PERSONAL GUARANTY OF PERFORMANCE. This Personal Guaranty of Performance (this “Guaranty”) is executed as of 9/28/2021, by the undersigned individual(s) whose name(s) and signature(s) appear in the signature box of this Guaranty (individually and collectively, jointly and severally, “Guarantor”) for the benefit of CLOUDFUND LLC d/b/a SAMSON GROUP (“Buyer”).
PERSONAL GUARANTY OF PERFORMANCE. Each undersigned Guarantor (“Guarantor”) hereby unconditionally guarantees to PURCHASER Merchant’s performance of all of the representations, warranties, covenants made by Merchant in this Agreement and the Merchant Agreement, as each agreement may be renewed, amended, extended or otherwise modified from time to time (the “Guaranteed Obligations”). Guarantor shall be liable for and PURCHASER may charge and collect all costs and expenses, including but not limited to attorneys’ fees, which may be incurred by PURCHASER in connection with the collection of any or all of the Guaranteed Obligations from Guarantor or the enforcement of this Agreement. (It is understood by all parties that Guarantors are only guaranteeing that they will not take any action or permit the merchant to take any action that is a breach of this agreement.)
PERSONAL GUARANTY OF PERFORMANCE. Guarantor (i) will derive direct or indirect economic benefit from this Agreement and (ii) is directly or indirectly involved in the business operations of Seller. As an inducement to Purchaser to purchase the Future Receipts, Gxxxxxxxx agrees to irrevocably, absolutely and unconditionally guarantee to Purchaser prompt and complete performance of the following obligations of Seller (the “Guaranteed Obligations”):
5.1.1 Seller ’s obligation to provide bank statements and other financial information that fairly represent the financial condition of Seller at such dates, within 5 business days after request from Purchaser;
5.1.2 Seller ’s obligation to not change its Credit Card processor, add terminals, change its financial institution or bank account(s), use multiple bank accounts, or take any similar action that could have an adverse effect upon Seller ’s obligations under this Agreement, without Purchaser’s prior written consent;
5.1.3 Seller ’s obligation to not conduct Seller ’s businesses under any name other than as disclosed to Processor and Purchaser;
5.1.4 Seller ’s obligation to not change any of its places of business or the type of business without prior written consent by Purchaser; and
5.1.5 Seller ’s obligation to not voluntarily sell, dispose, transfer or otherwise convey its business or substantially all business assets without (i) the express prior written consent of Purchaser, and (ii) the written agreement of any purchaser or transferee assuming all of Seller's obligations under this Agreement pursuant to documentation satisfactory to Purchaser. In the event that Seller fails to perform any of the Guaranteed Obligations, Purchaser may recover from Guarantor for all of Purchaser’s losses and damages and all remedies specified in Section 3.2 of this Agreement by enforcement of Purchaser’s rights under this Performance Guaranty without first seeking to obtain payment from Seller or any other guarantor, or any other guaranty.
PERSONAL GUARANTY OF PERFORMANCE. This Personal Guaranty of Performance (the "Guaranty") is entered into on 06/09/2023 , by and between ZERIFY,INC AND ALL OTHER ENTITIES LISTED ON EXHIBIT A- (the " Guarantor ") on behalf of ZERIFY,INC. (the " Seller") and Purchaser, (the " Purchaser")(collectively, the "Parties").
PERSONAL GUARANTY OF PERFORMANCE. The undersigned Owner(s) hereby guarantees to Purchaser, Merchant’s performance of all of the representations, warranties, covenants made by Merchant in this Agreement and the Merchant Agreement, as each agreement may be renewed, amended, extended or otherwise modified (the “Guaranteed Obligations”). Owner’s obligations are due (i) at the time of any breach by Merchant of any representation, warranty or covenant made by Merchant in this Agreement and the Merchant Agreement, and (ii) at the time Merchant admits its inability to pay its debts, or makes a general assignment for the benefit of creditors, or any proceeding shall be instituted by or against Merchant seeking to adjudicate it bankrupt or insolvent, or seeking reorganization, arrangement, adjustment or composition of it or its debts. For avoidance of doubt, the Guaranteed Obligations do not include any guarantees to Purchaser that Purchaser will receive the Purchased Amount (as that term is defined in the Agreement).
PERSONAL GUARANTY OF PERFORMANCE. This Personal Guaranty of Performance (the “Guaranty”) is entered into as of the 8th of June , 2023, by and between FIRST PERSON INC (the “Guarantor”) on behalf of CXXX XXXXXXXXX (the “Seller”) and Purchaser, (the “Purchaser”)(collectively, the “Parties”).
PERSONAL GUARANTY OF PERFORMANCE. This Personal Guaranty of Performance (this “Guaranty”) is executed as of 09/06/2023, by Sxxxx Xxxxx Xxxxxxx (the “Guarantor”), for the benefit of Advance Servicing Inc., a New Jersey corporation having an address at 10 Xxxx Xxxxxx, Xxxxxxx, Xxx Xxxxxx 00000 (“Buyer”). Capitalized terms used herein, but not defined, shall have the meanings assigned to them in the Purchase Agreement (as hereinafter defined).
PERSONAL GUARANTY OF PERFORMANCE. Gxxxxxxxx agrees to irrevocably, absolutely and unconditionally guarantee to Purchaser prompt and complete performance of the following obligations of Seller (the “Guaranteed Obligations”): Seller’s obligation to not (i) change the Account, (ii) add an additional Account, (iii) revoke Purchaser’s authorization to debit the Account, (iv) close the Account without the express written consent of Purchaser or (v) take any other action with the intent to interfere with Purchaser’s right to collect the purchased Future Receipts;
a. Seller’s obligation to not conduct Seller’s businesses under any name other than as disclosed to Purchaser;
b. Seller’s obligation to not change any of its places of business without prior written consent by Pxxxxxxxx;
c. Seller’s obligation to not voluntarily sell, dispose, transfer or otherwise convey its business or substantially all business assets without (i) the express prior written consent of Purchaser, and (ii) the written agreement of any purchaser or transferee assuming all of Seller’s obligations under this Agreement pursuant to documentation satisfactory to Purchaser;
d. Seller’s obligation to not enter into any seller cash advance or any loan agreement that relates to or encumbers its Future Receipts with any party other than Purchaser for the duration of this Agreement without Purchaser’s prior written consent; and
e. Seller’s obligation to provide truthful, accurate, and complete information as required by this Agreement. Contract #: 6092355 20 /s/ SAS
PERSONAL GUARANTY OF PERFORMANCE. This Personal Guaranty of Performance (this “Guaranty”) is executed as of 03/28/2023, by XXXXX XXX XXXXX ( the “Guarantor”), for the benefit of E A d v an c e Se r v i c e s , LLC (“Buyer”).
PERSONAL GUARANTY OF PERFORMANCE. The undersigned Guarantor(s) hereby guarantees to GCF, Merchant’s good faith, truthfulness and performance of all of the representations, warranties, covenants made by Merchant in the Merchant Agreement in Sections thereof 2.3, 2.5, 2.6, 2.9, 2.10, 2.11, 2.12, 2.13 and 2.14, as each agreement may be renewed, amended, extended or otherwise modified (the “Guaranteed Obligations”). Guarantor’s obligations are due at the time of any breach by Merchant of any representation, warranty, or covenant made by Merchant in the Agreement.
