Payment and Performance Sample Contracts

ARTICLE I REPRESENTATIONS AND WARRANTIES OF THE GUARANTOR
Payment and Performance • September 29th, 2005 • Castle Brands Inc • New York
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THIRD AMENDED AND RESTATED UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • August 8th, 2012 • Ramco Gershenson Properties Trust • Real estate investment trusts

THIS THIRD AMENDED AND RESTATED UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of this 19th day of July, 2012, by RAMCO-GERSHENSON PROPERTIES TRUST, a Maryland real estate investment trust, having its principal place of business and chief executive office at 31500 Northwestern Highway, Suite 300, Farmington Hills, Michigan 48334 (“Trust”), and the other Persons, if any, now or hereafter a party hereto as a Subsidiary Guarantor (the Trust and such other Subsidiary Guarantors are hereinafter referred to collectively as the “Guarantors”), in favor of KeyBank National Association, a national bank organized under the laws of the United States of America, its successors and assigns, for itself (“KeyBank”) and in its capacity as agent (the “Agent”) for certain other lenders (including the Swing Line Lender and the Issuing Bank) that may now be or may hereafter become a party to the “Loan Agreement” (as such term is defined below), having an office at 1200 Abern

UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • March 20th, 2013 • Supertel Hospitality Inc • Real estate investment trusts

THIS UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of May 16, 2007, by SUPERTEL HOSPITALITY, INC., a Virginia corporation (“Guarantor”), for the benefit of GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“Lender”).

ABSOLUTE GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • May 23rd, 2022 • Generation Income Properties, Inc. • Real estate investment trusts • Florida

THIS ABSOLUTE GUARANTY OF PAYMENT AND PERFORMANCE (hereinafter referred to as the “Guaranty”), made to be effective the 9th day of March, 2022, by DAVID SOBELMAN, an individual (the “Individual Guarantor”), and Generation Income Properties, L.P., a Delaware limited partnership (the “Entity Guarantor,” who together with the Individual Guarantor may be referred to herein as a “Guarantor” and collectively, the “Guarantors”), to AMERICAN MOMENTUM BANK (the “Lender”).

18968925.2 (A.4)
Payment and Performance • March 31st, 2015 • Adcare Health Systems, Inc • Services-skilled nursing care facilities • Illinois
SECOND AMENDMENT TO UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • July 24th, 2012 • Carter Validus Mission Critical REIT, Inc. • Real estate investment trusts

THIS SECOND AMENDMENT TO UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE (this “Amendment”), dated as of July 19, 2012, is made by and between CARTER VALIDUS MISSION CRITICAL REIT, INC., a Maryland corporation (“REIT”), and THE ENTITIES LISTED ON THE SIGNATURE PAGES HEREOF AS SUBSIDIARY GUARANTORS (hereinafter referred to individually as a “Subsidiary Guarantor” and collectively, as “Subsidiary Guarantors”; REIT and the Subsidiary Guarantors are sometimes hereinafter referred to individually as a “Guarantor” and collectively as “Guarantors”) and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Agent for the lenders (the “Lenders”) that are a party to the Credit Agreement (as defined below).

RECITALS:
Payment and Performance • August 26th, 1999 • Delta Petroleum Corp/Co • Crude petroleum & natural gas • Colorado
GUARANTY UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • December 17th, 2015 • SecureWorks Corp • Services-prepackaged software • Georgia

THIS UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is entered into this 20th day of April, 2012, by the undersigned, DELL INC., a Delaware corporation (hereinafter referred to as “Guarantor”), in favor of TEACHERS CONCOURSE, LLC, a Delaware limited liability company (hereinafter referred to as “Landlord”).

CONTINUING GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • June 13th, 2006 • Ascendant Solutions Inc • Services-business services, nec

THIS CONTINUING GUARANTY OF PAYMENT AND PERFORMANCE (the "Guaranty") is entered into by and between CRESA Partners of Orange County, LP, a Delaware limited partnership (the "Guarantor"), in favor of First Republic Bank (the "Lender") as of June 8, 2006.

FIRST AMENDMENT TO UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • July 3rd, 2014 • QTS Realty Trust, Inc. • Real estate investment trusts • New York

THIS FIRST AMENDMENT TO UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE (this “Amendment”) dated as of June 30, 2014, by and between QTS REALTY TRUST, INC., a Maryland corporation (“REIT”) and REGIONS BANK , as Administrative Agent for the Lenders (the “Agent”).

GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • August 31st, 2018 • Newtek Business Services Corp.

THIS GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of July 31, 2018 by Newtek Business Services Corp., a Maryland corporation, with its principal executive offices at 1981 Marcus Avenue, Suite 130, Lake Success, New York 11042 (“Guarantor”), in favor of (i) Capital One, National Association, in its capacity as administrative agent (in such capacity, the “Administrative Agent”) for itself and for the Lenders and the other Secured Parties (as such terms are defined in the Credit Agreement identified below), having an address at 299 Park Avenue, New York, New York 10171, and (ii) the Lenders, having addresses set forth in the Credit Agreement.

GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • April 16th, 2007 • Feldman Mall Properties, Inc. • Real estate investment trusts • New York

This GUARANTY OF PAYMENT AND PERFORMANCE dated as of April 10, 2007 (this “Guaranty”), is executed by FELDMAN MALL PROPERTIES, INC., a Maryland corporation (“Guarantor”), to and for the benefit of KIMCO CAPITAL CORP., a Delaware corporation (“Lender”).

GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • October 23rd, 2007 • Newtek Business Services Inc • Finance services

THIS GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of the 19th day of October, 2007, 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 North Fork Bank, a division of Capital One, N.A., having its principal place of business at 275 Broadhollow Road, Melville, New York 11747 (“Lender”).

ABSOLUTE GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • October 28th, 2009 • Utek Corp • Services-management consulting services • Florida

THIS ABSOLUTE GUARANTY OF PAYMENT AND PERFORMANCE (hereinafter referred to as the “Guaranty”), is made and entered into to be effective the 22nd day of October 2009, by Cortez 114, LLC, a Florida limited liability company (“Cortez”), Ybor City Group, Inc., a Florida corporation (“Ybor”), 22nd Street of Ybor City, Inc., a Florida corporation (“22nd Street”), ABM of Tampa Bay, Inc., a Florida corporation (“ABM”) and UTEK Europe, Ltd., a United Kingdom corporation (“Europe”) (hereinafter collectively referred to as the “Guarantors” and, individually, as a “Guarantor”) in favor of Gators Lender, LLC, a Florida limited liability company, its successors and assigns (hereinafter referred to as the “Lender”).

GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • September 11th, 2013 • Delaware

THIS GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made this day of , 20 , by and (individually and collectively, the "Guarantors"), maintaining an address at , to and for the benefit of CARROLL COMMONS, LLC, a Delaware limited liability company, PO Box 991, Hockessin, DE 19707, its successors and assigns (the "Owner") as follows:

WITNESSETH:
Payment and Performance • September 18th, 1998 • Prospect Medical Holdings Inc • California
GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • March 2nd, 2011 • 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”).

FORM OF GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • June 10th, 2011 • Ivax Diagnostics Inc • Pharmaceutical preparations

This Guaranty of Payment and Performance (this “Guaranty”) is made as of the 10th day of June, 2011, by __________________, a _______________ (“Guarantor”), in favor of CITY NATIONAL BANK OF FLORIDA (“Lender”).

ARTICLE 1
Payment and Performance • August 10th, 2001 • A Consulting Team Inc • Services-miscellaneous business services • New York
UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • November 15th, 2018 • California

This Unconditional Guaranty of Payment and Performance (this “Guaranty”) is made as of November , 2018, by ANAHEIM ARENA MANAGEMENT, LLC, a California limited liability company (“Guarantor”) for the benefit of THE CITY OF ANAHEIM, a municipal corporation and charter city under the laws of the State of California (“City”).

GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • February 11th, 2019 • Sun Pacific Holding Corp. • Retail-eating places • Rhode Island

THIS GUARANTY OF PAYMENT AND PERFORMANCE (“Guaranty”) is made as of this 7th day of February 2019, by Sun Pacific Holding Corp., a Nevada corporation (“Guarantor”) in favor of UMB Bank, N.A., a national banking association, in its capacity as trustee (the “Trustee”) under that certain Indenture of Trust dated as of January 29, 2019 by and between Medrecycler-RI, Inc., and the Trustee (the “Lender”).

UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • May 3rd, 2023 • Local Bounti Corporation/De • Agricultural production-crops

THIS UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of April 27, 2023, by LOCAL BOUNTI CORPORATION, a Delaware corporation (“Guarantor”), for the benefit of STORE MASTER FUNDING XXXI, LLC, a Delaware limited liability company (together with its successors and assigns under the Lease (as defined below), “Lessor”).

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UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • June 2nd, 2011 • Servidyne, Inc. • General bldg contractors - nonresidential bldgs • Georgia

THIS GUARANTY is made as of the 17th day of July, 2002, by ABRAMS PROPERTIES, INC., a Georgia corporation (“Guarantor”), in favor of THE OHIO NATIONAL LIFE INSURANCE COMPANY, an Ohio corporation (“Lender”).

AMENDED AND RESTATED UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • September 2nd, 2022 • Ampco Pittsburgh Corp • Pumps & pumping equipment

THIS AMENDED AND RESTATED UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of August 30, 2022 by AMPCO-PITTSBURGH CORPORATION, a Pennsylvania corporation (“Guarantor”), for the benefit of STORE CAPITAL ACQUISITIONS, LLC, a Delaware limited liability company (together with its successors and assigns under the Lease (as defined below), “Lessor”).

GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • March 19th, 2012 • Adcare Health Systems Inc • Services-skilled nursing care facilities • Illinois

THIS GUARANTY OF PAYMENT AND PERFORMANCE dated as of December 30, 2011 (this “Guaranty”), is executed by WOODLAND MANOR 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”).

UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE
Payment and Performance • November 9th, 2018 • Ampco Pittsburgh Corp • Pumps & pumping equipment

THIS UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of September 28, 2018 by AMPCO-PITTSBURGH CORPORATION, a Pennsylvania corporation (“Guarantor”), for the benefit of STORE CAPITAL ACQUISITIONS, LLC, a Delaware limited liability company (together with its successors and assigns under the Lease (as defined below), “Lessor”).

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