Guaranty Sample Contracts

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Realty Finance Trust, Inc. – Guaranty (September 7th, 2017)

GUARANTY, dated as of August 31, 2017 (as amended, restated, supplemented, or otherwise modified from time to time, this "Guaranty"), made by BENEFIT STREET PARTNERS REALTY TRUST, INC., a real estate investment trust organized under the laws of the State of Maryland (the "Guarantor"), in favor of COLUMN FINANCIAL, INC. (the "Administrative Agent"), as Administrative Agent on behalf of Buyers.

Guaranty (September 7th, 2017)

This Guaranty (as amended, supplemented or otherwise modified in accordance with the terms hereof and in effect from time to time, this "Guaranty") is made as of September 6, 2017 by Bunge Limited, a company incorporated under the laws of Bermuda (together with any successors or assigns permitted hereunder, "BL" or "Guarantor") to CoBank, ACB, in its capacity as the administrative agent (together with its successors and assigns, the "Administrative Agent") under the Credit Agreement dated as of September 6, 2017 (as amended, restated, supplemented or otherwise modified from time to time in accordance with the terms thereof, the "Credit Agreement"), among Bunge Limited Finance Corp., a Delaware corporation ("BLFC"), the Administrative Agent and the financial institutions from time to time party thereto (each a "Lender" and collectively, the "Lenders"), for the benefit of the Lenders. This Guaranty amends and restates the Amended and Restated Guaranty, dated on or about June 17, 2014, b

Steadfast Apartment REIT III, Inc. – Guaranty of Non-Recourse Obligations (September 6th, 2017)

This GUARANTY OF NON-RECOURSE OBLIGATIONS (this "Guaranty"), dated as of August 31, 2017, is executed by the undersigned ("Guarantor"), to and for the benefit of PNC BANK, NATIONAL ASSOCIATION, a national banking association ("Lender").

Guaranty (August 29th, 2017)

THIS GUARANTY, dated as of August 29, 2017 (as amended, restated, supplemented or modified from time to time, the Guaranty), is executed in favor of BANK OF THE WEST and ING CAPITAL, LLC, as Joint Administrative Agents (and in such capacity, jointly and severally, the Administrative Agents) for the Secured Parties.

Guaranty (August 29th, 2017)

THIS GUARANTY, dated as of August 29, 2017 (as amended, restated, supplemented or modified from time to time, the Guaranty), is executed in favor of PNC BANK, NATIONAL ASSOCIATION (PNC), as agent (in such capacity, the Administrative Agent) for the Secured Parties.

Guaranty (August 29th, 2017)

THIS GUARANTY, dated as of August 29, 2017 (as amended, restated, supplemented or modified from time to time, the Guaranty), is hereby made by each of the undersigned (together with any other Person that becomes a party hereto as a guarantor by executing and delivering to the Administrative Agent a Joinder to Guaranty substantially in the form attached hereto as Exhibit A (a Joinder), a Guarantor), in favor of each of the Secured Parties (as defined in the Credit Agreement described below).

Guaranty (August 29th, 2017)

THIS GUARANTY, dated as of August 29, 2017 (as amended, restated, supplemented or modified from time to time, the Guaranty), is executed in favor of BNP PARIBAS, as collateral agent (in such capacity, the Collateral Agent) and as administrative agent (in such capacity, the Administrative Agent) and the other Lender Parties (as defined below).

Nexeon Medsystems Inc – Personal Guaranty (August 25th, 2017)

THIS PERSONAL GUARANTY ("Guaranty"), dated as of August 18, 2017, is made by Randy Michael Rosellini, an individual (the "Guarantor"), in favor of Leonite Capital, LLC, a Delaware limited liability company (the "Lender") (together with the Guarantor, the "Parties").

Pennymac Mortgage Invest Tr – Guaranty (August 24th, 2017)

THIS GUARANTY, dated as of August 18, 2017 (as amended, restated, supplemented or otherwise modified from time to time, this "Guaranty"), is made by PennyMac Mortgage Investment Trust (the "Guarantor"), in favor of Deutsche Bank AG, Cayman Islands Branch (the "Buyer").

Pennymac Financial Services In – Guaranty (August 24th, 2017)

THIS GUARANTY, dated as of August 21, 2017 (as amended, restated, supplemented or otherwise modified from time to time, this "Guaranty"), is made by Private National Mortgage Acceptance Company, LLC (the "Guarantor"), in favor of Deutsche Bank AG, Cayman Islands Branch (the "Buyer").

Bthc X Inc – Validity Guaranty (August 23rd, 2017)

This Validity Guaranty, dated as of August 17, 2017 ("Guaranty"), is by Mark Thompson, an individual ("Guarantor"), in favor of Moriah Software Management L.P. ("Lender").

Realty Finance Trust, Inc. – Payment Guaranty (August 23rd, 2017)

This PAYMENT GUARANTY (as amended, modified, supplemented or restated from time to time, this "Guaranty") is made and entered into by BENEFIT STREET PARTNERS REALTY TRUST, INC., a Maryland corporation, whose address is c/o Benefit Street Partners L.L.C., 9 West 57th Street, Suite 4920, New York, New York 10019 ("Guarantor"), for the benefit of U.S. Bank national association, a national banking association whose address is 13737 Noel Road, Suite 800, Galleria North Tower 1, Dallas, Texas 75240 ("Buyer") on this June 14, 2017. This Guaranty is made with reference to the following facts (with some capitalized terms being defined below):

Gateway Inds Inc – Personal Guaranty (August 17th, 2017)
Ascendant Solutions – Commercial Guaranty (August 14th, 2017)
Hong Kong Highpower Tech Inc – Maximum Amount Guaranty Contract Contract No.: BZ162617000031 (August 10th, 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.: BZ162617000029 (August 10th, 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.

OFS Capital Corp – Commercial Guaranty (August 10th, 2017)

CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction 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. Neither Borrower nor Guarantor is entering into any swap

Hong Kong Highpower Tech Inc – Maximum Amount Guaranty Contract (August 10th, 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.

Guaranty (August 8th, 2017)

This GUARANTY (this Guaranty) is entered into as of August 2, 2017 by the undersigned (each a Guarantor, and together with any future Subsidiaries executing this Guaranty, being collectively referred to herein as the Guarantors) in favor of and for the benefit of Cortland Capital Market Services LLC, as Administrative Agent and Collateral Agent for and representative of (in such capacities herein called Agent) the financial institutions (Lenders) from time to time party to the Credit Agreement referred to below and the other Credit Parties (as defined in the Credit Agreement referred to below).

Viad – Joinder to Guaranty (August 4th, 2017)

This JOINDER TO GUARANTY (this "Joinder") dated as of July 14, 2017 to the Guaranty dated as of December 22, 2014 (as the same may be amended, supplemented or otherwise modified from time to time, the "Guaranty"), by Global Experience Specialists, Inc. and GES Event Intelligence Services, Inc. in favor of the Agent and the Lenders.

Commercial Guaranty (August 4th, 2017)

CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction 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. Under this Guaranty, Guarantor's liability is unlimited and

Healthcare Trust of America Holdings, LP – Guaranty (July 31st, 2017)

THIS GUARANTY dated as of July 27, 2017, executed and delivered by each of the undersigned and the other Persons from time to time party hereto pursuant to Section 14 (all of the undersigned, together with such other Persons each a "Guarantor" and collectively, the "Guarantors") in favor of (a) JPMORGAN CHASE BANK, N.A., in its capacity as Administrative Agent (the "Agent") for the Lenders under that certain Second Amended and Restated Revolving Credit and Term Loan Agreement dated as of July 27, 2017 (as amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement"), by and among HEALTHCARE TRUST OF AMERICA HOLDINGS, LP, a Delaware limited partnership (the "Borrower"), HEALTHCARE TRUST OF AMERICA, INC. (the "Company"), the financial institutions party thereto and their respective assignees (the "Lenders"), the Agent, and the other parties thereto, and (b) the Lenders, the Issuing Bank and the Swingline Lender (the parties described in clause (b) toge

Strome Mezzanine Fund, Lp – Guaranty (July 31st, 2017)

In order to induce Strome Mezzanine Fund LP ("Participant") to participate in a principal equivalent amount of up to $1,500,000 in a loan of up to, as of the date hereof, $17,500,000 (the "Loan") made by HEP Investments, LLC, a Michigan limited liability company ("Lender") to Zivo Bioscience, Inc. (f/k/a Health Enhancement Products, Inc.), a Nevada corporation ("Borrower"), through the purchase of a participation interest in the Loan pursuant to a Participation Agreement of even date herewith (the amount funded by Participant under such Participation Agreement, the "Participation"), Laith Yaldoo ("Guarantor"), having a direct or indirect interest in Lender, absolutely and irrevocably guarantees unto Participant (i) the full payment, performance and observance of the Guaranty Obligations (as hereinafter defined) and (ii) the payment of all Enforcement Costs (as hereinafter defined), in accordance with the terms and subject to the conditions set forth in this Guaranty.

Ophthalix Inc – Irrevocable Guaranty and Undertaking (July 27th, 2017)

The undersigned, __________ ("Guarantor"), is entering into this Irrevocable Guaranty and Undertaking (this "Guaranty"), effective as of ________ [insert date of closing of Merger Agreement] (the "Effective Date"), for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, and agrees with, and irrevocably undertakes to, Rimon Gold Assets Ltd. ("Lender"), as follows:

Steadfast Apartment REIT III, Inc. – GUARANTY MULTISTATE (Revised 5-5-2017) (July 26th, 2017)

THIS GUARANTY ("Guaranty") is entered into to be effective as of July 21, 2017, by STEADFAST APARTMENT REIT III, INC., a Maryland corporation ("Guarantor", collectively if more than one), for the benefit of BERKELEY POINT CAPITAL LLC, a Delaware limited liability company ("Lender").

Amended and Restated Performance Guaranty (July 26th, 2017)

This AMENDED AND RESTATED PERFORMANCE GUARANTY (as amended, supplemented or otherwise modified from time to time, this "Performance Guaranty"), dated as of May 5, 2017, is made by Owens corning, a Delaware corporation (the "Performance Guarantor"), in favor of PNC Bank, National Association ("PNC"), as administrator (together with its successors and assigns in such capacity, the "Administrator"), for the benefit of itself, the Purchasers, the Purchaser Agents and their respective successors and assigns under the Receivables Purchase Agreement (as defined below). Capitalized terms used, but not otherwise defined herein shall have the respective meanings assigned thereto in the Receivables Purchase Agreement referred to below or, if not defined therein, the respective meanings assigned thereto in the Sale Agreement referred to below.

Isis Pharmaceuticals, Inc. – Guaranty (July 21st, 2017)

This GUARANTY (this "Guaranty") is executed as of July 18, 2017 by IONIS PHARMACEUTICALS, INC., a Delaware corporation, having an address at 2855 Gazelle Court, Carlsbad, California 92010 (whether one or more collectively referred to as "Guarantor"), for the benefit of UBS AG, by and through its branch office at 1285 Avenue of the Americas, New York, New York, having an address at 1285 Avenue of the Americas, 11th Floor, New York, New York 10019 (together with its successors and assigns, "Lender").

Isis Pharmaceuticals, Inc. – Guaranty (July 21st, 2017)

This GUARANTY (this "Guaranty") is executed as of July 18, 2017 by IONIS PHARMACEUTICALS, INC., a Delaware corporation, having an address at 2855 Gazelle Court, Carlsbad, California 92010 (whether one or more collectively referred to as "Guarantor"), for the benefit of UBS AG, by and through its branch office at 1285 Avenue of the Americas, New York, New York, having an address at 1285 Avenue of the Americas, 11th Floor, New York, New York 10019 (together with its successors and assigns, "Lender").

Cubescape Inc – Guaranty (July 12th, 2017)

THIS GUARANTY ("Guaranty"), made and entered into this 6th day of July 2017, by and between CHARLES A. ROSS, JR. a/k/a Andy Ross (hereinafter GUARANTOR) and HARVEY M. BURSTEIN (hereinafter "LENDER").

American Realty Capital Healthcare Trust II, Inc. – Guaranty of Recourse Obligations (July 7th, 2017)

This GUARANTY OF RECOURSE OBLIGATIONS (this "Guaranty") is executed as of June 30, 2017 by HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P., a Delaware limited partnership ("Guarantor"), for the benefit of CAPITAL ONE, NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders under the hereinafter described Loan Agreement (together with its successors and permitted assigns in such capacity, "Administrative Agent"), and the Lenders.

Granite Point Mortgage Trust Inc. – Guaranty (July 5th, 2017)

GUARANTY, dated as of June 28, 2017 (as amended, restated, supplemented, or otherwise modified from time to time, this Guaranty), made by Granite Mortgage Trust Inc., a Maryland Corporation (the Guarantor), in favor of UBS AG, by and through its branch office at 1285 Avenue of the Americas, New York, New York (the Buyer).

Granite Point Mortgage Trust Inc. – Guaranty (July 5th, 2017)

GUARANTY, dated as of June 28, 2017 (this Guaranty), made by GRANITE POINT MORTGAGE TRUST, INC., a Maryland corporation (Guarantor), for the benefit of CITIBANK, N.A., a national banking association (Purchaser).

Granite Point Mortgage Trust Inc. – Guaranty (July 5th, 2017)

THIS GUARANTY, dated as of June 28, 2017 (as amended, restated, supplemented, or otherwise modified from time to time, this Guaranty), made by GRANITE POINT MORTGAGE TRUST INC., a Maryland corporation (Guarantor), in favor of MORGAN STANLEY BANK, N.A., a national banking association, as buyer (Buyer).

Reign Sapphire Corp – Personal Guaranty (July 3rd, 2017)
Guaranty (July 3rd, 2017)

This GUARANTY (this Guaranty), dated as of July 2, 2017, is made by ADVA Optical Networking SE, a public company registered in Germany (Guarantor), for the benefit of MRV Communications, Inc., a Delaware corporation (the Guarantied Party).