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. Each Guarantor agrees to irrevocably, absolutely and unconditionally guarantee to Buyer prompt and complete performance of the following obligations of Seller (the “Guaranteed Obligations”):
a. Seller’s obligation to furnish Buyer with the bank statements for its Bank Account and any and all other accounts to which proceeds from Seller’s sales are deposited within seven (7) calendar days of any such request by Bxxxx.
b. Seller’s obligation to deposit all Future Receipts into the Bank Account and to not close or change the Bank Account or change the Processor through which the major Payment Cards are settled to another processor, or cease or change its payment instruction or other arrangements with Processor or to permit any event to occur that could cause a diversion of any of Seller’s Payment Card transactions to another processor without Buyer’s prior written consent.
c. Seller’s obligation to not conduct its businesses under any name other than as disclosed to Buyer, or open a new business with the intent to divert Seller’s Future Receipts, or change any of its places of business, or change the type of business it conducts without Buyer’s prior written consent.
d. Seller’s obligation to not voluntarily sell, dispose, convey or otherwise transfer its business or assets without the express prior written consent of Buyer and the assumption of all of Seller’s obligations under this Agreement by the purchaser or transferee of the business or assets pursuant to documentation reasonably satisfactory to Buyer.
e. Seller’s obligation to not enter into any other agreement for the sale of Future Receipts and/or cash advance agreement or financing or factoring agreement absent Buyer’s advance written consent.
f. Seller’s obligation to provide truthful, accurate, and complete information as required by this Agreement. /s/ BAC CFG Merchant Solutions, LLC Seller’s Initials
Personal Guaranty of Performance. Each undersigned Guarantor hereby unconditionally guarantees to Purchaser the Merchant’s performance of all of the representations, warranties, covenants made by Seller in the Purchase Agreement, the Sale Terms and Conditions, the Security Agreement, Guaranty, and Agreement to Arbitrate (collectively, the “Transaction Documents”), as each 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 and court costs, 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 the Transaction Documents. (It is understood by all parties that Guarantors are only guaranteeing that they will not take any action or permit the Seller to take any action that is a breach of the Transaction Documents and is not making an absolute guaranty of repayment.)
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. The Guarantor(s) hereby guarantees to Lender, Borrower’s performance of all of the representations, warranties, covenants made by Borrower in this Agreement and the Loan Agreement, as each agreement may be renewed, amended, extended or otherwise modified (the “Guaranteed Obligations”). Guarantor’s obligations are due immediately upon any Event of Default.
Personal Guaranty of Performance. The undersigned Guarantor(s) hereby guarantees to DDF 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”). Guarantor’s obligations are due at the time of any breach by Merchant of any representation, warranty, or covenant made by Merchant in this Agreement and the Merchant Agreement.
Personal Guaranty of Performance. The undersigned Guarantor(s) hereby guarantees to FUNDER, 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"). Guarantor'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.
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.
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).
