Common use of PERSONAL GUARANTEE Clause in Contracts

PERSONAL GUARANTEE. For valuable consideration, the receipt of which is acknowledged, the undersigned (“Guarantor”) irrevocably, absolutely and unconditionally guarantees to OptConnect the full and prompt payment by Customer of all of Customer's obligations under this Agreement. In the event Customer fails to pay all or part of its obligations when due under this Agreement, Guarantor agrees to pay OptConnect in a timely manner all amounts not paid by Customer. In addition, Xxxxxxxxx agrees to pay all reasonable attorneys' fees and all costs and expenses incurred in collecting or compromising any indebtedness of Customer guaranteed hereunder or in enforcing this Personal Guarantee against Guarantor. This Personal Guarantee is in no way conditioned or contingent on any attempt to collect Customer's payment obligations from any other person obligated with respect to Customer's obligations or any other guarantor of Customer's obligations. This Personal Guarantee shall be binding on Guarantor and shall inure to the benefit of OptConnect and its successors and assigns. The obligations of Guarantor under this Personal Guarantee shall remain in full force and effect notwithstanding the death or disability of Guarantor. Guarantor, recognizing that his or her individual credit history may be necessary in the evaluation of this Personal Guarantee, hereby consents to and authorizes the use of a consumer credit report on Guarantor by OptConnect, from time to time as may be needed for credit evaluation purposes. Signature X Printed Name Date The method of payment for the equipment rental and monthly Wireless Service Charges, and all other amounts or fees that become due and owing by Customer under this Agreement, is ACH. Customer authorizes OptConnect to initiate ACH transfer entries and to debit and/or credit the account identified below (the “Account”) for the equipment rental and monthly Wireless Service Charges, and all other amounts or fees that become due and owing by Customer under this Agreement. Customer agrees to keep the Account funded to the extent needed to reasonably support transaction amounts posted by OptConnect under this Agreement. In the event an ACH payment is returned unpaid to OptConnect, Xxxxxxxx agrees to immediately pay OptConnect a returned ACH fee of $35.00 per returned item. All shortages and adjustments are the full responsibility of Customer. The undersigned represents and warrants to OptConnect that the person executing this ACH Authorization is an authorized signatory on the Account and that all information regarding the Account and Customer is true and correct. Financial Institution Name Financial Institution Address Contact Name Telephone City State Zip Account Type Business Checking Savings Personal Checking General Ledger Authorized Signature on Account X Printed Name Title Date This ACH Authorization must be accompanied by a printed Voided Check or a letter from your financial institution stating the Customer's name, Routing Number, and Account Number.

Appears in 9 contracts

Samples: Wireless Service Agreement, Wireless Service Agreement, Wireless Service Agreement

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PERSONAL GUARANTEE. For valuable consideration, the receipt of which is acknowledgedValue Received, the undersigned (hereinafter called "Guarantor”) irrevocably"), absolutely personally guarantees performance by Los Posax Xxxley Ranches, Inc., dba Undexxxxx Xxxches ("Tenant"), of each and unconditionally guarantees every term and condition of the foregoing Amendment and the Undexxxxx Xxxse referred to OptConnect therein (collectively, the full "Lease"). Guarantor hereby waives the right to require the Landlord to proceed against the Tenant or any other party or any other Guarantor or to proceed against or apply any security the Landlord may hold. Guarantor hereby waives the right to require the Landlord to pursue any other remedy for the Guarantor's benefit. Guarantor hereby agrees that the Landlord may proceed against Guarantor without taking any action against the Tenant or any other party or any other Guarantor and prompt payment by Customer of all of Customer's obligations under this Agreementwithout proceeding against or applying any security the Landlord may hold. In the event Customer fails to pay all or part of its obligations when due under this Agreement, Guarantor agrees to pay OptConnect in a timely manner all amounts not paid by Customer. In addition, Xxxxxxxxx hereby agrees to pay all reasonable attorneys' attorney's fees and all costs and expenses incurred in collecting or compromising any indebtedness of Customer guaranteed hereunder or Landlord incurs in enforcing this Personal Guarantee. Notice of this Personal Guarantee against as well as all demands, presentments, notices of protest and notices of every kind or nature, including those of any action or non-action on the part of the Tenant or the Tenant's assigns, is waived. Landlord may modify or extend the terms of the Lease without notifying Guarantor or affecting Guarantor's liability hereunder. This Guarantor waives the right to plead any statute of limitations. Guarantor agrees that this Personal Guarantee is in no way conditioned or contingent binding on any attempt to collect CustomerGuarantor's payment obligations from any other person obligated with respect to Customer's obligations or any other guarantor of Customer's obligations. This heirs and that this Personal Guarantee shall be binding on Guarantor and shall inure to the benefit of OptConnect and its successors Landlord's heirs and assigns. The obligations of Guarantor under this Personal Guarantee shall remain in full force and effect notwithstanding the death or disability of Guarantor. Guarantor, recognizing that his or her individual credit history may be necessary in the evaluation of this Personal Guarantee, hereby consents to and authorizes the use of a consumer credit report on Guarantor by OptConnect, from time to time as may be needed for credit evaluation purposes. Signature X Printed Name Date The method of payment for the equipment rental and monthly Wireless Service Charges, and all other amounts or fees that become due and owing by Customer under this Agreement, is ACH. Customer authorizes OptConnect to initiate ACH transfer entries and to debit and/or credit the account identified below (the “Account”) for the equipment rental and monthly Wireless Service Charges, and all other amounts or fees that become due and owing by Customer under this Agreement. Customer agrees to keep the Account funded to the extent needed to reasonably support transaction amounts posted by OptConnect under this Agreement. In the event an ACH payment is returned unpaid to OptConnect, Xxxxxxxx agrees to immediately pay OptConnect a returned ACH fee of $35.00 per returned item. All shortages and adjustments are the full responsibility of Customer. The undersigned represents and warrants to OptConnect that the person executing this ACH Authorization is an authorized signatory on the Account and that all information regarding the Account and Customer is true and correct. Financial Institution Name Financial Institution Address Contact Name Telephone City State Zip Account Type Business Checking Savings Personal Checking General Ledger Authorized Signature on Account X Printed Name Title Date This ACH Authorization must be accompanied by a printed Voided Check or a letter from your financial institution stating the Customer's name, Routing Number, and Account Number.

Appears in 2 contracts

Samples: Operating Agreement (Epl Technologies Inc), Operating Agreement (Epl Technologies Inc)

PERSONAL GUARANTEE. If the Buyer or credit customer is a corporation, then those signing this application, whether signing as an officer or not, personally guarantee payment for all items purchased on credit by the corporation. For valuable considerationvalue received an in consideration of the credit that Seller may hereafter extend the undersign(s) (hereinafter referred to as “Guarantor(s)) hereby jointly, the receipt of which is acknowledgedseverally, the undersigned (“Guarantor”) irrevocably, absolutely irrevocably and unconditionally guarantees to OptConnect the full and prompt inconditionally personally guarantee payment by Customer of all of Customer's obligations under this Agreement. In the event Customer fails to pay all or part of its obligations when due under this Agreementto Seller, Guarantor agrees of any and all present or future indebtedness owed to pay OptConnect Seller by the Buyer (hereinafter referred to as “Debtor), and hereby agree to prompt and immediate payment of such indebtedness if default in a timely manner all amounts not paid payment thereof be made by Customer. In additionthe Debtor, Xxxxxxxxx agrees to pay all reasonable attorneys' fees and plus all costs and expenses incurred attorney fees if placed for collection. The Guarantor(s) expressly waives notice of acceptance of guarantee in collecting or compromising demand, and notice of nonpayment, and consents to any indebtedness extension of Customer guaranteed hereunder or in enforcing this Personal Guarantee against Guarantortime of payment of any and all indebtness hereby guaranteed. This Personal Guarantee guarantee is in no way conditioned or contingent on any attempt to collect Customer's payment obligations from any other person obligated with respect to Customer's obligations or any other guarantor of Customer's obligationsa continuing guarantee. This Personal Guarantee guarantee shall be binding on Guarantor continue to apply to all sales made, services rendered and shall inure advances made by Seller to the benefit of OptConnect Debtor (also including but not limited to Debtor’s subsidaries and its successors affiliates) and assignsto all such present and future indebtedness however arising. This is intended to be a personal guarantee and not a corporate guarantee, and will personally bind the Guarantor(s) notwithstanding any title or designation made by me. The obligations of Guarantor under this Personal Guarantee shall remain in full force and effect notwithstanding the death or disability of Guarantor. GuarantorGuarantor(s) as personal guarantor, recognizing that his or her individual credit history report may be a necessary factor in the evaluation of this Personal Guaranteepersonal guarantee, hereby consents to and authorizes the use of a commerical, consumer or any other credit report on Guarantor the undersigned by OptConnect, Seller from time to time as may be needed for in the credit evaluation purposesprocess. , Individually Signature X Printed Name Signature Date The method of payment for the equipment rental and monthly Wireless Service ChargesSUBJECT TO CHANGE WITHOUT NOTICE EFFECTIVE OCTOBER 29, and all other amounts or fees that become due and owing by Customer under this Agreement, is ACH. Customer authorizes OptConnect to initiate ACH transfer entries and to debit and/or credit the account identified below (the “Account”) for the equipment rental and monthly Wireless Service Charges, and all other amounts or fees that become due and owing by Customer under this Agreement. Customer agrees to keep the Account funded to the extent needed to reasonably support transaction amounts posted by OptConnect under this Agreement. In the event an ACH payment is returned unpaid to OptConnect, Xxxxxxxx agrees to immediately pay OptConnect a returned ACH fee of $35.00 per returned item. All shortages and adjustments are the full responsibility of Customer. The undersigned represents and warrants to OptConnect that the person executing this ACH Authorization is an authorized signatory on the Account and that all information regarding the Account and Customer is true and correct. Financial Institution Name Financial Institution Address Contact Name Telephone City State Zip Account Type Business Checking Savings Personal Checking General Ledger Authorized Signature on Account X Printed Name Title Date This ACH Authorization must be accompanied by a printed Voided Check or a letter from your financial institution stating the Customer's name, Routing Number, and Account Number.2007

Appears in 1 contract

Samples: Authorized Builder Agreement

PERSONAL GUARANTEE. For valuable consideration, Each individual or legal entity identified as Guarantor on this Agreement by their signature acknowledges that BBSI would not enter into this Agreement or provide services to Client unless Guarantor guarantees Client’s performance. Guarantor has requested BBSI to enter into this Agreement with Client. Guarantor has substantial interest in making sure that BBSI provides the receipt of which is acknowledged, the undersigned (“Guarantor”) irrevocably, absolutely and unconditionally guarantees to OptConnect the full and prompt payment by Customer of all of Customer's obligations services contemplated under this Agreement. In the event Customer fails to pay all Guarantor, by his, her or part its signature, in consideration of its obligations when due under BBSI’s entering into this Agreement, Guarantor agrees to pay OptConnect do/does jointly, severally, unconditionally and irrevocably guarantee as a primary obligor and not merely as a surety the full and timely payment and performance by Client or any successor in a interest of all of Client’s obligations under this Agreement when due, including timely manner all payment of amounts not paid due hereunder by Customer. In addition, Xxxxxxxxx agrees to pay all reasonable attorneys' fees Client and all collection costs and expenses incurred attorneys’ fees. This guarantee is absolute and without any condition. The liability of Guarantor shall continue and not be affected by the discharge or release of the liability or obligation of Client, any change to the relationship of Guarantor to Client or any amendment or other change to this Agreement. Guarantor waives notice of the acceptance of this Agreement or notice of default or nonpayment. No delay on BBSI’s part in collecting or compromising exercising any indebtedness of Customer guaranteed right hereunder or taking any action to collect or enforce payment of any obligations against Client or any other person shall operate as a waiver of any such right or in enforcing this Personal Guarantee any manner prejudice BBSI’s rights against Guarantor. This Personal Guarantee Guarantor agrees that BBSI is in no way conditioned not first required to enforce this Agreement against Client or contingent on any attempt to collect Customer's payment obligations from any other person obligated or collect against any deposit or other security available to BBSI before seeking enforcement against Guarantor. To the fullest extent permitted by law, the Guarantor waives all defenses, counterclaims and offsets that are legally available to Guarantor with respect to Customer's obligations or any other guarantor the performance of Customer's obligations. This Personal Guarantee shall be binding on Guarantor and shall inure to the benefit of OptConnect and its successors and assigns. The obligations of Guarantor under this Personal Guarantee shall remain in full force and effect notwithstanding the death or disability of Guarantor. Guarantor, recognizing that his or her individual credit history may be necessary in the evaluation of this Personal Guarantee, hereby consents to and authorizes the use of a consumer credit report on Guarantor by OptConnect, from time to time as may be needed for credit evaluation purposes. Signature X Printed Name Date The method of payment for the equipment rental and monthly Wireless Service Charges, and all other amounts or fees that become due and owing by Customer under this Agreement, is ACH. Customer authorizes OptConnect to initiate ACH transfer entries and to debit and/or credit the account identified below (the “Account”) for the equipment rental and monthly Wireless Service Charges, and all other amounts or fees that become due and owing by Customer under this Agreement. Customer agrees to keep the Account funded to the extent needed to reasonably support transaction amounts posted by OptConnect under this Agreement. In the event an ACH payment is returned unpaid to OptConnect, Xxxxxxxx agrees to immediately pay OptConnect a returned ACH fee of $35.00 per returned item. All shortages and adjustments are the full responsibility of Customer. The undersigned represents and warrants to OptConnect that the person executing this ACH Authorization is an authorized signatory on the Account and that all information regarding the Account and Customer is true and correct. Financial Institution Name Financial Institution Address Contact Name Telephone City State Zip Account Type Business Checking Savings Personal Checking General Ledger Authorized Signature on Account X Printed Name Title Date This ACH Authorization must be accompanied by a printed Voided Check or a letter from your financial institution stating the Customer's name, Routing Number, and Account NumberClient’s obligation hereunder.

Appears in 1 contract

Samples: Client Service Agreement

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PERSONAL GUARANTEE. For valuable considerationIn consideration of the making of this Lease by the Landlord with the Tenant at the request of the undersigned and in reliance on this Guaranty, the receipt undersigned, and each of which is acknowledgedthem jointly and severally, hereby guarantees the undersigned (“Guarantor”) irrevocably, absolutely payment of the rent to be paid by the Tenant and unconditionally guarantees to OptConnect the full and prompt payment performance by Customer the Tenant of all the terms, conditions, covenants and agreements of Customer's obligations under this Agreementthe Lease. In the event Customer fails The undersigned promises to pay all or part of its obligations when due under this Agreementthe Landlord's expenses, Guarantor agrees to pay OptConnect in a timely manner all amounts not paid by Customer. In addition, Xxxxxxxxx agrees to pay all including reasonable attorneys' fees and fees, incurred by the Landlord in enforcing all costs and expenses obligations of the Tenant under the Lease or incurred in collecting or compromising any indebtedness of Customer guaranteed hereunder or by the Landlord in enforcing this Personal Guarantee against GuarantorGuaranty. This Personal Guarantee is in no way conditioned The Landlord's consent to any assignment or contingent on any attempt assignments and successive assignments by the Tenant and Tenant's assignees of this Lease, made either with or without notice to collect Customerthe undersigned, or a changed or different use of the demised Premises, or Landlord's payment obligations from any other person obligated with respect to Customer's obligations forbearance, delays, extensions of time, or any other guarantor of Customer's obligations. This Personal Guarantee reason whether similar to or different from the foregoing shall be binding on Guarantor and shall inure to not release the benefit of OptConnect and its successors and assigns. The obligations of Guarantor under this Personal Guarantee shall remain in full force and effect notwithstanding the death or disability of undersigned from liability as Guarantor. Guarantor: Name: X Signed Date: This agreement is made this day of , recognizing that his or her individual credit history may be necessary 20 by and between Swan Leasing, Inc. and at (Financial Institution) in the evaluation amount of this Personal Guarantee$ on the 1st of each month beginning , hereby consents 20 . The authority you give to and authorizes charge your account will remain in effect until you either notify us in writing to terminate the use of authorization (with 7 days notice) or when your lease is terminated. Furthermore, you allow Swan Leasing, Inc. to make any additional withdrawals from your account to cover late fees, NSF charges, or damage to the property. Please include a consumer credit report on Guarantor by OptConnect, from time to time as may be needed for credit evaluation purposes. Signature X Printed Name Date The method of payment voided check for the equipment rental account to be used for Automatic transactions. By: _ Its: Date: Between (Landlord) and monthly Wireless Service Charges(Tenant) Landlord offers the option of connecting to the Internet via our building network. This is provided as an optional extra, and all other amounts may not always be 100% reliable or fees that become due and owing by Customer under this Agreementavailable. Landlord reserves the right to change, is ACH. Customer authorizes OptConnect reconfigure, or shut down the network as needed, to initiate ACH transfer entries discontinue or cancel service at any time, and to debit and/or credit change the account identified below (the “Account”) for the equipment rental terms and monthly Wireless Service Charges, and all other amounts or fees that become due and owing by Customer under this Agreementconditions. Customer agrees Tenants who wish to keep the Account funded use Landlord’s network must agree to the extent needed to reasonably support transaction amounts posted by OptConnect under this Agreement. In the event an ACH payment is returned unpaid to OptConnect, Xxxxxxxx agrees to immediately pay OptConnect a returned ACH fee of $35.00 per returned item. All shortages following terms and adjustments are the full responsibility of Customer. The undersigned represents and warrants to OptConnect that the person executing this ACH Authorization is an authorized signatory on the Account and that all information regarding the Account and Customer is true and correct. Financial Institution Name Financial Institution Address Contact Name Telephone City State Zip Account Type Business Checking Savings Personal Checking General Ledger Authorized Signature on Account X Printed Name Title Date This ACH Authorization must be accompanied by a printed Voided Check or a letter from your financial institution stating the Customer's name, Routing Number, and Account Number.conditions:

Appears in 1 contract

Samples: Commercial Lease

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