Agreement”).  Each of OmniReliant Acquisition Sub, Inc., Designer Liquidator, Inc., OmniResponse Cleaning Solutions, Inc., Dual Saw, Inc., OmniResponse Safety Solutions, Inc., and OmniReliant Corp. has been released from its

Amacore Group, Inc. – AMENDED AND RESTATED GUARANTOR SECURITY AGREEMENT (June 8th, 2011)

THIS AMENDED AND RESTATED GUARANTOR SECURITY AGREEMENT (this “Security Agreement”) is made as of June 2, 2011 by and between each of the undersigned (each a “Debtor” and collectively, the “Debtors”), and Vicis Capital Master Fund (“Vicis”), a sub-trust of Vicis Capital Series Master Trust, a unit trust organized and existing under the laws of the Cayman Islands, and amends and restates that certain Guarantor Security Agreement between each Debtor (except for TeleProtect 800, LLC, which was formed after the date thereof) and Vicis dated August 16, 2010 (the “August Security Agreement”).

AMHN, Inc. – GUARANTOR SECURITY AGREEMENT (December 22nd, 2010)

THIS GUARANTOR SECURITY AGREEMENT (this “Security Agreement”) is made as of December 16, 2010 by and between Spectrum Health Network, Inc., a Delaware corporation (“Debtor”), and Seatac Digital Resources, Inc., a Delaware corporation (“Seatac”).

Imperial Holdings, LLC – GUARANTOR SECURITY AGREEMENT (November 10th, 2010)

PLEDGE AND SECURITY AGREEMENT, dated as of November ___, 2009 (this “Agreement”), made by Imperial Premium Finance, LLC, a Florida limited liability company (the “Pledgor”), in favor of EBC Asset Management, Inc., a New York corporation (“EBC”), in its capacity as collateral agent (in such capacity, together with any successors or assigns in such capacity, if any, the “Collateral Agent”) on behalf of the Lenders referred to below.

Imperial Holdings, LLC – GUARANTOR SECURITY AGREEMENT (November 10th, 2010)

PLEDGE AND SECURITY AGREEMENT, dated as of March 13, 2009 (this “Agreement”), made by Imperial Premium Finance, LLC, a Florida limited liability company (the “Pledgor”), in favor of CTL Holdings II, LLC, a Georgia limited liability company (“CTL”), in its capacity as collateral agent (in such capacity, together with any successors or assigns in such capacity, if any, the “Collateral Agent”) on behalf of the Lenders referred to below.

Steinway Musical Instruments Inc – GUARANTOR SECURITY AGREEMENT (October 8th, 2010)

GUARANTOR SECURITY AGREEMENT, dated as of October 5, 2010 (as amended, supplemented or otherwise modified from time to time, this “Security Agreement”), made by (i) STEINWAY MUSICAL INSTRUMENTS, INC., a Delaware corporation (“SMI”), (ii) THE O.S. KELLY COMPANY, an Ohio corporation (“O.S. Kelly”), (iii) MUSIC MATTERS AFTER SCHOOL, INC., a Delaware corporation (“MMAS”), and (iv) ARKIVMUSIC, LLC, a New York limited liability company (“ArkivMusic” and, together with SMI, O.S. Kelly and MMAS, the “Grantors” and each a “Grantor”), in favor of BANK OF AMERICA, N.A., a national banking association, as administrative agent (in such capacity, the “Administrative Agent”) for the lenders (the “Lenders”) party to the Loan Agreement referred to below.

OptimizeRx Corp – SECOND AMENDED AND RESTATED GUARANTOR SECURITY AGREEMENT (October 6th, 2010)

THIS SECOND AMENDED AND RESTATED GUARANTOR SECURITY AGREEMENT (this “Security Agreement”) is dated as of October 5, 2010, by and among OptimizeRx Corporation, a Michigan corporation (“Debtor”), Physicians Interactive Inc. (“PI”), a Delaware corporation, and Vicis Capital Master Fund (“Vicis”), a sub-trust of Vicis Capital Series Master Trust, a unit trust organized and existing under the laws of the Cayman Islands, as collateral agent for itself and PI (in such capacity, the “Collateral Agent”).

Amacore Group, Inc. – GUARANTOR SECURITY AGREEMENT (August 18th, 2010)

THIS GUARANTOR SECURITY AGREEMENT (this “Security Agreement”) is made as of August 16, 2010 by and between each of the undersigned (each a “Debtor” and collectively, the “Debtors”), and Vicis Capital Master Fund (“Vicis”), a sub-trust of Vicis Capital Series Master Trust, a unit trust organized and existing under the laws of the Cayman Islands.

Omnireliant Holdings, Inc. – GUARANTOR SECURITY AGREEMENT (July 6th, 2010)

THIS GUARANTOR SECURITY AGREEMENT (this “Security Agreement”) is dated as of June 30, 2010, by and between Omniresponse, Inc., a Nevada corporation, OmniReliant Acquisition Sub, Inc., a Nevada corporation,Designer Liquidator, Inc., a Nevada corporation,, OmniResponse Cleaning Solutions, Inc., a Florida corporation, Dual Saw, Inc., a Florida corporation, OmniResponse Safety Solutions, Inc., a Florida corporation and OmniReliant Corp., a Florida corporation (each a “Debtor” and collectively, the “Debtors”), and Vicis Capital Master Fund (“Vicis”), a sub-trust of Vicis Capital Series Master Trust, a unit trust organized and existing under the laws of the Cayman Islands.

OptimizeRx Corp – AMENDED AND RESTATED GUARANTOR SECURITY AGREEMENT (June 11th, 2010)

THIS AMENDED AND RESTATED GUARANTOR SECURITY AGREEMENT (this “Security Agreement”) is dated as of June 4, 2010, by and between OptimizeRx Corporation, a Michigan corporation (“Debtor”), and Vicis Capital Master Fund (“Vicis”), a sub-trust of Vicis Capital Series Master Trust, a unit trust organized and existing under the laws of the Cayman Islands, amends and restates that .

Presstek Inc /De/ – GUARANTOR SECURITY AGREEMENT (May 13th, 2010)

This Security Agreement (this “Agreement”) is dated as of March 5, 2010 between PNC BANK, NATIONAL ASSOCIATION, having an office at 340 Madison Avenue, New York, New York 10173, as agent for Lenders (as defined herein) (“Secured Party”) and SDK REALTY CORP., a Delaware corporation, having its principal place of business at 10 Glenville Street, Greenwich, CT 06831 (“Company”).

Presstek Inc /De/ – GUARANTOR SECURITY AGREEMENT (May 13th, 2010)

This Security Agreement (this “Agreement”) is dated as of March 5, 2010 between PNC BANK, NATIONAL ASSOCIATION, having an office at 340 Madison Avenue, New York, New York 10173, as agent for Lenders (as defined herein) (“Secured Party”) and ABD CANADA HOLDINGS, INC., a Delaware corporation, having its principal place of business at 10 Glenville Street, Greenwich, CT 06831 (“Company”).

Presstek Inc /De/ – CANADIAN GUARANTOR SECURITY AGREEMENT (May 13th, 2010)

This Security Agreement (this “Agreement”) is made as of March 19, 2010 by PRESSTEK CANADA CORP./CORPORATION PRESSTEK CANADA, a Nova Scotia unlimited liability company, having its principal place of business at 10 Glenville Street, Greenwich, CT, USA 06831 (“Company”) in favour of PNC BANK, NATIONAL ASSOCIATION, having an office at 340 Madison Avenue, New York, New York 10173, as agent for Lenders (as defined herein) (“Secured Party”).

Presstek Inc /De/ – GUARANTOR SECURITY AGREEMENT (May 13th, 2010)

This Security Agreement (this “Agreement”) is dated as of March 5, 2010 between PNC BANK, NATIONAL ASSOCIATION, having an office at 340 Madison Avenue, New York, New York 10173, as agent for Lenders (as defined herein) (“Secured Party”) and PRESSTEK OVERSEAS CORP., a Delaware corporation, having its principal place of business at 10 Glenville Street, Greenwich, CT 06831 (“Company”).

AMHN, Inc. – GUARANTOR SECURITY AGREEMENT (April 7th, 2010)

THIS GUARANTOR SECURITY AGREEMENT (this “Security Agreement”) is made as of April 1, 2010 by and between America’s Minority Health Network, Inc., a Delaware corporation (“Debtor”), and Seatac Digital Resources, Inc., a Delaware corporation (“Seatac”).

Compliance Systems Corp – GUARANTOR SECURITY AGREEMENT (February 17th, 2010)
Compliance Systems Corp – GUARANTOR SECURITY AGREEMENT (February 17th, 2010)

This Guarantor Security Agreement (this “Security Agreement”), dated as of February 9, 2010, is by and between Execuserve Corp., a Virginia corporation (the “Guarantor”), and Agile Opportunity Fund, LLC, a Delaware limited liability company (the "Secured Party”).

Physicians Formula Holdings, Inc. – GUARANTOR SECURITY AGREEMENT (November 9th, 2009)

THIS GUARANTOR SECURITY AGREEMENT (“Agreement”), dated as of November 6, 2009, is made by and among PHYSICIANS FORMULA HOLDINGS, INC., a Delaware corporation, PHYSICIANS FORMULA COSMETICS, INC., a Delaware corporation, PHYSICIANS FORMULA DRTV, LLC, a Delaware limited liability company (each a “Grantor” and, collectively, the “Grantors”), and MILL ROAD CAPITAL, L.P., a Delaware limited partnership (the “Holder Representative”).

MDwerks, Inc. – GUARANTOR SECURITY AGREEMENT (April 22nd, 2009)

THIS SECURITY AGREEMENT (this “Security Agreement”) is made as of April 15, 2009, by and between MDWERKS GLOBAL HOLDINGS, INC., a Florida corporation (“Debtor”), and VICIS CAPITAL MASTER FUND, a sub-trust of Vicis Capital Series Master Trust, a unit trust organized and existing under the laws of the Cayman Islands (the “Lender”).

MDwerks, Inc. – GUARANTOR SECURITY AGREEMENT (April 22nd, 2009)

THIS SECURITY AGREEMENT (this “Security Agreement”) is made as of April 15, 2009, by and between XENI MEDICAL BILLING, CORP., a Delaware corporation (“Debtor”), and VICIS CAPITAL MASTER FUND, a sub-trust of Vicis Capital Series Master Trust, a unit trust organized and existing under the laws of the Cayman Islands (the “Lender”).

MDwerks, Inc. – GUARANTOR SECURITY AGREEMENT (April 22nd, 2009)

THIS SECURITY AGREEMENT (this “Security Agreement”) is made as of April 15, 2009, by and between XENI MEDICAL SYSTEMS, INC., a Delaware corporation (“Debtor”), and VICIS CAPITAL MASTER FUND, a sub-trust of Vicis Capital Series Master Trust, a unit trust organized and existing under the laws of the Cayman Islands (the “Lender”).

MDwerks, Inc. – GUARANTOR SECURITY AGREEMENT (April 22nd, 2009)

THIS SECURITY AGREEMENT (this “Security Agreement”) is made as of April 15, 2009, by and between XENI PATIENT ACCESS SOLUTIONS, INC., a Florida corporation (“Debtor”), and VICIS CAPITAL MASTER FUND, a sub-trust of Vicis Capital Series Master Trust, a unit trust organized and existing under the laws of the Cayman Islands (the “Lender”).

Asta Funding Inc – SUBORDINATED GUARANTOR SECURITY AGREEMENT (February 20th, 2009)

THIS SUBORDINATED GUARANTOR SECURITY AGREEMENT (together with all amendments and other modifications, if any from time to time hereto, this “Security Agreement”), is dated as of February 20, 2009, by and among EACH OF THE GRANTORS SIGNATORY HERETO AND EACH ADDITIONAL PARTY THAT BECOMES A GRANTOR HERETO PURSUANT TO SECTION 25 HEREOF (together with their respective successors and assigns, collectively “Grantors” and each individually “Grantor”), and BMO CAPITAL MARKETS CORP., as collateral agent for the Secured Parties (in such capacity, the “Collateral Agent”).

Asta Funding Inc – SUBORDINATED GUARANTOR SECURITY AGREEMENT (February 20th, 2009)

THIS SUBORDINATED GUARANTOR SECURITY AGREEMENT (together with all amendments and other modifications, if any from time to time hereto, this “Security Agreement”), is dated as of February 20, 2009, by and among EACH OF THE GRANTORS SIGNATORY HERETO AND EACH ADDITIONAL PARTY THAT BECOMES A GRANTOR HERETO PURSUANT TO SECTION 23 HEREOF (together with their respective successors and assigns, collectively “Grantors” and each individually “Grantor”), and Asta Group, Incorporated ( “Asta Group”).

MDwerks, Inc. – GUARANTOR SECURITY AGREEMENT (November 20th, 2008)

THIS SECURITY AGREEMENT (this “Security Agreement”) is made as of November 14, 2008, by and between PATIENT PAYMENT SOLUTIONS, INC., a Florida corporation (“Debtor”), and DEBT OPPORTUNITY FUND, LLLP, a limited liability limited partnership organized under the laws of the State of Florida (the “Lender”).