COMMERCIAL GUARANTY. (Continued)
COMMERCIAL GUARANTY. Loan No. 11788704 (Continued)
COMMERCIAL GUARANTY. Principal Loan Date Maturity Loan No. Call/Coll Account Officer Initials 0001/780 0955232160 LH4 --------------------------------------------------------------------------------------------------- References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item containing "***" has been omitted due to text length limitations. --------------------------------------------------------------------------------------------------- Borrower: PET MED EXPRESS, IN. Lender: SouthTrust Bank (SSN:65-0680967) West Palm Beach 1441 SX 00xx Ave. (Comm Loans - Ft. Lauderxxxx) POMPANO BEACH, FL 33069 225 N. Federal Highway (0xx Xxxxx) Xxxxxxx Xxxxx, XX 00000 (000) 000-0001 Guarantor: MARC PULEO (SSN: ###-##-####) 0000 N. ATLANTA BXXX. XT LAUDERDALE, FL 33308 ============================================================================== AMOUNT OF GUARANTY. The amount of this Guaranty is Unlimited.
COMMERCIAL GUARANTY. PRINCIPAL LOAN DATE MATURITY LOAN NO CALL COLLATERAL ACCOUNT OFFICER INITIALS Y 7420 7057008 11049 ================================================================================================================================ References in the shaded area are for Lender"s use only and do not limit the applicability of this document to any particular loan or item. -------------------------------------------------------------------------------------------------------------------------------- BORROWER: 1-800 CONTACTS, INC. LENDER: ZIONS FIRST NATIONAL BANK 13751 SOUTH WADSXXXXX XX XXXVE, HEAD OFFICE/COMMERCIAL LOANS SUITX X-000 #0 XXXXX XXXX XXXXXX XXXXXX, XX 00000 P.O. XXX 00000 XXXX XXXX XXXX, XX 00000 XXARANTOR: JONAXXXX X. XXXX 14180 XXXXX XXXXX XXXX XXXX XXXXXX, XX 00000 ================================================================================ AMOUNT OF GUARANTY. The amount of this Guaranty Is Three Million & 00/100 Dollars ($3,000,000.00).
COMMERCIAL GUARANTY. Principal Loan Date Maturity Loan No. ------------------- ----------------- ---------------- -------------- ---------------- ----------------- ----------------- ---------------- Call / Coll Account Officer Initials RK /s/ RK ---------------- ----------------- ----------------- ---------------- References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "***" has been omitted due to text length limitations. Borrower: Lender: Amexdrug Corporation; Dermagen, National Bank of California Inc.; Biorx Pharmaceuticals, Inc.; Corporate Banking Department Royal Health Care, Inc.; and 000 Xxxxx Xxxxxxx Xxxxxx Allied Med Inc. Xxx Xxxxxxx, XX 00000 0000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxx Xxxxx, XX 00000 Guarantor: Xxxx X. Xxxx 000 Xxxxx Xxxxxx Xxxxx, Xxxxx 000 Xxxxxxx Xxxxx, XX 00000 -------------------------------------------------------------------------------- CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower, or any one or more of them, to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other Guaranty of the Indebtedness. Guarantor will make any, payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and related Documents. Under this Guaranty, Guarantor's liability is unlimited and Guarantor's obligations are continuing.
COMMERCIAL GUARANTY. Buyer and the Company shall use best efforts to cause the release of that certain Commercial Guaranty dated November 1, 1999 made by Parent on behalf of the Company in favor of Comerica Bank-Texas in the amount of $500,000 within 90 days of the Closing Date. Buyer agrees to indemnify and hold Parent harmless with respect to any obligation of the Company (including, costs and expenses (including, without limitation, reasonable attorneys' fees)) arising under such guaranty for which Parent is responsible thereunder.
COMMERCIAL GUARANTY. 39 (p) Certain Additional Covenants of Parent..............................39 (q) Sublease............................................................41 8. Remedies for Breaches of this Agreement..................................41 (a) Survival of Representations and Warranties..........................41 (b) Indemnification Provisions for Benefit of Buyer.....................41 (c) Indemnification Provisions for Benefit of Parent and the Shareholder.........................................................43 (d)
COMMERCIAL GUARANTY. This Commercial Security Agreement is given to secure the obligation of Faroudja, Inc. under that certain Commercial Guaranty agreement of even date.
COMMERCIAL GUARANTY. Guarantor's obligation to Borrower's indebtedness under the Letter of Credit is limited to the terms and conditions as stated in that certain Commercial Guaranty, dated May 4, 1998, by and between Guarantor and Silicon.
COMMERCIAL GUARANTY. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lxxxxx and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Gxxxxxxxx agrees, and Lxxxxx is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty.
