Guaranty Sample Contracts

Strategic Student & Senior Housing Trust, Inc. – Guaranty of Completion (October 12th, 2018)

THIS GUARANTY OF COMPLETION (this "Completion Guaranty") is entered into effective as of August 31, 2018, by STRATEGIC STUDENT & SENIOR HOUSING TRUST, INC., a Maryland corporation ("Guarantor", collectively if more than one) for the benefit of KEYBANK NATIONAL ASSOCIATION, a national banking association, and any subsequent holder of the Note (the "Lender").

AMEDICA Corp – Guaranty (October 5th, 2018)

THIS GUARANTY, is dated as of October 1, 2018, by DANIEL CHON, individually (the "Guarantor"), in favor of AMEDICA CORPORATION, a Delaware corporation (the "Seller"), and is executed in connection with that certain Asset Purchase Agreement, of even date herewith, by and among, Buyer, as buyer, and Seller and US SPINE, INC., a Delaware corporation, collectively, as sellers (the "Agreement"). Capitalized terms used herein and not otherwise defined have the meanings assigned to them in the Agreement. In consideration of the Seller's giving, in its discretion, time, credit, or other accommodations to Buyer and its successors in connection with the Agreement, Guarantor agrees as follows:

Guaranty (October 1st, 2018)

THIS GUARANTY dated as of September 27, 2018 (this "Guaranty") executed and delivered by each of the undersigned and the other Persons from time to time party hereto pursuant to the execution and delivery of an Accession Agreement in the form of Annex I hereto (all of the undersigned, together with such other Persons each a "Guarantor" and collectively, the "Guarantors") in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as Administrative Agent (the "Administrative Agent") for the Lenders under that certain First Amended and Restated Credit Agreement, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement"), by and among UDR, Inc., a Maryland corporation (the "Borrower"), the financial institutions party thereto and their assignees under Section 12.5. thereof (the "Lenders"), the Administrative Agent, and the other parties thereto, for its benefit and the benefit of the Lenders, the Issuing Banks a

Everett SpinCo, Inc. – Amended and Restated Performance Guaranty (September 27th, 2018)
Ehealth – [Execution] GUARANTY Dated as of September 17, 2018 Among PLANPRESCRIBER, INC. And THE OTHER GUARANTORS PARTY HERETO FROM TIME TO TIME, and ROYAL BANK OF CANADA, as Administrative Agent and Collateral Agent 5347156.7 (September 19th, 2018)
KLX Energy Services Holdings, Inc. – Dated as of September 14, 2018 KLX ENERGY SERVICES HOLDINGS, INC. THE OTHER GUARANTORS FROM TIME TO TIME PARTY HERETO JPMORGAN CHASE BANK, N.A., as Collateral Agent and Administrative Agent GUARANTY (September 19th, 2018)

GUARANTY dated as of September 14, 2018 (as amended, restated, amended and restated, modified or supplemented from time to time, this Agreement) among KLX ENERGY SERVICES HOLDINGS, INC., the other GUARANTORS from time to time party hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent and JPMORGAN CHASE BANK, N.A., as Collateral Agent for the benefit of the Secured Parties referred to herein.

OUTFRONT Media Inc. – Guaranty (September 7th, 2018)

This GUARANTY, (this "Agreement") dated as of September 6, 2018, is between OUTFRONT MEDIA INC., a Maryland corporation (the "Guarantor"), and MUFG BANK, LTD., as buyer (the "Buyer") under the Master Framework Agreement, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the "Framework Agreement"), between Outfront Media LLC, a Delaware limited liability company, as seller (the "Seller") and the Buyer. Capitalized terms used and not otherwise defined in this Agreement are used as defined in, or by reference in, the Framework Agreement. The interpretive provisions set out in Section 1.2 of the Framework Agreement shall be incorporated herein and applied in the interpretation of this Agreement.

Strategic Student & Senior Housing Trust, Inc. – GUARANTY MULTISTATE (Revised 4-19-2018) (September 7th, 2018)

THIS GUARANTY ("Guaranty") is entered into to be effective as of August 31, 2018, by STRATEGIC STUDENT & SENIOR HOUSING TRUST, INC., a Maryland corporation ("Guarantor", collectively if more than one), for the benefit of KEYBANK NATIONAL ASSOCIATION, a national banking association ("Lender").

Weatherford International Ltd – Affiliate Guaranty (August 20th, 2018)

THIS AFFILIATE GUARANTY (as the same may be amended, restated, supplemented or otherwise modified from time to time, this Guaranty) is made as of August 16, 2018 by and among Weatherford International plc, an Irish public limited company (the Parent) and each of the Subsidiaries of the Parent listed on the signature pages hereto (the Parent and each such listed Subsidiary, each an Initial Guarantor) and those additional Subsidiaries of the Parent that become parties to this Guaranty by executing a supplement hereto (a Guaranty Supplement) in the form attached hereto as Annex I (such additional Subsidiaries, together with the Initial Guarantors, the Guarantors), in favor of JPMorgan Chase Bank, N.A., as Administrative Agent (the Administrative Agent), for the benefit of itself and the other holders of the Guaranteed Obligations (as defined below) (all such holders, the Guaranteed Parties). Unless otherwise defined herein, capitalized terms used herein and not defined herein shall have

American Complex Care Inc – Guaranty (August 14th, 2018)

Guaranty, dated as of May 1, 2018 by Summer Energy Holdings, Inc., a Nevada corporation (the "Guarantor"), in favor of EDF Trading North America, LLC, a Delaware limited liability company ("EDFT NA") and EDF Energy Services, LLC ("EDFES" and, together with EDFT NA, the "Counterparty").

American Realty Capital New York City REIT, Inc. – Guaranty of Recourse Obligations (August 14th, 2018)

This GUARANTY OF RECOURSE OBLIGATIONS (this "Guaranty"), dated as of April 13, 2018, made by and among NEW YORK CITY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership, having an address at 106 York Road, Jenkintown, Pennsylvania 19046 ("Guarantor"), in favor of SOCIETE GENERALE, having an address of 245 Park Avenue, New York, New York 10167 (together with its successors and assigns, hereinafter referred to as "Lender").

Sysorex, Inc. – Corporate Guaranty (August 13th, 2018)

This Corporate Guaranty ("Guaranty") is issued effective June 22, 2016, by Sysorex Global, Inc., a Nevada corporation with offices located at 2479 E. Bayshore Road, Suite 195, Palo Alto, CA 94303 ("Guarantor") to induce Avnet, Inc., a New York corporation with offices at 2211 S. 47th Street, Phoenix, AZ 85034 and its subsidiaries and affiliates listed in Exhibit A ("Avnet") to extend credit to Guarantor's affiliates and subsidiaries listed in Exhibit B ("Debtor").

Pennymac Mortgage Invest Tr – Guaranty (August 8th, 2018)

THIS GUARANTY, dated as of August 3, 2018 (as amended, restated, supplemented, or otherwise modified from time to time, this "Guaranty"), is made by PennyMac Mortgage Investment Trust, a Maryland real estate investment trust (the "Guarantor"), in favor of BNP Paribas (the "Buyer").

Guaranty (August 7th, 2018)

This Guaranty (as it may be amended, modified, amended and restated or divided from time to time in accordance with the terms hereof, this "Agreement"), dated as of April 26, 2018 (the "Effective Date"), is made by and among (i) Brookdale Senior Living Inc., a Delaware corporation (or any entity succeeding thereto by consolidation, merger or acquisition of all or substantially all of its assets, "Guarantor"), (ii) each of the parties identified as "Tenant" on the signature pages hereto (each such party identified as a Tenant on the signature pages hereto, together with its respective successors and permitted assigns, a "Tenant" and, collectively, the "Tenants", and together with Guarantor and its Affiliates who are party to any BKD/VTR Document (as defined below), the "BKD Parties"), (iii) Ventas, Inc., a Delaware corporation ("Ventas"), acting for and on behalf of itself and each of its Affiliates who are party to any BKD/VTR Document, and (iv) each of the parties identified as "Landl

Strategic Storage Trust IV, Inc. – Guaranty (August 6th, 2018)

THIS GUARANTY (this "Guaranty") dated as of July 31, 2018, executed and delivered by each of the undersigned, whether one or more, (individually and collectively, "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 even date herewith, by and among SST IV 1105 NE INDUSTRIAL BLVD, LLC, a Delaware limited liability company, SST IV 3730 EmmetT F Lowry Expy, LLC, a Delaware limited liability company, SST IV 3167 Van Buren Blvd, LLC, a Delaware limited liability company, SST IV 8020 Las Vegas Blvd S, LLC, a Delaware limited liability company, SST IV 1401 N Meridian Ave, LLC, a Delaware limited liability company, and SST IV 2555 W Centennial Pkwy, LLC, a Delaware limited liability company (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, resta

Ramaco Resources, Inc. – CORPORATE GUARANTY Dated as of June___, 2018 (August 6th, 2018)
CURO Group Holdings Corp. – Article Ii Performance Guaranty (August 6th, 2018)
New Ulm Telecom – Second Amended and Restated Continuing Guaranty (August 3rd, 2018)

This SECOND AMENDED AND RESTATED CONTINUING GUARANTY (this Continuing Guaranty) is jointly and severally made and entered into as of July 31, 2018, by NUVERA COMMUNICATIONS, INC., a Minnesota corporation (the Borrower), each of the signatories listed on the signature pages hereto as Guarantors and each of the other Persons that becomes a party hereto pursuant to Section 14 (the Guarantors and individually, a Guarantor), in favor of and for the benefit of COBANK, ACB, a federally chartered instrumentality of the United States of America (CoBank). This Continuing Guaranty amends and restates in its entirety that certain Amended and Restated Continuing Guaranty, dated as of December 31, 2014, made by the Borrower, Hutchinson Telephone Company, New Ulm Long Distance, Inc., New Ulm Cellular #9, Inc., New Ulm Phonery, Inc., Peoples Telephone Company, Western Telephone Company, Hutchinson Telecommunications, Inc., Hutchinson Cellular, Inc., Sleepy Eye Telephone Company, Tech Trends, Inc., an

Fat Brands, Inc – Guaranty (July 10th, 2018)

This Guaranty, dated as of July 3, 2018 (this "Guaranty") is made by FATBURGER NORTH AMERICA, INC., a Delaware corporation, PONDEROSA FRANCHISING COMPANY LLC, a Delaware limited liability company, BONANZA RESTAURANT COMPANY LLC, a Delaware limited liability company, PONDEROSA INTERNATIONAL DEVELOPMENT, INC., a Delaware corporation, PUERTO RICO PONDEROSA, INC., a Delaware corporation, BUFFALO'S FRANCHISE CONCEPTS, INC., a Nevada corporation, BUFFALO'S FRANCHISE CONCEPTS INC., a Georgia corporation, FATBURGER CORPORATION, a Delaware corporation and HOMESTYLE DINING LLC, a Delaware limited liability company ( together each other entity that becomes a guarantor hereunder, the "Guarantors") in favor of FB LENDING, LLC (the "Lender").

Retail Value Inc. – Retail Value Inc. PNC Revolver / DDR Guaranty Fee and Reimbursement Letter (July 2nd, 2018)

Reference is hereby made to that certain Credit Agreement dated as of the date hereof with respect to a $30 million revolving facility (as amended, restated, supplemented or otherwise modified from time to time, the PNC Revolver; defined terms used herein but not defined herein shall have the meanings given to such terms in the PNC Revolver) to be provided by PNC Bank, National Association (PNC Bank), as administrative agent, to Retail Value Inc., an Ohio corporation, as borrower (RVI or you).

Janel World Trade – Commercial Guaranty (June 27th, 2018)
Janel World Trade – Commercial Guaranty (June 27th, 2018)
Colony NorthStar Credit Real Estate, Inc. – Guaranty (June 25th, 2018)

GUARANTY, dated as of June 19, 2018 (as amended, restated, supplemented or otherwise modified from time to time, this "Guaranty"), made by CREDIT RE OPERATING COMPANY, LLC, a Delaware limited liability company ("Guarantor"), for the benefit of GOLDMAN SACHS BANK USA, a New York State member bank ("Purchaser").

Helios & Matheson North America Inc. – Guaranty (June 21st, 2018)

This GUARANTY, dated as of June ___, 2018 (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 (June 21st, 2018)

This GUARANTY, dated as of June ___, 2018 (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").

Bloom Energy Corp – Guaranty (June 12th, 2018)

GUARANTY (this Guaranty) dated as of March 16, 2012 by Bloom Energy Corporation, a Delaware corporation (the Guarantor), in favor of Mehetia Inc., a Delaware corporation (the Guaranteed Party).

Agi Guaranty (June 8th, 2018)

This Guaranty (this "Guaranty") is made as of May 31, 2018, by Advanced Green Innovations, LLC, a Nevada limited liability company (the "Guarantor") and American Power Group Corporation, a Delaware corporation (the "Company"). Capitalized terms used herein and not defined shall have the meanings assigned such terms in the Purchase Agreement (as defined below).

Perspecta Inc. – Guaranty (June 6th, 2018)

This GUARANTY, dated as of May 31, 2018 (this Guaranty), is made by PERSPECTA INC. (f/k/a Ultra SC Inc.), a Nevada corporation (Guarantor), in favor of MUFG BANK, LTD. (F/K/A THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., NEW YORK BRANCH) (BTMU), as Administrative Agent (as defined below) (the Guaranteed Party) for the benefit of the Purchasers (as defined below).

Steadfast Income REIT, Inc. – GUARANTY MULTISTATE (Revised 4-19-2018) (June 6th, 2018)

THIS GUARANTY ("Guaranty") is entered into to be effective as of May 31, 2018, by STEADFAST INCOME REIT, INC., a Maryland corporation ("Guarantor", collectively if more than one), for the benefit of PNC BANK, NATIONAL ASSOCIATION, a national banking association ("Lender").

Hanover Capital Mortgage Holdings, Inc. – Guaranty (June 6th, 2018)

This GUARANTY (as the same may be amended, restated, supplemented or otherwise modified from time to time, this "Guaranty"), dated April 23, 2018, is by Ditech Holding Corporation, a Maryland corporation ("Guarantor").

Steadfast Income REIT, Inc. – GUARANTY MULTISTATE (Revised 4-19-2018) (June 6th, 2018)

THIS GUARANTY ("Guaranty") is entered into to be effective as of May 31, 2018, by STEADFAST INCOME REIT, INC., a Maryland corporation ("Guarantor", collectively if more than one), for the benefit of PNC BANK, NATIONAL ASSOCIATION, a national banking association ("Lender").

Corning Natural Gas Holding Corp – Continuing Guaranty (May 25th, 2018)
Hong Kong Highpower Tech Inc – Maximum Amount Guaranty Contract (Apply to Lines of Credit) Ref: Xing Yin Shen Longgang Credit (Guarantee) Zi (2018) No. 0033A (May 11th, 2018)
Hong Kong Highpower Tech Inc – Maximum Amount Guaranty Contract (Apply to Lines of Credit) (May 11th, 2018)
Wheeler Real Estate Investment – Borrower's Certification Regarding Loan Extension and Guarantor's Reaffirmation of Obligations Under Guaranty (May 9th, 2018)

In connection with that certain loan (the "Loan") made by REVERE HIGH YIELD FUND, LP, a Delaware limited partnership having an office at 2000 McKinney Avenue, Suite 2125, Dallas, Texas 75201 (the "Lender") to WHEELER REIT, L.P., a Virginia limited partnership having an office and place of business located at 2529 Virginia Beach Boulevard, Virginia Beach, Virginia 23452 (the "Borrower"), evidenced by, among other things, that certain Term Loan and Security Agreement dated as of April 8, 2016, as subsequently amended (the "Loan Agreement") ; the Borrower hereby represents, warrants and certifies to Lender as of this 3rd day of May, 2018 as follows in connection with Borrower's request to extend the Maturity Date (as defined in the Loan Agreement) for one (1) period of two (2) weeks to May 15, 2018: