Guaranty Of Payment Sample Contracts

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CharuTech Interactive – Guaranty of Payment Agreement (March 8th, 2017)

THIS GUARANTY OF PAYMENT AGREEMENT (this "Agreement") is made as of March 1, 2017, by MAM SOFTWARE, INC., a Delaware corporation (the "Guarantor"), in favor of UNIVEST BANK AND TRUST CO., its successors and assigns (the "Lender").

Guaranty of Payment (February 22nd, 2017)

GUARANTY OF PAYMENT (this "Guaranty"), made as of February 16, 2017, jointly and severally by Prologis, Inc., a Maryland corporation ("General Partner"), and Prologis, L.P., a Delaware limited partnership ("Prologis LP" and, together with General Partner, each a "Guarantor" and collectively, the "Guarantors"), for the benefit of SUMITOMO MITSUI BANKING CORPORATION, as Administrative Agent (in such capacity, the "Administrative Agent"), for the lenders (the "Lenders") that are from time to time parties to the Fifth Amended and Restated Revolving Credit Agreement (as amended or otherwise modified from time to time, the "Credit Agreement"), dated as of the date hereof, among Prologis Marunouchi Finance Investment Limited Partnership (the "Initial Borrower"), any affiliate of the Initial Borrower that becomes a party thereto, the Guarantors, the Lenders and the Administrative Agent. Capitalized terms used but not defined herein have the meanings ascribed thereto in the Credit Agreement.

Condor Hospitality Trust, Inc. – Limited Guaranty of Payment and Performance (December 20th, 2016)

This Limited Guaranty of Payment and Performance (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the "Limited Guaranty") is entered into as of December 14, 2016 and given by CONDOR HOSPITALITY TRUST, INC., a Maryland corporation ("Guarantor") to and in favor of GREAT WESTERN BANK ("Bank").

Sears Hometown And Outlet Store – Page PREAMBLE 1 RECITALS 1 AGREEMENT 2 ARTICLE I DEFINITIONS AND INTERPRETATION SECTION 1.1. Definitions 2 SECTION 1.2. Interpretation 8 SECTION 1.3. Perfection Certificate 8 ARTICLE II GUARANTY SECTION 2.1. Guaranty 8 SECTION 2.2. Guaranteed Obligations Not Affected 8 SECTION 2.3. Security 9 SECTION 2.4. Guaranty of Payment 9 SECTION 2.5. No Discharge or Diminishment of Guaranty 9 SECTION 2.6. Information 10 SECTION 2.7. Subordination 10 ARTICLE III GRANT OF SECURITY AND SECURED OBLIGATIONS SECTION 3.1. Pledge; Grant of Security Interest 11 SECTION 3.2. Secured Obligations 12 SECTION 3.3. Sec (November 7th, 2016)

AMENDED AND RESTATED GUARANTY AND SECURITY AGREEMENT dated as of November 1, 2016 (as amended, restated, supplemented or otherwise modified from time to time in accordance with the provisions hereof, this Agreement) made by (i) SEARS AUTHORIZED HOMETOWN STORES, LLC, a Delaware limited liability company having an office at 5500 Trillium Boulevard, Suite 501, Hoffman Estates, Illinois 60192, as lead borrower for itself and the other Borrowers (the Lead Borrower), (ii) THE OTHER BORROWERS LISTED ON THE SIGNATURE PAGES HERETO (together with the Lead Borrower, the Original Borrowers) OR FROM TIME TO TIME PARTY HERETO BY EXECUTION OF A JOINDER AGREEMENT (the Additional Borrowers, and together with the Original Borrowers, the Borrowers), and (iii) THE GUARANTORS LISTED ON THE SIGNATURE PAGES HERETO (the Original Guarantors) AND THE OTHER GUARANTORS FROM TIME TO TIME PARTY HERETO BY EXECUTION OF A JOINDER AGREEMENT (the Additional Guarantors, and together with the Original Guarantors, the Guar

Guaranty of Payment (Eqr Guaranty) (November 3rd, 2016)

GUARANTY OF PAYMENT (this Guaranty), made as of November 3, 2016, between EQUITY RESIDENTIAL, a Maryland real estate investment trust, having an address at Two North Riverside Plaza, Suite 400, Chicago, Illinois 60606 (Guarantor), and BANK OF AMERICA, N.A., having an office at 135 S. LaSalle Street, Chicago, Illinois 60603, as administrative agent (Administrative Agent) for the banks (the Banks) party to the Revolving Credit Agreement (as the same may be amended, modified, supplemented or restated, the Agreement), dated as of the date hereof, among ERP OPERATING LIMITED PARTNERSHIP (Borrower), the Banks, Administrative Agent, Wells Fargo Bank, National Association and JPMorgan Chase Bank, N.A., as Co-Syndication Agents, and the other Agents named therein.

SECTION 9.07. Severability 80 SECTION 9.08. Right of Setoff 80 SECTION 9.09. Governing Law; Jurisdiction; Consent to Service of Process 80 SECTION 9.10. WAIVER OF JURY TRIAL 81 SECTION 9.11. Headings 81 SECTION 9.12. Confidentiality 81 SECTION 9.13. Interest Rate Limitation 83 SECTION 9.14. USA PATRIOT Act 83 SECTION 9.15. Conversion of Currencies 83 SECTION 9.16. Termination of Existing Credit Agreement 83 SECTION 9.17. Appointment of the Company. 84 SECTION 9.18. Acknowledgement and Consent to Bail-In of EEA Financial Institutions 84 ARTICLE X Guaranty by the Company 84 SECTION 10.01. Guaran (October 17th, 2016)

REVOLVING CREDIT AGREEMENT dated as of October 11, 2016, among INGREDION INCORPORATED (formerly known as Corn Products International, Inc.), the Subsidiary Borrowers party hereto, the LENDERS party hereto from time to time and JPMORGAN CHASE BANK, N.A., as Administrative Agent.

Guaranty of Payment (August 22nd, 2016)

GUARANTY OF PAYMENT (this Guaranty), made as of August 18, 2016, jointly and severally by PROLOGIS, INC., a Maryland corporation (General Partner), and PROLOGIS, L.P., a Delaware limited partnership (Prologis LP and, together with General Partner, each a Guarantor and collectively, the Guarantors), for the benefit of SUMITOMO MITSUI BANKING CORPORATION, as Administrative Agent (in such capacity, the Administrative Agent), for the lenders (the Lenders) that are from time to time parties to the Term Loan Agreement (as amended or otherwise modified from time to time, the Term Loan Agreement), dated as of August 18, 2016, among Prologis GK Holdings Y.K. (the Borrower), the Guarantors, the Lenders and the Administrative Agent. Capitalized terms used but not defined herein have the meanings ascribed thereto in the Term Loan Agreement.

Care Capital Properties, Inc. – Guaranty of Payment and Performance (July 29th, 2016)

This GUARANTY OF PAYMENT AND PERFORMANCE (this Guaranty) is executed as of July 25, 2016 by CARE CAPITAL PROPERTIES, INC., a Delaware corporation (the Parent) and CARE CAPITAL PROPERTIES, LP, a Delaware limited partnership (CCP LP and together with Parent collectively referred to herein as 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 assigns in such capacity, Administrative Agent), for the benefit of the Lenders.

Nutritional High International Inc – Guaranty of Payment (June 29th, 2016)

FOR VALUE RECEIVED, the receipt and sufficiency whereof are hereby acknowledged, Nutritional High International, Inc., hereby guarantees full, complete and prompt payment and performance by Small's Mill Holdings, Inc., its assigns, or successors in interest of all of the provisions, conditions, covenants and agreements contained in the foregoing Promissory Note, and hereby waive all notice of default by the principal, notice of the acceptance of this guaranty, and consent to any extension of time that may be given by the holder of said note to said maker, its assigns or successors in interest, of the time of payment or performance.

Moody National REIT II, Inc. – Guaranty of Payment Agreement (May 26th, 2016)

THIS GUARANTY OF PAYMENT AGREEMENT (this "Guaranty") is made as of May 24, 2016, by BRETT C. MOODY, an individual having an address at 6363 Woodway, Suite 110, Houston, Texas 77057 ("Moody Guarantor"), MOODY NATIONAL OPERATING PARTNERSHIP II, LP, a Delaware limited partnership, having an address at 6363 Woodway, Suite 110, Houston, Texas 77057 ("LP Guarantor") and MOODY NATIONAL REIT II, INC., a Maryland corporation, having an address at 6363 Woodway, Suite 110, Houston, Texas 77057 ("REIT Guarantor"; together with Moody Guarantor and LP Guarantor, hereinafter referred to, individually and collectively, as the context may require, as "Guarantor") in favor of KeyBank National Association, a national banking association, having an address at 127 Public Square, Cleveland, Ohio 44114, (together with its successors and assigns, "Lender").

James River Group Holdings, Ltd. – Continuing Guaranty of Payment (March 10th, 2016)

WHEREAS, James River Group Holdings, Ltd., a Bermuda company (the "Parent"), directly owns all of the issued and outstanding capital stock of the undersigned JAMES RIVER GROUP HOLDINGS UK LIMITED, a private limited company incorporated under the Laws of England and Wales (the "Guarantor");

Zagg Inc. – GUARANTY OF PAYMENT (Domestic Subsidiary) (March 8th, 2016)

This GUARANTY OF PAYMENT (as the same may from time to time be amended, restated or otherwise modified, this "Agreement") is made effective as of the 3rd day of March, 2016 by:

CharuTech Interactive – Guaranty of Payment Agreement (December 7th, 2015)

THIS GUARANTY OF PAYMENT AGREEMENT (this "Agreement") is made as of December __, 2015, by MAM SOFTWARE, INC., a Delaware corporation (the "Guarantor"), in favor of JP MORGAN CHASE BANK, N.A., a national banking association, its successors and assigns (the "Lender").

S&W Seed Company – GUARANTY OF PAYMENT (Subsidiary) (September 23rd, 2015)

This GUARANTY OF PAYMENT (as the same may from time to time be amended, restated or otherwise modified, this "Agreement") is made as of the 22nd day of September, 2015 by:

Newtek Business Services – Amended and Restated Guaranty of Payment and Performance (June 24th, 2015)

THIS AMENDED AND RESTATED GUARANTY OF PAYMENT AND PERFORMANCE (this Guaranty) is made as of June 18, 2015 by Newtek Business Services Corp., a Maryland corporation and successor-in-interest to Newtek Business Services, Inc., a New York corporation, with its principal executive offices at 212 West 35th Street, New York, New York 10001 (Guarantor), in favor of Capital One, National Association having an address at 299 Park Avenue, New York, New York 10171 (Lender).

Guaranty of Payment and Performance (March 31st, 2015)

THIS GUARANTY OF PAYMENT AND PERFORMANCE dated as of January 30, 2015 (this "Guaranty"), is made by ADCARE HEALTH SYSTEMS, INC., a Georgia corporation (the "Guarantor"), to and for the benefit of THE PRIVATEBANK AND TRUST COMPANY, an Illinois banking corporation (the "Lender").

Guaranty of Payment and Performance (March 31st, 2015)

THIS GUARANTY OF PAYMENT AND PERFORMANCE dated as of February 25, 2015 (this "Guaranty"), is made by ADCARE HEALTH SYSTEMS, INC., a Georgia corporation (the "Guarantor"), to and for the benefit of THE PRIVATEBANK AND TRUST COMPANY, an Illinois banking corporation (the "Lender").

Page ARTICLE I DEFINITIONS SECTION 1.01. Credit Agreement 1 SECTION 1.02. Other Defined Terms 1 ARTICLE II GUARANTY SECTION 2.01. Guaranty 2 SECTION 2.02. Guaranty of Payment 2 SECTION 2.03. No Limitations; Guaranty Absolute 3 SECTION 2.04. Reinstatement 4 SECTION 2.05. Agreement to Pay; Subrogation 4 SECTION 2.06. Information 4 SECTION 2.07. Keepwell 4 ARTICLE III INDEMNITY, SUBROGATION AND SUBORDINATION SECTION 3.01. Indemnity and Subrogation 5 SECTION 3.02. Contribution and Subrogation 5 SECTION 3.03. Subordination 5 ARTICLE IV MISCELLANEOUS SECTION 4.01. Notices 6 SECTION 4.02. Waivers; Am (March 17th, 2015)

GUARANTY dated as of March 17, 2015, among SURGICAL CARE AFFILIATES, INC., a Delaware corporation (the Borrower), certain subsidiaries of the Borrower from time to time party hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent.

Industrial Services of America, Inc. – Guaranty of Payment (January 20th, 2015)

This GUARANTY OF PAYMENT is dated as of January 15, 2015 (this Guaranty), and executed by INDUSTRIAL SERVICES OF AMERICA, INC., a Florida corporation, (the Guarantor), to and for the benefit of THE BANK OF KENTUCKY, INC., a Kentucky banking corporation, (the Lender).

Inland Real Estate Income Trust, Inc. – Replacement Guaranty of Payment and Recourse Obligations (December 22nd, 2014)

REPLACEMENT GUARANTY OF PAYMENT AND RECOURSE OBLIGATIONS dated as of December 15, 2014 (this "Guaranty"), is executed by INLAND REAL ESTATE INCOME TRUST, INC., a Maryland corporation ("Guarantor"), to and for the benefit of PNC BANK, NATIONAL ASSOCIATION, a national banking association (the "Lender").

Inland Real Estate Income Trust, Inc. – Replacement Guaranty of Payment and Recourse Obligations (December 22nd, 2014)

REPLACEMENT GUARANTY OF PAYMENT AND RECOURSE OBLIGATIONS dated as of December 15, 2014 (this "Guaranty"), is executed by INLAND REAL ESTATE INCOME TRUST, INC., a Maryland corporation ("Guarantor"), to and for the benefit of PNC BANK, NATIONAL ASSOCIATION, a national banking association (the "Lender").

Inland Real Estate Income Trust, Inc. – Replacement Guaranty of Payment and Recourse Obligations (December 22nd, 2014)

REPLACEMENT GUARANTY OF PAYMENT AND RECOURSE OBLIGATIONS dated as of December 15, 2014 (this "Guaranty"), is executed by INLAND REAL ESTATE INCOME TRUST, INC., a Maryland corporation ("Guarantor"), to and for the benefit of PNC BANK, NATIONAL ASSOCIATION, a national banking association (the "Lender").

Guaranty of Payment and Performance (November 13th, 2014)

THIS GUARANTY OF PAYMENT AND PERFORMANCE dated as of September 24, 2014 (this "Guaranty"), is executed by ADCARE HEALTH SYSTEMS, INC., a Georgia corporation (the "Guarantor"), to and for the benefit of THE PRIVATEBANK AND TRUST COMPANY, an Illinois banking corporation (the "Lender").

James River Group Holdings, Ltd. – Continuing Guaranty of Payment (November 7th, 2014)

WHEREAS, Franklin Holdings (Bermuda), Ltd. (the "Parent") directly or indirectly owns more than 99% of the issued and outstanding capital stock of Franklin Holdings II (Bermuda), Ltd. ("Holdings II");

Guaranty of Payment (October 20th, 2014)

THIS GUARANTY OF PAYMENT (this Guaranty), made as of March 10, 2006, by PEAK RESORTS, INC., a Missouri corporation (Guarantor) to and for the benefit of EPT CROTCHED MOUNTAIN, INC. (Lender).

Lanx, Inc. – Page ARTICLE I DEFINITIONS SECTION 1.01. Credit Agreement 1 SECTION 1.02. Other Defined Terms 1 ARTICLE II GUARANTY SECTION 2.01. Guaranty 2 SECTION 2.02. Guaranty of Payment 2 SECTION 2.03. No Limitations; Guaranty Absolute 2 SECTION 2.04. Reinstatement 3 SECTION 2.05. Agreement to Pay; Subrogation 3 SECTION 2.06. Information 4 ARTICLE III INDEMNITY, SUBROGATION AND SUBORDINATION SECTION 3.01. Indemnity and Subrogation 4 SECTION 3.02. Subordination 4 ARTICLE IV MISCELLANEOUS SECTION 4.01. Notices 5 SECTION 4.02. Waivers; Amendment 5 SECTION 4.03. Administrative Agents Fees and Expenses, Indem (September 26th, 2014)

DUTCH GUARANTY dated as of November 14, 2012, among each of the Guarantors identified herein, and BANK OF AMERICA, N.A., as Administrative Agent (as defined below).

Lanx, Inc. – Page ARTICLE I DEFINITIONS SECTION 1.01. Credit Agreement 1 SECTION 1.02. Other Defined Terms 1 ARTICLE II GUARANTY SECTION 2.01. Guaranty 2 SECTION 2.02. Guaranty of Payment 2 SECTION 2.03. No Limitations; Guaranty Absolute 2 SECTION 2.04. Reinstatement 3 SECTION 2.05. Agreement to Pay; Subrogation 4 SECTION 2.06. Information 4 ARTICLE III INDEMNITY, SUBROGATION AND SUBORDINATION SECTION 3.01. Indemnity and Subrogation 4 SECTION 3.02. Subordination 4 ARTICLE IV MISCELLANEOUS SECTION 4.01. Notices 5 SECTION 4.02. Waivers; Amendment 5 SECTION 4.03. Administrative Agents Fees and Expenses, Indem (September 26th, 2014)

Reference is made to the Credit Agreement dated as of November 14, 2012 (as amended, supplemented or otherwise modified from time to time, the Credit Agreement), among Biomet, Inc. (the Parent Borrower), the Parent Borrowers wholly owned domestic restricted subsidiaries (together with the Parent Borrower, the U.S. Borrowers), Biomet Global Supply Chain Center B.V. (the Dutch Parent Borrower), Holdings, Bank of America, N.A., as Administrative Agent, Swing Line Lender, and L/C Issuer, and each lender from time to time party thereto (collectively, the Lenders and individually, a Lender). The Lenders have agreed to extend credit to the U.S. Borrowers subject to the terms and conditions set forth in the Credit Agreement. The obligations of the Lenders to extend such credit are conditioned upon, among other things, the execution and delivery of this Agreement. Holdings is an affiliate of the U.S. Borrowers, will derive substantial benefits from the extension of credit to the U.S. Borrowers

Inland Real Estate Income Trust, Inc. – Guaranty of Payment, Recourse Obligations and Completion (August 5th, 2014)

GUARANTY OF PAYMENT AND RECOURSE OBLIGATIONS dated as of July 31, 2014 (this "Guaranty"), is executed by INLAND REAL ESTATE INCOME TRUST, INC., a Maryland corporation ("Guarantor"), to and for the benefit of PNC BANK, NATIONAL ASSOCIATION, a national banking association (the "Lender").

Inland Real Estate Income Trust, Inc. – Guaranty of Payment and Recourse Obligations (May 13th, 2014)

GUARANTY OF PAYMENT AND RECOURSE OBLIGATIONS dated as of May 8, 2014 (this "Guaranty"), is executed by INLAND REAL ESTATE INCOME TRUST, INC., a Maryland corporation ("Guarantor"), to and for the benefit of PNC BANK, NATIONAL ASSOCIATION, a national banking association (the "Lender").

Consent to Transaction and Guaranty of Payment (April 25th, 2014)

THIS GUARANTY OF PAYMENT (this "Guaranty") is made as of the 21st day of April, 2014, by EXCEL CORP., a Delaware corporation with its offices at ____________________________ (the "Guarantor" or "Excel") in favor of SHADOW TREE INCOME FUND A LP, a Delaware limited partnership having an address at 8 Hollowtree Road, Briarcliff Manor, New York 10510 (the "Lender").

Guaranty of Payment (December 13th, 2013)

THIS GUARANTY OF PAYMENT (this "Guaranty") is made as of the 10th day of December, 2013, by NEOSTEM, INC., a Delaware corporation, having an address set forth after its signature below (and with any of its successors, "Guarantor"), in favor of TD BANK, N.A., a national banking association, having a regional office at 71 Union Avenue, East Rutherford , NJ 07073 ("Lender").

Industrial Services of America, Inc. – Guaranty of Payment (October 21st, 2013)

This GUARANTY OF PAYMENT is dated as of October 15, 2013 (this "Guaranty"), and executed by INDUSTRIAL SERVICES OF AMERICA, INC., a Florida corporation, (the "Guarantor"), to and for the benefit of THE BANK OF KENTUCKY, INC., a Kentucky banking corporation, (the "Lender").

Prologis, L.P. – Guaranty of Payment (August 16th, 2013)

GUARANTY OF PAYMENT (this Guaranty), made as of August 14, 2013, jointly and severally by PROLOGIS, INC., a Maryland corporation (General Partner), and PROLOGIS, L.P., a Delaware limited partnership (Prologis LP and, together with General Partner, each a Guarantor and collectively, the Guarantors), for the benefit of SUMITOMO MITSUI BANKING CORPORATION, as Administrative Agent (in such capacity, the Administrative Agent), for the banks (the Banks) that are from time to time parties to the Fourth Amended and Restated Revolving Credit Agreement (as amended or otherwise modified from time to time, the Credit Agreement), dated as of the date hereof, among Prologis Japan Finance Y.K. (the Initial Borrower), any affiliate of the Initial Borrower that becomes a party thereto, the Guarantors, the Banks and the Administrative Agent. Capitalized terms used but not defined herein have the meanings ascribed thereto in the Credit Agreement.

Pacific Biomarkers Inc – LIMITED GUARANTY OF PAYMENT (Up to $1,000,000) (April 16th, 2013)

THIS LIMITED GUARANTY OF PAYMENT (this "Guaranty") is made as of the 7th day of December, 2012, by Steven Leber, Joseph Bernstein and Dr. Robert Cohen (each, a "Guarantor" and together, the "Guarantors"), in favor of the holders ("Lenders") of the Secured Convertible Promissory Notes (the "Notes") issued pursuant to that certain Note Purchase Agreement, dated as of December 7, 2012, by and among Grandparents.com, Inc., a Delaware corporation (the "Borrower") and the Lenders (together with all extensions, renewals, modifications, substitutions and amendments thereof, the "Note Purchase Agreement").

Allied Nevada Gold Corp – Guaranty of Payment (March 29th, 2013)

THIS GUARANTY dated as of March 27, 2013 (this Guaranty) is made and entered into by ALLIED NEVADA GOLD CORP, 9790 Gateway Drive, Suite 200 Reno, NV 89521 (hereinafter, referred to as the Guarantor), in favor of CATERPILLAR FINANCIAL SERVICES CORPORATION, 2120 West End Avenue, Nashville, Tennessee 37203-0001 (hereinafter referred to as Caterpillar Financial), guaranteeing the payment of certain indebtedness (as hereinafter defined) of HYCROFT RESOURCES & DEVELOPMENT INC. (hereinafter referred to as the Obligor)