Guaranty Sample Contracts

GUARANTY Dated as of March 19, 2019 Between PETROLEO BRASILEIRO S.A.PETROBRAS, as Guarantor, and THE BANK OF NEW YORK MELLON, as Trustee for the Noteholders Referred to Herein (March 19th, 2019)
Guaranty (March 5th, 2019)

THIS GUARANTY, dated as of March 1, 2019 is made by NORFOLK SOUTHERN CORPORATION, a Virginia corporation (in its capacity as guarantor hereunder, the "Guarantor") in favor of the Beneficiaries (as hereinafter defined) (the "Guaranty").

AMENDED AND RESTATED U.S. GUARANTY Dated as of January 31, 2019 Among MASONITE CORPORATION, THE OTHER U.S. BORROWERS FROM TIME TO TIME PARTY HERETO, THE U.S. SUBSIDIARY GUARANTORS FROM TIME TO TIME PARTY HERETO, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (February 6th, 2019)

AMENDED AND RESTATED U.S. GUARANTY dated as of January 31, 2019 (as amended, restated, amended and restated, modified or supplemented from time to time, this "Agreement") among MASONITE CORPORATION, a Delaware corporation (the "Lead U.S. Borrower"), the other U.S. BORROWERS from time to time party hereto, the SUBSIDIARY GUARANTORS from time to time party hereto (the "U.S. Subsidiary Guarantors") and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent for the benefit of the Secured Parties referred to herein.

Brooklyn Cheesecake & Dessrt – Guaranty (January 18th, 2019)

This GUARANTY is made as of January 16, 2019 (this "Guaranty"), by and among Attis Industries Inc., a New York corporation (the "Guarantor"), in favor of Sunoco Retail LLC, a Pennsylvania limited liability company ("Seller"), and those persons identified in Section 10.4(a) of the Agreement (as defined below) (the "Seller Indemnitees").

Spirit Realty, L.P. – Guaranty (January 14th, 2019)
Digital Power Corporation – Personal Guaranty (December 31st, 2018)

This PERSONAL GUARANTY (this "Guaranty") is made as of the 28th day of December, 2018, by the undersigned (the "Guarantor") for the benefit of Dominion Capital, LLC, a Connecticut limited liability company, and its successors and assigns (the "Investor").

Digital Power Corporation – Performance Guaranty (December 31st, 2018)

This PERFORMANCE GUARANTY (this "Agreement") is made as of the 28th day of December, 2018, by and among Dominion Capital LLC (the "Investor"), DPW Holdings, Inc., a Delaware corporation ("DPW"), Microphase Corporation, a Delaware corporation and subsidiary of DPW ("Microphase"), Enertec Systems 2001 Ltd., an Israeli corporation and subsidiary of DPW ("Enertec"), and Ault & Company, Inc., a Delaware corporation (the "Principal");

Commercial Guaranty (December 27th, 2018)

CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, each Guarantor, jointly and severally, absolutely and unconditionally, guarantees, as primary obligor and not merely as surety, the full and punctual payment and satisfaction of the Indebtedness (defined below) of Borrower to BANKUNITED, N.A., as Administrative Agent and Collateral Agent for the benefit of the Lenders as defined in and party to that certain Credit Agreement, defined below ("Agent"), and the prompt performance and discharge of all Borrower's obligations under the Credit Agreement and the Related Documents. This is a guaranty of payment and performance and not of collection, so Agent can enforce this Guaranty against Guarantor even when Agent has not exhausted Agent's remedies against anyone else obligated to pay the Indebtedness or any portion thereof or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness or any portion thereof. Gua

Youngevity International, Inc. – Guaranty of Obligations of Clr Roasters, Llc (December 19th, 2018)

This GUARANTY, dated as of December 13, 2018 (this "Guaranty"), is made by the undersigned (a "Guarantor), in favor of Carl Grover, in his capacity as the Lender pursuant to the Credit Agreement (each as defined below).

Guaranty (December 17th, 2018)

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 the 14th day of December, 2018 by Bunge Limited, a company incorporated under the laws of Bermuda (together with any successors or assigns permitted hereunder, "BL" or "Guarantor") to JPMorgan Chase Bank, N.A. in its capacity as the administrative agent (together with its successors and assigns, the "Administrative Agent") under the Revolving Credit Agreement, dated as of December 14, 2018 (as amended, 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.

Guaranty (December 12th, 2018)

THIS GUARANTY (this "Guaranty") is dated for reference purposes and executed as of December 10, 2018, by the guarantor identified above ("Guarantor"), with reference to the following facts:

Guaranty (December 12th, 2018)

THIS GUARANTY (this "Guaranty") is dated for reference purposes and executed as of December 10, 2018, by the guarantor identified above ("Guarantor"), with reference to the following facts:

Industrea Acquisition Corp. – Loan Guaranty (December 10th, 2018)

THIS LOAN GUARANTY (as it may be amended, restated, amended and restated, supplemented or otherwise modified from time to time, this "Loan Guaranty") is entered into as of December 6, 2018 by and among Concrete Pumping Holdings Acquisition Corp. (to be renamed Concrete Pumping Holdings, Inc. upon the Merger (as defined in the Term Loan Agreement)), a Delaware corporation ("Holdings"), Concrete Pumping Intermediate Acquisition Corp., a Delaware corporation ("Intermediate Holdings"), Industrea Acquisition Corp., a Delaware corporation ("Buyer"), the Subsidiary Parties (as defined below) from time to time party hereto (Holdings, Intermediate Holdings and the Subsidiary Parties, collectively, the "Loan Guarantors", and each, a "Loan Guarantor") and Credit Suisse AG, Cayman Islands Branch, in its capacity as administrative agent and collateral agent for the lenders party the Term Loan Agreement referred to below (in such capacity, the "Administrative Agent").

Guaranty (December 3rd, 2018)

This GUARANTY (this "Agreement"), dated as of September 4, 2018, is between CHS Inc. ("CHS"), a Minnesota corporation (the "Guarantor"), and MUFG BANK, LTD. ("MUFG"), a Japanese banking corporation, as buyer agent ("Buyer Agent") for the Buyers under the Master Framework Agreement, dated as of the date hereof, among CHS, CHS Capital, LLC, a Minnesota limited liability company (together with CHS, the "Sellers" and each a "Seller"), CHS, as agent for the Sellers (in such capacity, the "Seller Agent"), and MUFG and the other financial institutions from time to time party thereto, as buyers (each, a "Buyer" and, collectively, the "Buyers") (as amended, restated, supplemented or otherwise modified from time to time, the "Framework Agreement"). 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 ap

Guaranty (November 28th, 2018)

This GUARANTY (this "Guaranty"), dated as of November 26, 2018, is executed and delivered by PNM RESOURCES, INC., a New Mexico corporation (the "Parent Guarantor"), in favor of KEYBANK NATIONAL ASSOCIATION, as Administrative Agent (in such capacity, together with its successors and assigns, if any, in such capacity, the "Administrative Agent"), in light of the following:

Nexxus Lighting Inc – Guaranty (November 26th, 2018)
Pleasant Kids, Inc. – Validity Guaranty (November 15th, 2018)

This GUARANTY (this "Guaranty") is made on October 24, 2018 by each of the undersigned (each, a "Guarantor") in favor of AEC YIELD CAPITAL, LLC, a limited liability company organized under the laws of New York (the "Purchaser"), and Purchaser's successors and assigns, in connection with that certain Purchase and Sale Agreement, dated as of even date herewith, between Limecom, Inc., a Florida corporation (the "Seller") and Purchaser (together with all schedules and amendments thereto, the "Agreement"). Capitalized terms used but not defined herein have the meaning given to such terms in the Agreement. In this Guaranty, the words, "I", "me" and "my" mean the Guarantor (or, if there is more than one signatory to this Guaranty as Guarantor, each such Guarantor, jointly and severally). The words "you" and "your" mean Purchaser.

Avenue Therapeutics, Inc. – Guaranty (November 14th, 2018)

This GUARANTY, dated as of November 12, 2018 (as may be amended or modified from time to time, this "Guaranty"), is made by FORTRESS BIOTECH, INC., a Delaware corporation ("Guarantor"), in favor of INVAGEN PHARMACEUTICALS INC., a New York corporation (the "Lender").

Hong Kong Highpower Tech Inc – Maximum Amount Guaranty Contract (November 13th, 2018)

In order to guarantee specified in Article 1 of this contract under the main contract, the payment of the debt guarantor willing to provide guarantee to the creditor. The parties through equal consultation to conclude the contract. Except as otherwise agreed in this contract, the contract of the words in explanation on the basis of the main contract.

Hong Kong Highpower Tech Inc – Maximum Amount Guaranty Contract (Applicable if Guarantor Is Natural Person) (November 13th, 2018)

In order to guarantee specified in article 1 of this contract under the main contract, the payment of the debt guarantor willing to provide guarantee to the creditor. The both parties signed this contract through equal consultation. Except as otherwise agreed in this contract, the words of the contract in explanation are based on the main contract.

Hong Kong Highpower Tech Inc – Maximum Pledge Guaranty Contract (November 13th, 2018)

In order to ensure the execution of the Contract (hereinafter referred to as the Main Contract) between Party A and Huizhou Highpower Technology Co. Ltd. (hereinafter referred to as the Debtor) Party B is willing to provide its legally possessed property as a pledge for Party A. IN WITNESS WHEREOF, Party A and Party B hereby agree to make and enter into this Contract upon consensus through consultation. Both Parties are willing to abide by the following terms and conditions.

Hong Kong Highpower Tech Inc – Maximum Amount Guaranty Contract (November 13th, 2018)

In order to guarantee specified in Article 1 of this contract under the main contract, the payment of the debt guarantor willing to provide guarantee to the creditor. The both parties signed this contract through equal consultation. Except as otherwise agreed in this contract, the words of the contract in explanation are based on the main contract.

Wells Fargo Amended and Restated Continuing Guaranty (November 13th, 2018)

This Guaranty amends, modifies, restates and replaces, but does not satisfy nor act as a novation of the obligations under, relating to, or in connection with, that certain Amended and Restated Continuing Guaranty dated as of March 16, 2015 executed and delivered by Guarantor hereunder in favor of Bank.

Hong Kong Highpower Tech Inc – Maximum Suretyship Guaranty Contract (November 13th, 2018)

In order to ensure the execution of the Contract (hereinafter referred to as the Main Contract) between Party A and Huizhou Highpower Technology Co. Ltd. (hereinafter referred to as the Debtor), Party B is willing to provide Party A with suretyship of joint and several liability as the Surety of the Debtor of the Main Contract. IN WITNESS WHEREOF, Party A and Party B hereby make and enter into this Contract upon consensus through consultation. Both Parties are willing to abide by the following terms and conditions.

Hong Kong Highpower Tech Inc – Maximum Amount Guaranty Contract (November 13th, 2018)

In order to guarantee specified in Article 1 of this contract under the main contract, the payment of the debt guarantor willing to provide guarantee to the creditor. The parties through equal consultation to conclude the contract. Except as otherwise agreed in this contract, the contract of the words in explanation on the basis of the main contract.

SEACOR Marine Holdings Inc. – Guaranty (November 13th, 2018)

This GUARANTY (this "Guaranty"), dated as of September 28, 2018, is made by SEACOR MARINE HOLDINGS INC., a corporation incorporated and existing under the laws of the State of Delaware (the "Parent Guarantor"), in favor of DNB BANK ASA, New York Branch, a corporation organized under the laws of the Kingdom of Norway ("DNB"), as security trustee (the "Security Trustee") for the Creditors under the Credit Agreement referred to in Recital (A) below.

Hong Kong Highpower Tech Inc – Maximum Suretyship Guaranty Contract (November 13th, 2018)

In order to ensure the execution of the Contract (hereinafter referred to as the Main Contract) between Party A and Huizhou Highpower Technology Co. Ltd. (hereinafter referred to as the Debtor), Party B is willing to provide Party A with suretyship of joint and several liability as the Surety of the Debtor of the Main Contract.

Hong Kong Highpower Tech Inc – Maximum Amount Guaranty Contract (Applicable if Guarantor Is Natural Person) (November 13th, 2018)
Hong Kong Highpower Tech Inc – Maximum Amount Guaranty Contract (November 13th, 2018)

Address: Factory A, Chaoshun Industrial Zone, Renmin Road, Fumin Residential Area, Guanlan Street, BaoAn District, shenzhen

Hong Kong Highpower Tech Inc – Maximum Amount Guaranty Contract (November 13th, 2018)

In order to guarantee specified in Article 1 of this contract under the main contract, the payment of the debt guarantor willing to provide guarantee to the creditor. The both parties signed this contract through equal consultation. Except as otherwise agreed in this contract, the words of the contract in explanation are based on the main contract.

Steadfast Apartment REIT, Inc. – Guaranty of Non-Recourse Obligations (November 8th, 2018)

This GUARANTY OF NON-RECOURSE OBLIGATIONS (this "Guaranty"), dated as of July 31, 2018, is executed by the undersigned ("Guarantor"), to and for the benefit of BERKELEY POINT CAPITAL LLC, a Delaware limited liability company ("Lender").

CNL Healthcare Properties II, Inc. – Payment Guaranty (November 8th, 2018)

This PAYMENT GUARANTY ("Guaranty") is executed as of August 31, 2018 by CNL HEALTHCARE PROPERTIES II, INC., a Maryland corporation (the "Guarantor"), to and for the benefit of FLORIDA COMMUNITY BANK, N.A., a national banking association ("Lender"), its successors and assigns.

Foresight Energy LP – Limited Commercial Guaranty (November 7th, 2018)

This Limited Commercial Guaranty ("Guaranty") is entered into as of October 19, 2018, by Foresight Energy LP, a Delaware limited partnership ("Guarantor"), and WPP LLC, a Delaware limited liability company (together with its successors and/or assigns, "WPP").

Affirmation of Guaranty (November 2nd, 2018)

This AFFIRMATION OF GUARANTEE is made as of October 30, 2018 ("Affirmation"), by the undersigned guarantor ("Guarantor") for the benefit of AVIDBANK ("Bank").

Digital Power Corporation – Personal Guaranty of Performance (November 1st, 2018)

This Personal Guaranty of Performance (this "Guaranty") is executed as of January 2, 2018, by Milton C. Ault, III __________ (the "Guarantor"), for the benefit of TVT CAPITAL, LLC ("Buyer").