Guaranty Sample Contracts

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IMH Financial Corp – Continuing Guaranty (November 20th, 2017)

IMH FINANCIAL CORPORATION, a Delaware corporation ("Guarantor"), executed this Continuing Guaranty (this "Guaranty") on October 2, 2017 (the "Effective Date"), in favor of MIDFIRST BANK, a federally chartered savings association ("Agent"), and each bank, including Agent, named on the signature pages hereto and such other banks as may from time to time become a party to this Agreement pursuant to the terms hereof (each, including Agent, a "Bank", and collectively, "Banks").

IMH Financial Corp – Completion Guaranty (November 20th, 2017)

THIS COMPLETION GUARANTY ("Guaranty") is executed as of October 2, 2017, IMH FINANCIAL CORPORATION, a Delaware corporation ("Guarantor"), jointly and severally, for the benefit of MIDFIRST BANK, a federally chartered savings association ("Agent"), and each bank, including Agent, named on the signature pages hereto and such other banks as may from time to time become a party to this Agreement pursuant to the terms hereof (each, including Agent, a "Bank", and collectively, "Banks"), with reference to the following facts.

Guaranty (November 15th, 2017)

This GUARANTY (this "Guaranty") is made and entered into as of November 13, 2017 by MYnd Analytics, Inc., a Delaware corporation with an address at 26522 La Alameda, Mission Viejo, CA 92691 (the "Guarantor"), in favor of Ben Franklin Technology Partners of Southeastern Pennsylvania, a Pennsylvania nonprofit corporation with an address at Building 100 Innovation Center, 4801 South Broad Street, Suite 200, Philadelphia, PA 19112 (the "Lender"), for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound.

Nuvel Holdings, Inc. – Commercial Guaranty (November 14th, 2017)

GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of Guarantor 's Share of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents.

Hong Kong Highpower Tech Inc – Maximum Amount Guaranty Contract (November 14th, 2017)
Hong Kong Highpower Tech Inc – MAXIMUM AMOUNT GUARANTY CONTRACT (Apply to Lines of Credit) (November 14th, 2017)
Hong Kong Highpower Tech Inc – MAXIMUM AMOUNT GUARANTY CONTRACT (Apply to Lines of Credit) (November 14th, 2017)
Hong Kong Highpower Tech Inc – MAXIMUM AMOUNT GUARANTY CONTRACT Contract No.: BZ162617000080 (November 14th, 2017)

In order to warranty the performance of debts under item one of this contract, the guarantor provides the warranty to the creditor voluntarily, and the two parties entered into this contract after equal negotiation.

Hong Kong Highpower Tech Inc – MAXIMUM AMOUNT GUARANTY CONTRACT Contract No.: BZ162617000081 (November 14th, 2017)

In order to warranty the performance of debts under item one of this contract, the guarantor provides the warranty to the creditor voluntarily, and the two parties entered into this contract after equal negotiation.

Hong Kong Highpower Tech Inc – MAXIMUM AMOUNT GUARANTY CONTRACT (Apply to Lines of Credit) (November 14th, 2017)
Gateway Inds Inc – Personal Guaranty (November 13th, 2017)
Reaffirmation of Performance Guaranty (November 9th, 2017)

In connection with the execution and delivery of (i) that certain Receivables Financing Agreement, dated as of July 22, 2016, by and among the Seller, the Servicer, the Conduit Purchasers, Committed Purchasers and Purchaser Agents party thereto, and the Administrative Agent (as previously amended, supplemented or otherwise modified, the "Existing RFA") and (ii) the Sale and Contribution Agreement, dated as of July 22, 2016 (as previously amended, supplemented or otherwise modified from time to time, the "Sale Agreement"), by and between CHS Inc. ("CHS"), as an Originator, CHS Capital, LLC ("CHS Capital" and, together with CHS and any Person who hereafter becomes a party to the Sale Agreement in the capacity of an "Originator", the "Originators" and each an "Originator"), as an Originator, and the Seller, CHS Inc. (the "Performance Guarantor"), executed and delivered that certain Performance Guaranty, dated as of July 22, 2016, in favor of the Administrative Agent (the "Performance Guar

SECOND LIEN GUARANTY Dated as of November 7, 2017 Among NUMBER HOLDINGS, INC., as Holdings, THE OTHER GUARANTORS PARTY HERETO FROM TIME TO TIME, and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Administrative Agent and Collateral Agent (November 7th, 2017)

This SECOND LIEN GUARANTY, dated as of November 7, 2017 (this Guaranty), is among NUMBER HOLDINGS, INC., a Delaware corporation (Holdings), and the other Guarantors set forth on Schedule I hereto and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Administrative Agent and Collateral Agent for the Secured Parties (as defined below).

Seventh Amended and Restated Performance Guaranty (November 7th, 2017)

This Seventh Amended and Restated Performance Guaranty (this "Guaranty"), dated as of November 14, 2016, is executed by Cardinal Health, Inc., an Ohio corporation ("Cardinal" or the "Performance Guarantor") in favor of Cardinal Health Funding, LLC, a Nevada limited liability company (together with its successors and assigns, "Beneficiary").

Helios & Matheson North America Inc. – Guaranty (November 6th, 2017)

This GUARANTY, dated as of November 2, 2017 (this "Guaranty"), is made by MoviePass, Inc., a Delaware corporation (the "Guarantor"), in favor of Hudson Bay Master Fund Ltd (together with its successors, assigns, endorsees and transferees, the "Buyer").

Helios & Matheson North America Inc. – Guaranty (November 6th, 2017)

This GUARANTY, dated as of November_____, 2017 (this "Guaranty"), is made by MoviePass, Inc., a Delaware corporation ("MoviePass"), and each direct and indirect Subsidiary of MoviePass who shall hereafter become a party hereto as provided for in Section 6(b) (together with MoviePass, each a "Guarantor", and collectively, the "Guarantors"), in favor of [__________] (together with its successors, assigns, endorsees and transferees, "Buyer").

Helios & Matheson North America Inc. – Guaranty (November 6th, 2017)

This GUARANTY, dated as of November_____, 2017 (this "Guaranty"), is made by MoviePass, Inc., a Delaware corporation ("MoviePass"), and each direct and indirect Subsidiary of MoviePass who shall hereafter become a party hereto as provided for in Section 6(b) (together with MoviePass, each a "Guarantor", and collectively, the "Guarantors"), in favor of [__________] (together with its successors, assigns, endorsees and transferees, "Buyer").

Viad – Joinder to Guaranty (November 6th, 2017)

SUPPLEMENT NO. 1 dated as of August 31, 2017, to the Guaranty dated as of December 28, 2016 (as the same may be amended, supplemented or otherwise modified from time to time, the "Guaranty"), by Viad Corp, Global Experience Specialists, Inc., GES Event Intelligence Services, Inc. and CATC Alaska Tourism Corporation in favor of the Bank.

Helios & Matheson North America Inc. – Guaranty (November 6th, 2017)

This GUARANTY, dated as of November 2, 2017 (this "Guaranty"), is made by MoviePass, Inc., a Delaware corporation (the "Guarantor"), in favor of Hudson Bay Master Fund Ltd (together with its successors, assigns, endorsees and transferees, the "Buyer").

First Guaranty Bancshares, Inc. – FIRST GUARANTY BANCSHARES, INC. Issuer And (November 3rd, 2017)

This INDENTURE, dated as of , is made by and between FIRST GUARANTY BANCSHARES, INC., a Louisiana corporation (the "Company"), and______________________________, a ________________________, not in its individual capacity but solely as trustee (the "Trustee").

Bluerock Residential Growth REIT, Inc. – GUARANTY MULTISTATE (Revised 5-5-2017) (November 3rd, 2017)

THIS GUARANTY ("Guaranty") is entered into to be effective as of October 30, 2017, by BLUEROCK RESIDENTIAL GROWTH REIT, INC., a Maryland corporation ("Guarantor", collectively if more than one), for the benefit of WALKER & DUNLOP, LLC, a Delaware limited liability company ("Lender").

Continuing Guaranty (November 3rd, 2017)
Guaranty (October 31st, 2017)

WHEREAS, Ryan Boone County, LLC (Landlord) and Smith & Wesson Corporation (Tenant) are parties to that certain Lease Agreement dated of even date herewith (the Lease).

Guaranty (October 30th, 2017)

THIS GUARANTY (as amended, supplemented, restated or otherwise modified from time to time, this "Guaranty"), dated as of October 24, 2017 (the "Effective Date"), is made by The Mosaic Company, a Delaware corporation ("Guarantor") in favor of the Agents (as defined herein), in their capacity as agents, for the benefit of Bankers Commercial Corporation, a California corporation, as Owner under the Bareboat Charter (as defined below) (together with its successors and permitted assigns, "Owner") and the Lenders (as defined herein).

SMG Indium Resources Ltd. – Corporate Guaranty (October 27th, 2017)

This Corporate Guaranty ("Guaranty") is made on September 19, 2017, by SMG INDIUM RESOURCES LTD., a Delaware corporation ("Guarantor"), in favor Crestmark Bank ("Crestmark") to induce Crestmark to continue credit and its loan to M G CLEANERS, LLC, a Texas limited liability company ("Borrower") and because Guarantor, whose economic success is vitally linked to Borrower's success, has determined that executing and delivering this Guaranty is in Guarantor's interest and to Guarantor's financial benefit.

CURO Group Holdings Corp. – Subsidiaries Guaranty (October 24th, 2017)

SUBSIDIARIES GUARANTY (as amended, modified, restated and/or supplemented from time to time, this Guaranty), dated as of November 17, 2016, made by and among each of the undersigned guarantors (each, a Guarantor and, together with any other entity that becomes a guarantor hereunder pursuant to Section 22 hereof, collectively, the Guarantors) in favor of VICTORY PARK MANAGEMENT, LLC, as Administrative Agent (together with any successor administrative agent, the Administrative Agent), for the benefit of the Secured Creditors (as defined below). Except as otherwise defined herein, all capitalized terms used herein and defined in the Credit Agreement (as defined below) shall be used herein as therein defined.

Guaranty (October 19th, 2017)

This Guaranty (the "Guaranty") is made as of October 13, 2017 ("Effective Date"), by Hispania Petroleum, S.A., incorporated in Spain with registered office at Avda Alcade Ramirez Bethencourt, 25, Planta baja, local 15, Las Palmas, Gran Canaria (the "Guarantor") in favor of Capstone Turbine Corporation, a Delaware corporation, located at 21211 Nordhoff Street, Chatsworth, CA 91311 USA (the "Company").

Inland Residential Properties Trust, Inc. – GUARANTY MULTISTATE (Revised 5-5-2017) (October 13th, 2017)

THIS GUARANTY ("Guaranty") is entered into to be effective as of July 27, 2017, by INLAND RESIDENTIAL PROPERTIES TRUST, INC., a Maryland corporation ("Guarantor", collectively if more than one), for the benefit of BERKADIA COMMERCIAL MORTGAGE LLC, a Delaware limited liability company ("Lender").

Bluerock Residential Growth REIT, Inc. – Guaranty (October 11th, 2017)

THIS GUARANTY dated as of October 4, 2017, executed and delivered by the undersigned BLUEROCK RESIDENTIAL GROWTH REIT, INC., a Maryland corporation (the "Guarantor"), in favor of (a) KeyBank National Association, in its capacity as Administrative Agent (the "Agent") for the Lenders under that certain Credit Agreement dated as of October 4, 2017, between and among BLUEROCK RESIDENTIAL HOLDINGS, L.P., a Delaware limited partnership, and various other Subsidiaries thereof as "Borrower" (collectively, the "Borrower"), the financial institutions party thereto and their assignees in accordance therewith (the "Lenders"), and the Agent (as the same may be amended, restated, supplemented or otherwise modified from time to time in accordance with its terms, the "Credit Agreement") and (b) the Lenders.

Condor Hospitality Trust, Inc. – Guaranty of Recourse Obligations (October 6th, 2017)

FOR VALUE RECEIVED, and to induce WELLS FARGO BANK, NATIONAL ASSOCIATION, having an address at Wells Fargo Center, 1901 Harrison Street, 2nd Floor, MAC A0227-020, Oakland, California 94612 (together with its successors and/or assigns, Lender), to lend to CDOR JAX COURT, LLC, a Delaware limited liability company, TRS JAX COURT, LLC, a Delaware limited liability company, CDOR ATL INDY, LLC, a Delaware limited liability company, TRS ATL INDY, LLC, a Delaware limited liability company, CDOR SAN SPRING, LLC, a Delaware limited liability company, and TRS SAN SPRING, LLC, a Delaware limited liability company, each having its principal place of business at c/o Condor Hospitality Trust, Inc. 4800 Montgomery Lane, Ste. 220, Bethesda, Maryland 20814 (collectively, Borrower), the principal sum of TWENTY-SIX MILLION FIVE HUNDRED THOUSAND AND NO/DOLLARS ($26,500,000.00) (the Loan), evidenced by that certain Promissory Note (as the same may be amended, restated, replaced, split or otherwise modified,

Elevate Credit, Inc. – Guaranty (October 5th, 2017)

This Guaranty is made and entered into as of SEPTEMBER 29, 2017, by RISE CREDIT SERVICES OF OHIO, LLC (hereinafter referred to as "Guarantor"), to and for the benefit of INTEGRITY FUNDING OHIO LLC (hereinafter referred to as "Lender").

Key Link Assets Corp. – Stockholder Guaranty (October 5th, 2017)

This Stockholder Guaranty is made as of this 29th day of September, 2017 (this "Guaranty"), by Kevin J. Sylla ("Guarantor") in favor of Elliot G. Freier, as trustee of the Elliot G. Freier Revocable Trust U/A 9/6/06 ("Beneficiary").

Elevate Credit, Inc. – Credit Access Business Guaranty (October 5th, 2017)

THIS CREDIT ACCESS BUSINESS GUARANTY (this "CAB Guaranty") is made and entered into as of September 29, 2017 by RISE CREDIT SERVICE OF TEXAS, LLC (hereinafter referred to as "CAB"), to and for the benefit of REDPOINT CAPTAL ASSET FUNDING, LLC (hereinafter referred to as "Lender").

Elevate Credit, Inc. – Credit Services Organization Guaranty (October 5th, 2017)

THIS CREDIT SERVICES ORGANIZATION GUARANTY (this "CSO Guaranty") is entered into as of September 29, 2017, by RISE CREDIT SERVICE OF OHIO, LLC (hereinafter referred to as "CSO"), to and for the benefit of REDPOINT ASSET FUNDING OHIO, LLC (hereinafter referred to as "Lender").

Bfc Financial – FULL GUARANTy (October 4th, 2017)

THIS FULL GUARANTY (this "Guaranty") is made as of the December 13 2013, by BLUEGREEN CORPORATION, a Massachusetts corporation ("Guarantor") in favor of NATIONAL BANK OF ARIZONA, a national banking association ("Lender").