Guaranty of Payment and Performance Sample Contracts

GUARANTY OF PAYMENT AND PERFORMANCE
Guaranty of Payment and Performance • November 13th, 2012 • Adcare Health Systems Inc • Services-skilled nursing care facilities • New Jersey

THIS GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) made as of August 17, 2012, by ADCARE HEALTH SYSTEMS, INC., an Ohio corporation (the “Guarantor”) in favor of CONTEMPORARY HEALTHCARE FUND I, L.P., a Delaware limited partnership (the “Lender”).

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GUARANTY OF PAYMENT AND PERFORMANCE
Guaranty of Payment and Performance • August 7th, 2012 • Adcare Health Systems Inc • Services-skilled nursing care facilities • Illinois

THIS GUARANTY OF PAYMENT AND PERFORMANCE dated as of July 2, 2012 (this “Guaranty”), is executed by GLENVUE H&R NURSING, LLC, a Georgia limited liability company (the “Operator”), and ADCARE HEALTH SYSTEMS, INC., an Ohio corporation (“AdCare”) (the Operator and AdCare being sometimes referred to herein collectively as the “Guarantors”), jointly and severally, to and for the benefit of THE PRIVATEBANK AND TRUST COMPANY, an Illinois banking corporation (the “Lender”).

GUARANTY OF PAYMENT AND PERFORMANCE
Guaranty of Payment and Performance • July 29th, 2016 • Care Capital Properties, Inc. • Real estate investment trusts • New York

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.

GUARANTY OF PAYMENT AND PERFORMANCE
Guaranty of Payment and Performance • May 5th, 2010 • Newtek Business Services Inc • Services-business services, nec

THIS GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of the 30th day of April, 2010, by Newtek Business Services, Inc., a corporation organized under the laws of the State of New York having an address at 1440 Broadway, 17th Floor, New York, NY 10018 (the “Guarantor”), in favor of Capital One, N.A., having its principal place of business at 275 Broadhollow Road, Melville, New York 11747 (“Lender”).

GUARANTY OF PAYMENT AND PERFORMANCE
Guaranty of Payment and Performance • December 20th, 2010 • Newtek Business Services Inc • Services-business services, nec

THIS GUARANTY OF PAYMENT AND PERFORMANCE (this "Guaranty") is made as of December 15, 2010, by Newtek Business Services, Inc., a corporation organized under the laws of the State of New York having an address at 1440 Broadway, 17th Floor, New York, NY 10018 ("Guarantor"), in favor of Capital One, N.A., having its principal place of business at 275 Broadhollow Road, Melville, New York 11747 ("Lender").

AMENDED AND RESTATED GUARANTY OF PAYMENT AND PERFORMANCE
Guaranty of Payment and Performance • June 21st, 2011 • Newtek Business Services Inc • Services-business services, nec

THIS AMENDED AND RESTATED GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of June 16, 2011 by Newtek Business Services, Inc., a corporation organized under the laws of the State of New York having an address at 1440 Broadway, 17th Floor, New York, NY 10018 (“Guarantor”), in favor of Capital One, N.A., having its principal place of business at 275 Broadhollow Road, Melville, New York 11747 (“Lender”).

GUARANTY OF PAYMENT AND PERFORMANCE
Guaranty of Payment and Performance • March 7th, 2013 • Phillips Edison - ARC Shopping Center REIT Inc. • Real estate investment trusts

THIS GUARANTY OF PAYMENT AND PERFORMANCE (“Guaranty”) is made as of the 21st day of December, 2012, by PHILLIPS EDISON – ARC SHOPPING CENTER REIT INC., a Maryland corporation (“REIT”), PHILLIPS EDISON SHOPPING CENTER OP GP LLC, a Delaware limited liability company (“General Partner”), HERON CREEK STATION LLC, a Delaware limited liability company, and each other Subsidiary Guarantor (as defined in the Loan Agreement (as hereinafter defined)), jointly and severally (collectively, the “Guarantor”) in favor of KEYBank National Association, as administrative agent for the benefit of the Lenders (as defined in the Loan Agreement) (“Administrative Agent”).

THIRD AMENDED AND RESTATED GUARANTY OF PAYMENT AND PERFORMANCE (the “Guaranty”)
Guaranty of Payment and Performance • July 3rd, 2008 • MedPro Safety Products, Inc. • Surgical & medical instruments & apparatus • Kentucky
GUARANTY OF PAYMENT AND PERFORMANCE
Guaranty of Payment and Performance • November 13th, 2012 • Adcare Health Systems Inc • Services-skilled nursing care facilities • Illinois

THIS GUARANTY OF PAYMENT AND PERFORMANCE dated as of September 20, 2012 (this “Guaranty”), is executed by ADCARE HEALTH SYSTEMS, INC., an Ohio corporation (the “Guarantor”), to and for the benefit of THE PRIVATEBANK AND TRUST COMPANY, an Illinois banking corporation (the “Lender”).

AMENDED AND RESTATED GUARANTY OF PAYMENT AND PERFORMANCE
Guaranty of Payment and Performance • June 24th, 2015 • Newtek Business Services Corp.

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 OF AGREEMENT AND PLAN OF MERGER
Guaranty of Payment and Performance • October 1st, 2018 • Axos Financial, Inc. • Savings institution, federally chartered

WHEREAS, AXOS CLEARING, LLC, a Nevada limited liability company (“Parent”), Axos Clarity MergeCo., Inc., a Delaware corporation and wholly-owned subsidiary of Parent (“Merger Sub”), COR Securities Holdings Inc., a Delaware corporation (“Company”), and certain additional parties set forth therein are entering into an Agreement and Plan of Merger dated as of September 28, 2018 (the “Merger Agreement” (capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Merger Agreement)), which provides, among other things, for the merger of Merger Sub with and into Company on the terms and conditions set forth in the Merger Agreement; and

GUARANTY OF PAYMENT AND PERFORMANCE
Guaranty of Payment and Performance • February 29th, 2024 • Zoned Properties, Inc. • Operators of nonresidential buildings

THIS GUARANTY (this “Guaranty”) is made this 27th day of February, 2024 by THE PHARM, LLC, a Delaware limited liability company (herein called “Guarantor”) in favor of ZP RE HOLDINGS, LLC, an Arizona limited liability company (herein called “Landlord”).

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