Personal Guaranty. Unless you are a sole proprietorship, all of your obligations under this Agreement shall be personally guaranteed by all of the individuals who are your direct or indirect shareholders, partners, members or other owners (collectively, the “Guarantors”). No corporation, partnership, limited liability company or other entity may be a Guarantor. Rather, the individuals who directly or indirectly own each corporation, partnership, limited liability company or other entity that is one of your owners shall constitute Guarantors. All of the Guarantors must execute this Agreement. In consideration of and as a material inducement to us to enter into this Agreement with you (for purposes of this personal guaranty, “this Agreement” shall include this Agreement and any modification, extension and amendment of this Agreement), the Guarantors agree as follows: (a) The Guarantors hereby guarantee the satisfactory performance by you of this Agreement in accordance with all its terms and conditions. If you default in performance of your obligations under this Agreement, the Guarantors shall be severally liable for a pro rata share of any and all liabilities, damages, claims, judgments, costs and expenses (including without limitation reasonable attorneys’ fees) incurred by us in connection with your default. Each Guarantor’s share shall be determined by multiplying the total liability of all the Guarantors under this personal guaranty times such Guarantor’s percentage ownership interest in you, as set forth below. (b) This personal guaranty is a continuing one and shall terminate only on the satisfaction of each and every obligation of you under this Agreement. (c) The Guarantors waive any right to notices that may be required by law. Examples of such notices are notice of acceptance of this personal guaranty, notice of any modification, extension and amendment of this Agreement, and notice of any default by you. (d) This personal guaranty shall inure to the benefit of us and our successors and assigns and be binding upon the Guarantors and their heirs, successors and assigns. (e) Any provisions of this Agreement which by their terms have or may have application to this personal guaranty or the Guarantors shall be deemed to the extent of such application to apply to this personal guaranty and the Guarantors. Examples of such provisions are paragraphs 6, 14-18 and 23. This contract has been downloaded from the Iowa Department of Justice xxxxx://xxx.xxxxxxxxxxxxxxxxxxx.xxx/. Viewing has been authorized free of charge
Appears in 1 contract
Samples: Long Term Hog Procurement Agreement
Personal Guaranty. Unless you are a sole proprietorshipI/We hereby guarantee to Forte Payment Systems, its successors and assigns, the full, prompt, and complete performance of Merchant and all of your Merchant’s obligations under this the Merchant Services Application and Agreement shall be personally guaranteed by (the “Agreement”), including but not limited to all monetary obligations arising out of Merchant’s performance or non-performance under the Agreement, whether arising before or after termination of the individuals who are your direct Agreement. This guaranty shall not be discharged or indirect shareholdersotherwise affected by any waiver, partnersindulgence, members compromise, settlement, extension of credit, or other owners (collectively, the “Guarantors”). No corporation, partnership, limited liability company or other entity may be a Guarantor. Rather, the individuals who directly or indirectly own each corporation, partnership, limited liability company or other entity that is one variation of your owners shall constitute Guarantors. All terms of the Guarantors must execute this Agreement. In consideration of and as a material inducement to us to enter into this Agreement with you (for purposes of this personal guaranty, “this Agreement” shall include this Agreement and any modification, extension and amendment of this Agreement), the Guarantors agree as follows:
(a) The Guarantors hereby guarantee the satisfactory performance by you of this Agreement in accordance with all its terms and conditions. If you default in performance of your obligations under this Agreement, the Guarantors shall be severally liable for unless specifically discharged or amended. I/We understand that my/our obligations are independent of Merchant’s obligations. I/We understand that I/we have no right to enforce a pro rata share of any and all liabilities, damages, claims, judgments, costs and expenses (including without limitation reasonable attorneys’ fees) incurred remedy which Xxxxx now has or may later have against merchant nor to participate in security now or later held by us in connection with your defaultForte. Each Guarantor’s share shall be determined by multiplying the total liability of all the Guarantors under this personal guaranty times such Guarantor’s percentage ownership interest in you, as set forth below.
(b) This personal guaranty is a continuing one and shall terminate only on the satisfaction of each and every obligation of you under this Agreement.
(c) The Guarantors I/We hereby waive any right to notices that may be required by law. Examples of such notices are notice of acceptance of this personal guaranty, notice of non-payment or non-performance of any modification, extension and amendment provision of this Agreementthe Agreement by Xxxxxxxx, and notice all other notices or demands regarding the Agreement. I/We agree to promptly provide to Forte Payment Systems any information reasonably requested by Forte Payment Systems from time to time concerning my/our financial condition(s), business history, business relationships, and employment information. I/We have read, understand, and agree to be bound by the Terms & Conditions provided to Merchant and those terms and conditions contained in the Merchant Application and Agreement. Primary Guarantor , an Individual Name Printed Date Secondary Guarantor , an Individual Name Printed Date This Merchant Services Application and Agreement (“MSAA”), along with the Terms and Conditions attached hereto, serves as the Merchant Agreement by and between Forte Payment Systems (“Forte”) and the Merchant named above (“Merchant” “you”). A copy of the Terms and Conditions, version number 14.08.02 16.08.06 has been provided to you. As a duly authorized signatory of Merchant, the undersigned certifies the following: 1) You have received a copy of the Terms & Conditions and that Merchant agrees to be bound by all terms and conditions contained therein and as may be modified or amended in compliance with those terms; 2) You understand that IF MERCHANT SUBMITS A TRANSACTION TO FORTE HEREUNDER, MERCHANT WILL BE DEEMED TO HAVE ACCEPTED THE MERCHANT SERVICES TERMS & CONDITIONS; 3) All information provided in this MSAA and supporting documents is true and accurate; 4) Merchant authorizes Forte to debit and/or credit the account(s) listed above, or other accounts maintained by Merchant, for any default amounts owed in accordance with the MSAA and the Terms and Conditions; 5) Merchant authorizes Forte to order a credit report on Merchant and/or any affiliate that is listed on the MSAA or any supporting document; 6) Merchant will use the Verification and/or Authentication Services provided by you.
(dForte for a purpose that is permissible under section 604(a) This personal guaranty shall inure of the Fair Credit Reporting Act and that Merchant will follow proper procedures for adverse action notification to its customers, as provided in Appendix B to the benefit of us Terms and our successors and assigns and be binding upon the Guarantors and their heirs, successors and assigns.
(e) Any provisions of this Agreement which by their terms have or may have application to this personal guaranty or the Guarantors shall be deemed to the extent of such application to apply to this personal guaranty and the GuarantorsConditions. Examples of such provisions are paragraphs 6, 14-18 and 23. This contract has been downloaded from the Iowa Department of Justice xxxxx://xxx.xxxxxxxxxxxxxxxxxxx.xxx/. Viewing has been authorized free of chargeSignature: Date: Signature: Date: Printed Name: Title: Printed Name: Title: --------------
Appears in 1 contract
Personal Guaranty. Unless you are a sole proprietorship, all of your obligations under this Agreement shall be personally guaranteed by all of the individuals who are your direct or indirect shareholders, partners, members or other owners (collectively, the “Guarantors”). No corporation, partnership, limited liability company or other entity may be a Guarantor. Rather, the individuals who directly or indirectly own each corporation, partnership, limited liability company or other entity that is one of your owners shall constitute Guarantors. All of the Guarantors must execute this Agreement. In consideration of and as a material inducement order to us induce Lessor to enter into this Agreement Schedule with you (for purposes Lessee, the undersigned, jointly and severally, hereby irrevocably and unconditionally, guaranty, without deduction or diminution by reason of counterclaim, offset, or defense, the prompt and complete payment under, whenever due, and performance of this personal guarantySchedule to Lessor or its assigns, “this Agreement” shall include this Agreement and any modification, extension and amendment of this Agreement), the Guarantors agree as follows:
(a) The Guarantors hereby guarantee the satisfactory performance by you of this Agreement in accordance with all its terms and conditions. If you default in performance of your obligations under this Agreement, the Guarantors shall be severally liable for a pro rata share of including any and all liabilitiesmodifications, damagesadditions, claimssupplements and amendments thereof, judgmentsas well as all of Lessee's other Schedules with Lessor that have commencement dates not later than ten (10) days after Lessor receives written notice from the undersigned of their desire not to guaranty any additional Schedules. The undersigned warrant and guaranty that this Schedule has been properly executed by Lessee, costs and expenses (including without limitation reasonable attorneys’ fees) incurred by us in connection with your default. Each Guarantor’s share agree that this guaranty shall be determined by multiplying of full force and effect irrespective of any invalidity or unenforceability of the total Schedule or any provisions thereof, or the existence, validity or value of any security. The undersigned hereby waive presentment notice of acceptance hereof, all notices of any kind to which we may be entitled, and all defenses of a guarantor or surety. The undersigned consent that from time to time, without notice to or further consent from the undersigned and without releasing or affecting the undersigned's liability hereunder, the time for payment or performance under this Schedule may be extended or accelerated in whole or part, any security therefore may be exchanged, rescheduled, enforced, sold, scheduled or otherwise dealt with, the provision of any documents may be canceled, modified or waived, any other guarantors may be rescheduled, and any indulgence may be granted to Lessee, as Lessor may in its sole discretion determine. The obligation and liability of all each undersigned is direct, continuing and unconditional, shall not be diminished or affected whether or not the Guarantors Equipment is repossessed, and Lessor may in its sole discretion determine. The obligation and liability of each undersigned is direct, continuing and unconditional, shall not be diminished or affected whether or not the Equipment is repossessed, and Lessor shall not be required to proceed against Lessee or resort to any other right or remedy before proceeding against the undersigned under this personal guaranty times such Guarantor’s percentage ownership guaranty. No payment by the undersigned, except payment in full of all liabilities hereunder, shall entitle the undersigned to be subrogated to any of the rights or remedies of Lessor under this Schedule. The undersigned warrant they have read this Schedule and hereby waive any and all rights to a trial by jury, and agree to the venue and jurisdiction contained therein, and agree that only full payment and performance of the Schedule can discharge the undersigned's liability. (Guarantor hereby grants to lessor a security interest in you, all goods as set forth below.
(b) in the Master Lease Agreement. This personal guaranty is a continuing one and shall terminate only on the satisfaction of each and every obligation of you under this Agreement.
(c) The Guarantors waive any right to notices that may be required by law. Examples of such notices are notice of acceptance of this personal guaranty, notice of any modification, extension and amendment of this Agreement, and notice of any default by you.
(d) This personal guaranty shall inure to the benefit of us and our successors and assigns and be binding upon the Guarantors undersigned and their the heirs, representatives, successors and assigns of he undersigned, in favor of Lessor and Lessor's successors and assigns. This guaranty cannot be terminated or changed orally and no provision hereof may be modified or waived except in writing.
) -------------------------------------------------------------------------------- X DATE: X DATE: ---------------------- ------ ---------------------- ------ ( ) An Individual ( ) An Individual -------------------------------------------------------------------------------- Accepted By: ROCKFORD INDUSTRIES, INC., (e"LESSOR") Any provisions X Date: (Not valid until accepted by Lessor) ---------------------- ------ -------------------------------------------------------------------------------- 14 EXHIBIT "A" LOCATION: 600 X. XXXXXXX, XXXXX 000 XXXXXXX, XX 00000 XXNDOR: NACT TELECOMMUNICATIONS, INC. 191 XXXX 0000 XXXXX XXXXX, XX 00000 QTY EQUIPMENT --------------------------- 1 STX BASIC SYSTEM SWITCH BAY - 19" RACK MOUNT ENCLOSURE 21 SLOT CARD CAGE 68040 CPU BOARD WITH 64 MB RAM BACK PLANE CLOCKING BOARD TWO UDS 28.8 K BAUD MODEMS TWO 4 GB HARD DRIVES ONE 2 GB XXX XXXX XXXXX 0 XX-000 XXXIAL PORTS 1344 PORT SOFTWARE LICENSE TWO DSX PATCH CORD PANEL WYSE 55 RACK MOUNT TERMINAL SENSPHONE ALARM UNIT & CABLE TOOLKIT 7 DSP BOARD 7 TI BOARD 1 STX RAID SYSTEM 8 GIG W/DLT 1 UPS, 2.0K VA WITH BATTERY PACK This Exhibit A is attached to and a part of this Agreement which by their terms have or may have application Rockford Industries, Inc. Lease No. 62860-00000-000 xxx constitutes a true and accurate description of the equipment. LESSEE: MAXXIS GROUP, INC. BY:/s/ Thomxx X. Xxxxx, Xxesident/CEO DATE: 9/29/98 ---------------------------------- --------------------- (Title) EXHIBIT "A" This Exhibit A is attached to this personal guaranty or and a part of Rockford Industries, Inc. Lease No. 62860-00000-000 xxx constitutes a true and accurate description of the Guarantors shall be deemed equipment. LESSEE: MAXXIS GROUP, INC. BY:/s/ Thomxx X. Xxxxx, Xxesident/CEO DATE: 9/29/98 ---------------------------------- -------------------- (Title) EXHIBIT "A" This Exhibit A is attached to and a part of Rockford Industries, Inc. Lease No. 62860-00000-000 xxx constitutes a true and accurate description of the equipment. LESSEE: MAXXIS GROUP, INC. BY:/s/ Thomxx X. Xxxxx, Xxesident/CEO DATE: 9/29/98 ---------------------------------- -------------------- (Title) END OF LEASE PURCHASE PRIVILEGE LEASE NUMBER: 62860-00000-000 XXSSEE: MAXXIS GROUP, INC. ESTIMATED VALUE: NOT TO EXCEED 10% OF ORIGINAL EQUIPMENT COST (PLUS ALL APPLICABLE TAXES) EQUIPMENT: TELEPHONE SWITCHING EQUIPMENT Provided that the Lessee named above ("Lessee") is not then nor has ever been in default under that certain lease agreement dated 9/29/98, between the undersigned and Lessee ("Lease"), and has paid all rentals and other obligations due to the extent of such application to apply to this personal guaranty and the Guarantors. Examples of such provisions are paragraphs 6undersigned Lessor or its assigns ("Lessor"), 14-18 and 23. This contract has been downloaded from the Iowa Department of Justice xxxxx://xxx.xxxxxxxxxxxxxxxxxxx.xxx/. Viewing has been authorized free of chargethen at Lessors option,
Appears in 1 contract
Personal Guaranty. Unless you are a sole proprietorshipI/We hereby guarantee to Forte Payment Systems, its successors and assigns, the full, prompt, and complete performance of Merchant and all of your Merchant’s obligations under this the Merchant Services Application and Agreement shall be personally guaranteed by (the “Agreement”), including but not limited to all monetary obligations arising out of Merchant’s performance or non-performance under the Agreement, whether arising before or after temination of the individuals who are your direct Agreement. This guaranty shall not be discharged or indirect shareholdersotherwise affected by any waiver, partnersindulgence, members compromise, settlement extension of credit, or other owners (collectively, the “Guarantors”). No corporation, partnership, limited liability company or other entity may be a Guarantor. Rather, the individuals who directly or indirectly own each corporation, partnership, limited liability company or other entity that is one variation of your owners shall constitute Guarantors. All terms of the Guarantors must execute this Agreement. In consideration of and as a material inducement to us to enter into this Agreement with you (for purposes of this personal guaranty, “this Agreement” shall include this Agreement and any modification, extension and amendment of this Agreement), the Guarantors agree as follows:
(a) The Guarantors hereby guarantee the satisfactory performance by you of this Agreement in accordance with all its terms and conditions. If you default in performance of your obligations under this Agreement, the Guarantors shall be severally liable for unless specifically discharged or amended. I/We understand that my/our obligations are independent of Merchant's obligations. I/We understand that I/We have no right to enforce a pro rata share of any and all liabilities, damages, claims, judgments, costs and expenses (including without limitation reasonable attorneys’ fees) incurred remedy which Forte now has or may later have against Merchant nor to participate in security now or later held by us in connection with your defaultForte. Each Guarantor’s share shall be determined by multiplying the total liability of all the Guarantors under this personal guaranty times such Guarantor’s percentage ownership interest in you, as set forth below.
(b) This personal guaranty is a continuing one and shall terminate only on the satisfaction of each and every obligation of you under this Agreement.
(c) The Guarantors I/We hereby waive any right to notices that may be required by law. Examples of such notices are notice of acceptance of this personal the guaranty, notice of non-payment or Payment Systems any modificationinformation reasonably requested by Forte Payment Systems from time to time concerning my/our financial condition(s), extension business history, business relationships and amendment employment information. I/We have read, understand and agree to be bound by the Terms & Conditions provided to Merchant and those Terms & Conditions contained in the Merchant Application & Agreement. PRIMARY GUARANTOR , an individual NAME PRINTED DATE SECONDARY GUARANTOR , an individual NAME PRINTED DATE This Merchant Services Application and Agreement (”MSAA”), along with the Terms and Conditions attached hereto, serves as Merchant Agreement by and between Forte Payments Systems (”Forte”) and the Merchant named above (“Merchant” “you”). A copy of the Terms and Conditions, Version Number 14.08.01 has been provided to you. A TRANSACTION TO FORTE HEREUNDER, MERCHANT WILL BE DEEMED TO HAVE ACCEPTED THE MERCHANT SERVICES TERMS & CONDITIONS; 3) All information provided in this AgreementMSAA and supporting documents is true and accurate; 4) Merchant authorizes Forte to debit and/or credit the account(s) listed above, or other accounts maintained by merchant , for any amounts owed in accordance with the MSAA and notice of any default by you.
(dthe Terms and Conditions; 5) This personal guaranty shall inure Merchant authorizes Forte to order a credit report on Merchant and/ as provided in Appendix B to the benefit of us Terms and our successors and assigns and be binding upon the Guarantors and their heirs, successors and assigns.
(e) Any provisions of this Agreement which by their terms have or may have application to this personal guaranty or the Guarantors shall be deemed to the extent of such application to apply to this personal guaranty and the GuarantorsConditions. Examples of such provisions are paragraphs 6, 14-18 and 23. This contract has been downloaded from the Iowa Department of Justice xxxxx://xxx.xxxxxxxxxxxxxxxxxxx.xxx/. Viewing has been authorized free of chargeSIGNATURE: DATE: PRINTED NAME: TITLE: SIGNATURE: DATE: PRINTED NAME: TITLE:
Appears in 1 contract
Personal Guaranty. Unless you are a sole proprietorship, all of your obligations under this Agreement shall be personally guaranteed by all In consideration of the individuals who are your direct or indirect shareholders, partners, members or other owners extension of credit to (collectively“Applicant”), the undersigned, jointly, severally and unconditionally guarantees and promises to pay all amounts now owing or which may hereinafter become owing by the Applicant to United Rentals (“GuarantorsUR”). No corporationIt is understood and agreed that this is a continuing guaranty and UR shall not be obligated to notify the undersigned of the dates or amounts of any such credit, partnership, limited liability company that the undersigned waives demand and notice of default and agrees that any extension of time or other entity forbearance, which may be a Guarantorgranted by UR shall not affect or alter UR’s rights under this guaranty. Rather, the individuals who directly or indirectly own each corporation, partnership, limited liability company or other entity that is one of your owners shall constitute Guarantors. All of the Guarantors must execute this Agreement. In consideration of and as a material inducement to us to enter into this Agreement with you (for purposes of this personal guaranty, “this Agreement” shall include this Agreement and any modification, extension and amendment of this Agreement), the Guarantors agree as follows:
The undersigned further waives: (a) The Guarantors hereby guarantee the satisfactory performance by you of this Agreement in accordance with all its terms and conditions. If you default in performance of your obligations under this Agreement, the Guarantors shall be severally liable for a pro rata share of any and all liabilities, damages, claims, judgments, costs and expenses (including without limitation reasonable attorneys’ fees) incurred by us in connection with your default. Each Guarantor’s share shall be determined by multiplying the total liability of all the Guarantors under this personal guaranty times such Guarantor’s percentage ownership interest in you, as set forth below.
(b) This personal guaranty is a continuing one and shall terminate only on the satisfaction of each and every obligation of you under this Agreement.
(c) The Guarantors waive any right to notices that may be required by law. Examples of such notices are notice of acceptance of this personal guaranty, notice ; (b) any demand for payment under this guaranty; (c) benefit of any modification, extension all exemptions and amendment of this Agreement, and notice of any default by you.
homestead laws; (d) all set-offs and counterclaims; and (e) all other notices to which the undersigned might otherwise be entitled. The undersigned for themselves and the Applicant further agrees to pay a service charge to UR at the maximum rate allowed by the laws of the jurisdiction where the originating UR location(s) stated on the invoice(s) is located on all delinquent balance(s) as well as all costs and expenses UR incurs in connection with the collection of any delinquent balance or any other default by the Applicant on any agreement or transaction the Applicant may enter into with UR, including without limitation reasonable attorney’s fees and all other fees arising from collection. This personal is a guaranty of payment and not of collection and the undersigned further waives any right to require that any action be brought against the Applicant or other person or to require that resort be had to any security. The undersigned’s obligation shall remain effective and be enforceable regardless of any subsequent incorporation, reorganization, merger or consolidation transfer or sale of the Applicant or any other change in the composition, nature, personnel, or location of the Applicant. This guaranty shall inure to the benefit of us and our UR, its successors and assigns and be binding upon shall bind the Guarantors and their heirs, executors, personal representatives, administrators, assignees, purchasers, and other successors and assigns.
(e) Any provisions of the undersigned. If any provision or part of this Agreement which by their terms have guaranty is in conflict with any applicable statute or rule of law, such provision, or part thereof, as the case may have application to this personal guaranty or the Guarantors be, shall be deemed null and void to the extent that it may conflict therewith, but without invalidating the remaining provisions hereof or the remaining part of such application provision. The undersigned’s obligations here under may be canceled only by written notice delivered to apply UR by certified mail, with proof of delivery. Upon receipt by UR of such cancellation notice, the undersigned shall not be liable for any further extensions of credit to the Applicant; however, the undersigned shall continue to be liable for all indebtedness of Applicant incurred prior to the date of UR’s receipt of the cancellation notice, together with all pre- and post- cancellation service charges, reasonable costs of collection, including attorney’s fees, incurred in UR’s efforts to collect any indebtedness incurred prior to the date of receipt of the cancellation notice. The undersigned agrees that any and all claims of the undersigned against the Applicant shall be subordinate and subject in right of payment to the prior payment in full of all indebtedness to UR by Applicant. In consideration of UR’s extension of credit to Applicant, the undersigned hereby expressly waives any right of trial by jury in any proceeding arising out of, or relating to, this guaranty, to the extent allowed by the laws of the State of Delaware. The undersigned further consents to jurisdiction and venue for any such action in Kent County, State of Delaware. The undersigned recognizes the obligation both of the Applicant and the undersigned to cause that portion of all payments received by Applicant which include payment to Applicant for the equipment and supplies furnished by UR pursuant to this personal guaranty and agreement to be held in a separate account in trust for payment to UR. The undersigned agrees that the Guarantors. Examples of such provisions are paragraphs 6, 14-18 and 23. This contract Applicant shall not use said payments for any other purpose until payment in full has been downloaded made to UR. The undersigned agrees to act as a fiduciary for payment to UR in exchange for the Applicant’s ability to rent and/or purchase equipment and supplies on credit. The undersigned agrees that any failure to hold payments in trust for UR shall create a debt which is not dischargeable in bankruptcy and which shall be an exception to discharge pursuant to the terms of 11 U.S.C. §523(a)(4) and (6). The undersigned agrees to be bound, by the Online Rental Agreement Terms and Conditions [xxxxx://xxx.xxxxxxxxxxxxx.xxx/en/legal/rental-agreement], as amended from time to time (collectively the Iowa Department “Rental Agreement”). Such terms and conditions include, but are not limited to, indemnification and limitation of Justice xxxxx://xxx.xxxxxxxxxxxxxxxxxxx.xxx/. Viewing has been liability provisions that may affect the undersigned’s liability. The undersigned acknowledges that the Rental Agreement terms and conditions may change over time and agrees to be bound by such terms and conditions in use at the time of each rental or sales transaction in the jurisdiction where the purchase or rental occurs. The terms and conditions of the Rental Agreement are incorporated herein by reference and constitute a part of this Credit Agreement and guaranty, regardless of whether the Rental Agreement is executed by an authorized free representative of chargeApplicant or the undersigned. A copy of the current terms and conditions of the Rental Agreement is available upon request. Individual Signature Date Signed Print Name of Individual Social Security Number Date of Birth Home Address City State Zip Witness Signature Date Print Name of Witness
Appears in 1 contract
Samples: Credit Application and Agreement
Personal Guaranty. Unless you are In consideration of Ashley HomeStores, Ltd. (the “Licensor”) executing a sole proprietorshipTrademark Usage Agreement (the “Agreement”) dated this 1st day of November, 2006, with Hartsdale Convertibles, Inc. (the “Licensee”), and for other good and valuable consideration, the undersigned, for itself, its successors and assigns, hereby guarantees payment of all amounts and the performance of your obligations under this Agreement shall all covenants, terms and conditions of the Agreement, to be paid, kept or performed by Licensee. Further, the undersigned hereby agrees to be personally guaranteed bound by all each and every covenant, term and condition contained in the Agreement and agrees that this Personal Guaranty should be construed as though the undersigned executed an agreement containing the identical covenants, terms and conditions contained in the Agreement, including without limitation the provisions set forth in Section 39 of the individuals who are your direct or indirect shareholders, partners, members or other owners (collectivelyAgreement. Upon the occurrence of an event of default under the Agreement, the “Guarantors”). No corporationundersigned, partnershipits successors and assigns, limited liability company or other entity may be a Guarantor. Ratherdoes hereby promise and agrees to pay to Licensor all monies due and payable to Licensor under the covenants, the individuals who directly or indirectly own each corporation, partnership, limited liability company or other entity that is one of your owners shall constitute Guarantors. All terms and conditions of the Guarantors must execute this Agreement. In consideration addition, if Licensee fails to comply with any of the covenants, terms or conditions contained in the Agreement, then the undersigned, its successors and as a material inducement assigns, does hereby promise and agrees to us to enter into this Agreement with you (for purposes of this personal guaranty, “this Agreement” shall include this Agreement and any modification, extension and amendment of this Agreement), the Guarantors agree as follows:
(a) The Guarantors hereby guarantee the satisfactory performance by you of this Agreement in accordance comply with all its covenants, terms and conditionsconditions of the Agreement for and on behalf of Licensee. If you The undersigned waives: (i) notice of demand for payment of any indebtedness or nonperformance of any obligations hereby guaranteed; and (ii) protest and notice of default in performance to any party respecting the indebtedness or nonperformance of your any obligations hereby guaranteed. In connection with any default or other action arising under this the Agreement, the Guarantors shall be severally liable for a pro rata share undersigned understands and agrees that Licensor may proceed directly against the undersigned, without first bringing an action against Licensee or any other person. Dated: this 1st day of any and all liabilitiesNovember, damages2006. PERSONAL GUARANTOR By: Hxxxxx X. Xxxxxxxxxx Its CEO The undersigned, claims, judgments, costs and expenses (including without limitation reasonable attorneys’ fees) incurred by us in connection with your default. Each Guarantor’s share shall be determined by multiplying the total liability of all the Guarantors under this personal guaranty times such Guarantor’s percentage ownership interest in you, as set forth below.
(b) This personal guaranty is a continuing one and shall terminate only on the satisfaction of each and every obligation of you under this Agreement.
(c) The Guarantors waive any right to notices that may be required by law. Examples of such notices are notice of acceptance of this personal guaranty, notice of any modification, extension and amendment of this Agreement, and notice of any default by you.
(d) This personal guaranty shall inure immediately prior to the benefit execution of us a Trademark Usage Agreement (“Agreement”) between Ashley HomeStores, Ltd. (“Licensor”) and our successors Hartsdale Convertibles, Inc. (“Licensee”) make the following representations and assigns and be binding upon the Guarantors and their heirs, successors and assigns.
(e) Any provisions of this Agreement which by their terms have or may have application to this personal guaranty or the Guarantors shall be deemed to the extent of such application to apply to this personal guaranty and the Guarantors. Examples of such provisions are paragraphs 6, 14-18 and 23. This contract has been downloaded from the Iowa Department of Justice xxxxx://xxx.xxxxxxxxxxxxxxxxxxx.xxx/. Viewing has been authorized free of chargeacknowledgments:
Appears in 1 contract
Personal Guaranty. Unless THIS PERSONAL GUARANTY CREATES SPECIFIC LEGAL OBLIGATIONS. When we use the words you are a sole proprietorshipand your in this Personal Guaranty, all of your obligations under we mean the Personal Guarantor(s) indicated below. When we use the words we, us and our in this Agreement shall be personally guaranteed by all of the individuals who are your direct or indirect shareholdersPersonal Guaranty, partnerswe mean AT&T Capital Leasing Services, members or other owners (collectively, the “Guarantors”). No corporation, partnership, limited liability company or other entity may be a Guarantor. Rather, the individuals who directly or indirectly own each corporation, partnership, limited liability company or other entity that is one of your owners shall constitute Guarantors. All of the Guarantors must execute this Agreement. Inc. In consideration of our entering into the lease agreement identified above ("Lease"), you unconditionally and as irrevocably guarantee to us. our successors and assigns the prompt payment and performance of all obligations of the Customer Identified above ("Lessee") under the Lease. You agree that this is a material inducement guaranty of payment and not of collection, and that we can proceed directly against you without first proceeding against the Lessee or against the equipment covered by the Lease. You waive all defenses and notices, including those of protest, presentment and demand. You agree that we can renew. extend or otherwise modify the terms or the Lease and you will be bound by such changes. If the Lessee defaults under the Lease, you will immediately perform all obligations of the Lessee under the Lease, including, but not limited to, paying all amounts due under the Lease. You will pay to us to enter into this Agreement with you (for purposes of this personal guaranty, “this Agreement” shall include this Agreement and any modification, extension and amendment of this Agreement), the Guarantors agree as follows:
(a) The Guarantors hereby guarantee the satisfactory performance by you of this Agreement in accordance with all its terms and conditions. If you default in performance of your obligations under this Agreement, the Guarantors shall be severally liable for a pro rata share of any and all liabilities, damages, claims, judgments, costs and expenses (including without limitation reasonable attorneys’ ' fees) incurred by us in connection with your defaultenforcing our rights against you or the Lessee. Each Guarantor’s share shall be determined by multiplying the total liability of all the Guarantors under this personal guaranty times such Guarantor’s percentage ownership interest in you, as set forth below.
(b) This personal guaranty is a continuing guaranty which will not be discharged or affected by your death and will bind your heirs and personal representatives. You waive any rights to seek repayment from the Lessee until we have been paid in full for all amounts owed by the Lessee under the Lease. If more than one and shall terminate only on the satisfaction of personal guarantor has signed this Personal Guaranty, each and every obligation of you under this Agreement.
(c) The Guarantors waive agree that your liability is joint and several. You authorize us or any right of our affiliates to notices that may be required by law. Examples of such notices are notice of acceptance of this obtain credit bureau reports regarding your personal guaranty, notice of any modification, extension and amendment of this Agreementcredit, and notice of any default by you.
(d) This personal guaranty shall inure to the benefit of us and our successors and assigns and be binding upon the Guarantors and their heirsmake other credit inquiries that we determine are necessary. THIS PERSONAL GUARANTY IS GOVERNED BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS. YOU CONSENT TO THE JURISDICTION OF ANY LOCAL, successors and assigns.
(e) Any provisions of this Agreement which by their terms have or may have application to this personal guaranty or the Guarantors shall be deemed to the extent of such application to apply to this personal guaranty and the GuarantorsSTATE OR FEDERAL COURT LOCATED WITHIN MASSACHUSETTS. Examples of such provisions are paragraphs 6YOU EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY. NOT APPLICABLE NOT APPLICABLE ------------------------------- ------------------------------- Personal Guarantor Personal Guarantor ------------------------------- ------------------------------- Print Name Print Name Date: _________________________ Date: _______________________ ADDENDUM - SCHEDULE A TO LEASE AGREEMENT NO. SYNTHONICS TECHNOLOGIES, 14-18 and 23INC. This contract has been downloaded from Addendum is made part of the Iowa Department of Justice xxxxx://xxx.xxxxxxxxxxxxxxxxxxx.xxx/. Viewing has been authorized free of chargeLease agreement ("Agreement") identified above, by and between Synthonics; Technologies, Inc. and AT&T Capital Leasing Services, Inc. ("Leasing Services"). Capitalized terms used but not defined will have the same meaning given to them in the Agreement. Omnidata, 0000 Xxxxxxxxx Xx, Xxxx 0, Xxxxxxxx Xxxxxxx, XX 00000 Telephone (000) 000-0000
Appears in 1 contract
Personal Guaranty. Unless you are a sole proprietorship, all of your obligations under this Agreement shall be personally guaranteed by all of the individuals who are your direct or indirect shareholders, partners, members or other owners (collectively, the “Guarantors”). No corporation, partnership, limited liability company or other entity may be a Guarantor. Rather, the individuals who directly or indirectly own each corporation, partnership, limited liability company or other entity that is one of your owners shall constitute Guarantors. All of the Guarantors must execute this Agreement. In consideration of and as a material inducement order to us induce Lessor to enter into this Agreement Schedule with you (for purposes Lessee, the undersigned, jointly and severally, hereby irrevocably and unconditionally, guaranty, without deduction or diminution by reason of counterclaim, offset, or defense, the prompt and complete payment under, whenever due, and performance of this personal guarantySchedule to Lessor or its assigns, “this Agreement” shall include this Agreement and any modification, extension and amendment of this Agreement), the Guarantors agree as follows:
(a) The Guarantors hereby guarantee the satisfactory performance by you of this Agreement in accordance with all its terms and conditions. If you default in performance of your obligations under this Agreement, the Guarantors shall be severally liable for a pro rata share of including any and all liabilitiesmodifications, damagesadditions, claimssupplements and amendments thereof, judgmentsas well as all of Lessee's other Schedules with Lessor that have commencement dates not later than ten (10) days after Lessor receives written notice from the undersigned of their desire not to guaranty any additional Schedules. The undersigned warrant and guaranty that this Schedule has been properly executed by Lessee, costs and expenses (including without limitation reasonable attorneys’ fees) incurred by us in connection with your default. Each Guarantor’s share agree that this guaranty shall be determined by multiplying of full force and effect irrespective of any invalidity or unenforceability of the total Schedule or any provisions thereof, or the existence, validity or value of any security. The undersigned hereby waive presentment notice of acceptance hereof, all notices of any kind to which we may be entitled, and all defenses of a 13 guarantor or surety. The undersigned consent that from time to time, without notice to or further consent from the undersigned and without releasing or affecting the undersigned's liability hereunder, the time for payment or performance under this Schedule may be extended or accelerated in whole or part, any security therefore may be exchanged, rescheduled, enforced, sold, scheduled or otherwise dealt with, the provision of any documents may be canceled, modified or waived, any other guarantors may be rescheduled, and any indulgence may be granted to Lessee, as Lessor may in its sole discretion determine. The obligation and liability of all each undersigned is direct, continuing and unconditional, shall not be diminished or affected whether or not the Guarantors Equipment is repossessed, and Lessor may in its sole discretion determine. The obligation and liability of each undersigned is direct, continuing and unconditional, shall not be diminished or affected whether or not the Equipment is repossessed, and Lessor shall not be required to proceed against Lessee or resort to any other right or remedy before proceeding against the undersigned under this personal guaranty times such Guarantor’s percentage ownership guaranty. No payment by the undersigned, except payment in full of all liabilities hereunder, shall entitle the undersigned to be subrogated to any of the rights or remedies of Lessor under this Schedule. The undersigned warrant they have read this Schedule and hereby waive any and all rights to a trial by jury, and agree to the venue and jurisdiction contained therein, and agree that only full payment and performance of the Schedule can discharge the undersigned's liability. (Guarantor hereby grants to lessor a security interest in you, all goods as set forth below.
(b) in the Master Lease Agreement. This personal guaranty is a continuing one and shall terminate only on the satisfaction of each and every obligation of you under this Agreement.
(c) The Guarantors waive any right to notices that may be required by law. Examples of such notices are notice of acceptance of this personal guaranty, notice of any modification, extension and amendment of this Agreement, and notice of any default by you.
(d) This personal guaranty shall inure to the benefit of us and our successors and assigns and be binding upon the Guarantors undersigned and their the heirs, representatives, successors and assigns of he undersigned, in favor of Lessor and Lessor's successors and assigns.
(e) Any provisions of this Agreement which by their terms have or may have application to this personal guaranty or the Guarantors shall be deemed to the extent of such application to apply to this personal guaranty and the Guarantors. Examples of such provisions are paragraphs 6, 14-18 and 23. This contract has been downloaded from the Iowa Department of Justice xxxxx://xxx.xxxxxxxxxxxxxxxxxxx.xxx/. Viewing has been authorized free of chargeguaranty cannot be terminated or changed orally and no provision hereof may be modified or waived except in writing.) -------------------------------------------------------------------------------
Appears in 1 contract
Personal Guaranty. Unless you are a sole proprietorshipI/We hereby guarantee to ACH Direct, its successors and assigns, the full, prompt, and complete performance of Merchant and all of your Merchant’s obligations under this the Merchant Services Application and Agreement shall be personally guaranteed by (the “Agreement”), including but not limited to all monetary obligations arising out of Merchant’s performance or non-performance under the Agreement, whether arising before or after termination of the individuals who are your direct Agreement.. This guaranty shall not be discharged or indirect shareholdersotherwise affected by any waiver, partnersindulgence, members compromise, settlement, extension of credit, or other owners (collectively, the “Guarantors”). No corporation, partnership, limited liability company or other entity may be a Guarantor. Rather, the individuals who directly or indirectly own each corporation, partnership, limited liability company or other entity that is one variation of your owners shall constitute Guarantors. All terms of the Guarantors must execute this Agreement. In consideration of and as a material inducement to us to enter into this Agreement with you (for purposes of this personal guaranty, “this Agreement” shall include this Agreement and any modification, extension and amendment of this Agreement), the Guarantors agree as follows:
(a) The Guarantors hereby guarantee the satisfactory performance by you of this Agreement in accordance with all its terms and conditions. If you default in performance of your obligations under this Agreement, the Guarantors shall be severally liable for unless specifically discharged or amended. I/We understand that my/our obligations are independent of Merchant’s obligations. I/We understand that I/we have no right to enforce a pro rata share of any and all liabilities, damages, claims, judgments, costs and expenses (including without limitation reasonable attorneys’ fees) incurred remedy which ACHD now has or may later have against Merchant nor to participate in security now or later held by us in connection with your defaultACHD. Each Guarantor’s share shall be determined by multiplying the total liability of all the Guarantors under this personal guaranty times such Guarantor’s percentage ownership interest in you, as set forth below.
(b) This personal guaranty is a continuing one and shall terminate only on the satisfaction of each and every obligation of you under this Agreement.
(c) The Guarantors I/We hereby waive any right to notices that may be required by law. Examples of such notices are notice of acceptance of this personal guaranty, notice of nonpayment or nonperformance of any modification, extension and amendment provision of this Agreementthe Agreement by Xxxxxxxx, and notice all other notices or demands regarding the Agreement. I/We agree to promptly provide to ACH Direct any information reasonably requested by ACH Direct from time to time concerning my/our financial condition(s), business history, business relationships, and employment information. I/We have read, understand, and agree to be bound by the Terms & Conditions provided to Merchant and those terms and conditions contained in the Merchant Application and Agreement. SIGNATURE OF XXXXXXXXX , an individual NAME PRINTED DATE SIGNATURE OF WITNESS , an individual NAME PRINTED DATE MERCHANT AUTHORIZATION AND ACCEPTANCE OF TERMS AND CONDITIONS This Merchant Services Application and Agreement (“MSAA”), along with the Terms and Conditions attached hereto, serves as the Merchant Agreement by and between ACH Direct, Inc. (“ACHD”) and the Merchant named above (“Merchant” “you”). A copy of the Terms and Conditions, version number v07.07, has been provided to you. As a duly authorized signatory of Merchant, the undersigned certifies the following: 1) You have received a copy of the Terms & Conditions and that Merchant agrees to be bound by all terms and conditions contained therein and as may be modified or amended in compliance with those terms; 2) You understand that IF MERCHANT SUBMITS A TRANSACTION TO ACHD HEREUNDER, MERCHANT WILL BE DEEMED TO HAVE ACCEPTED THE MERCHANT SERVICES TERMS & CONDITIONS; 3) All information provided in this MSAA and supporting documents is true and accurate; 4) Merchant authorizes ACHD to debit and/or credit the account(s) listed above, or other accounts main- tained by Merchant, for any default amounts owed in accordance with the MSAA and the Terms and Conditions; 5) Merchant authorizes ACHD to order a credit report on Merchant and/or any affiliate that is listed on the MSAA or any supporting document; 6) Merchant will use the Verification and/or Authentication Services provided by you.
(dACHD for a purpose that is permissible under section 604(a) This personal guaranty shall inure of the Fair Credit Reporting Act and that Merchant will follow proper procedures for adverse action notification to its customers, as provided in Appendix B to the benefit of us Terms and our successors and assigns and be binding upon the Guarantors and their heirs, successors and assigns.
(e) Any provisions of this Agreement which by their terms have or may have application to this personal guaranty or the Guarantors shall be deemed to the extent of such application to apply to this personal guaranty and the GuarantorsConditions. Examples of such provisions are paragraphs 6, 14-18 and 23. This contract has been downloaded from the Iowa Department of Justice xxxxx://xxx.xxxxxxxxxxxxxxxxxxx.xxx/. Viewing has been authorized free of chargeSIGNATURE: DATE: SIGNATURE: DATE: PRINTED NAME: TITLE: PRINTED NAME: TITLE:
Appears in 1 contract
Personal Guaranty. Unless you are a sole proprietorshipThe undersigned (hereinafter called Guarantors, whether one or more) for valuable consideration, receipt whereof is hereby acknowledged, and in further consideration of Creditors (as hereinafter defined) extending to (hereinafter called Debtors, whether one or more) credit (whether in connection with the sale of product, advance of credit terms or otherwise) from time to time (the extent of such credit being at all times in the discretion of Creditors and subject to change by Creditors without notice) hereby Guarantees to Creditors the payment of all indebtedness of Debtors to Creditors whether now existing or hereafter arising, and the full, prompt, faithful and complete performance by Debtors of all agreements. Whenever the word “Creditors” is used herein, it shall be construed to mean, severally, MAX YIELD COOPERATIVE, its successors and assigns, and also, severally, all companies and corporations which may now be or may hereafter become a subsidiary or affiliated in business with such MAX YIELD COOPERATIVE, and severally, the successors and assigns of your each. This Guaranty shall be fully effective in the case of credit extended by the Creditors under trade names or styles as when made in their respective corporate names. It is understood and agreed, with respect to the Creditors defined in this paragraph, that this Guaranty shall be construed as a separate and distinct Guaranty to the same extent as though a separate contract of Guaranty were executed for the benefit of and in the name of each. The word “indebtedness” is used herein in its most comprehensive sense and includes any and all advances, debt, obligations, and liabilities of the Debtors, now existing or hereafter made, incurred or created. Guarantors agree that this Guaranty shall be directly enforceable against Guarantors without first resorting to the principal Debtors or exhausting remedies against them, and any note or notes given to or accepted by the Creditors covering any of the above indebtedness, or any indulgences, forbearances, or extensions of time of payment, shall not in any way release Guarantors from liability. Guarantors agree that in the event a settlement is made with the Debtors for less than the amount of the indebtedness actually due the Creditors, Guarantors shall in no way be released from liability for the balance still due to the Creditors even though the Debtors shall have been released from said indebtedness. Any married person who signs this Guaranty expressly agrees that recourse may be obtained against their separate property for all obligations under this Agreement Guaranty. Guarantors further agree to waive the benefit of any statute of limitations affecting the Debtor’s liability hereunder or the enforcement thereof. This is an absolute and continuing Guaranty and shall remain in full force and effect from the date until revoked by Guarantors in writing, notice of such revocation to be personally guaranteed sent by Certified Mail to MAX YIELD COOPERATIVE, X.X. Xxx 00, Xxxx Xxxx, Xxxx 00000, and be established by postal receipt or acknowledged in writing and signed by an officer of MAX YIELD COOPERATIVE. If this Guaranty is signed by two or more persons, notice of revocation by less than all shall not revoke this Guaranty as to the other Guarantors. The fact that no indebtedness is incurred by the Debtors during any particular period or periods of time hereafter shall not be construed as an abandonment or waiver of this Guaranty nor as releasing the Guarantors from liability hereunder by the Creditors. Revocation shall not affect liability for indebtedness created prior thereto. This Guaranty is independent of and in addition to any and all other security which the Creditors may now or hereafter have for the payment of the individuals who are your direct or indirect shareholders, partners, members or other owners (collectively, the “Guarantors”)indebtedness hereafter mentioned. No corporation, partnership, limited liability company or other entity may be a Guarantor. Rather, the individuals who directly or indirectly own each corporation, partnership, limited liability company or other entity that is one Guarantors hereby waive notice of your owners shall constitute Guarantors. All acceptance of the Guarantors must execute this Agreement. In consideration Guaranty, notice of and as a material inducement to us to enter into this Agreement with you (for purposes of this personal guarantythe creation, “this Agreement” shall include this Agreement and any modificationexistence, extension and amendment of this Agreement), the Guarantors agree as follows:
(a) The Guarantors hereby guarantee the satisfactory performance by you of this Agreement in accordance with all its terms and conditions. If you default in performance of your obligations under this Agreement, the Guarantors shall be severally liable for a pro rata share or maturity of any and all indebtedness incurred hereunder, or other liabilities, damages, claims, judgments, costs and expenses (including without limitation reasonable attorneys’ fees) incurred by us in connection with your default. Each Guarantor’s share shall be determined by multiplying the total liability of all the Guarantors under this personal guaranty times such Guarantor’s percentage ownership interest in you, as set forth below.
(b) This personal guaranty is a continuing one and shall terminate only on the satisfaction of each and every obligation of you under this Agreement.
(c) The Guarantors waive any right to notices that may be required by law. Examples of such notices are notice of acceptance of this personal guaranty, notice of any modification, extension and amendment of this Agreement, and notice of default in or extension of time for payment of any default of the foregoing. Guarantors further waive presentment of payment and protest. If it becomes necessary to enforce this Guaranty by you.
suit or to place this Guaranty in the hands of an attorney for enforcement, although no suit results, Guarantors agree to pay the Creditors interest at the rate of 18.00% (deighteen per cent) This personal guaranty per annum after maturity (or the maximum lesser amount that is lawful under the applicable laws) until paid, on the amount for which Guarantors are liable, and all costs, attorney’s fees and reasonable expenses of collection. Whenever the word “Debtors” is used in this instrument, it shall inure be construed to mean the benefit Debtors actually named herein; and in the event the said Debtors is a corporation, its successors and assigns; and in the event the said Debtors is a partnership, any or either of the partners and the survivor or survivors of any or either of them, and such other person or persons as shall or may at any time or times hereafter be in partnership with them or any or either of them. No change in a partnership or proprietorship shall release the undersigned unless notice of revocation is given as a foresaid. It is agreed that the words and pronouns used in the plural number shall be construed to include the singular number and words and pronouns used in the singular number shall be construed to include the plural number. If this Guaranty is signed by more than one person, the signers shall be jointly and severally liable hereunder. We, the undersigned Guarantors, have carefully read the above and understand its provisions and the obligations created hereunder, and agree that it shall be binding on us and our successors and assigns and be binding upon the Guarantors and their heirs, executors, administrators, successors and assigns.
(e) Any provisions of this Agreement which by their terms have or may have application to this personal guaranty or the Guarantors shall be deemed to the extent of such application to apply to this personal guaranty and the Guarantors. Examples of such provisions are paragraphs 6, 14-18 and 23. This contract has been downloaded from the Iowa Department of Justice xxxxx://xxx.xxxxxxxxxxxxxxxxxxx.xxx/. Viewing has been authorized free of charge
Appears in 1 contract
Samples: Class a Membership Agreement
Personal Guaranty. Unless you are a sole proprietorship, all of your obligations under this Agreement shall be personally guaranteed by all of the individuals who are your direct or indirect shareholders, partners, members or other owners (collectively, the “Guarantors”). No corporation, partnership, limited liability company or other entity may be a Guarantor. Rather, the individuals who directly or indirectly own each corporation, partnership, limited liability company or other entity that is one of your owners shall constitute Guarantors. All of the Guarantors must execute this Agreement. In consideration of and as a material inducement the extension of credit to us to enter into this Agreement with you (for purposes of this personal guaranty, “this Agreement” shall include this Agreement and any modification, extension and amendment of this Agreement"Applicant"), the Guarantors agree as follows:
undersigned, jointly, severally and unconditionally guarantees and promises to pay all amounts now owing or which may hereinafter become owing by the Applicant to United Rentals ("UR"). It is understood and agreed that this is a continuing guaranty and UR shall not be obligated to notify the undersigned of the dates or amounts of any such credit, that the undersigned waives demand and notice of default and agrees that any extension of time or other forbearance, which may be gran xxx by UR shall not affect or alter UR's rights under this guaranty. The undersigned further waives: (a) The Guarantors hereby guarantee the satisfactory performance by you of this Agreement in accordance with all its terms and conditions. If you default in performance of your obligations under this Agreement, the Guarantors shall be severally liable for a pro rata share of any and all liabilities, damages, claims, judgments, costs and expenses (including without limitation reasonable attorneys’ fees) incurred by us in connection with your default. Each Guarantor’s share shall be determined by multiplying the total liability of all the Guarantors under this personal guaranty times such Guarantor’s percentage ownership interest in you, as set forth below.
(b) This personal guaranty is a continuing one and shall terminate only on the satisfaction of each and every obligation of you under this Agreement.
(c) The Guarantors waive any right to notices that may be required by law. Examples of such notices are notice of acceptance of this personal guaranty, notice ; (b) any demand for payment under this guaranty; (c) benefit of any modification, extension all exemptions and amendment of this Agreement, and notice of any default by you.
homestead laws; (d) all set-offs and counterclaims; and (e) all other notices to which the undersigned might otherwise be entitled. The undersigned for themselves and the Applicant further agrees to pay a service charge to UR at the maximum rate allowed by the laws of the jurisdiction where the originating UR location(s) stated on the invoice(s) is located on all delinquent balance(s) as well as all costs and expenses UR incurs in connection with the collection of any delinquent balance or any other default by the Applicant on any agreement or transaction the Applicant may enter into with UR, including without limitation reasonable attorney's fees and all other fees arising from collection. This personal is a guaranty of payment and not of collection and the undersigned further waive s any right to require that any action be brought against the Applicant or other person or to require that resort be had to any security. The undersigned's obligation shall remain effective and be enforceable regardless of any subsequent incorporation, reorganization, merger or consolidation transfer or sale of the Applicant or any other change in the composition, nature, personnel, or location of the Applicant. This guaranty shall inure to the benefit of us and our UR, its successors and assigns and be binding upon shall bind the Guarantors and their heirs, executors, personal representatives, administrators, assignees, purchasers, and other successors and assigns.
(e) Any provisions of the undersigned. If any provision or part of this Agreement which by their terms have guaranty is in conflict with any applicable statute or rule of law, such provision, or part thereof, as the case may have application to this personal guaranty or the Guarantors be, shall be deemed null and void to the extent that it may conflict therewith, but without invalidating the remaining provisions hereof or the remaining part of such application provision. The undersigned's obligations hereunder may be canceled only by written notice delivered to apply UR by certified mail, with proof of delivery. Upon receipt by UR of such cancellation notice, the undersigned shall not be liable for any further extensions of credit to the Applicant; however, the undersigned shall continue to be liable for all indebtedness of Applicant incurred prior to the date of UR's receipt of the cancellation notice, together with all pre - and post- cancellation service charges, reasonable costs of collection, including attorney's fees, incurred in UR's efforts to collect any indebtedness incurred prior to the date of receipt of the cancellation notice. The undersigned agrees that any and all claims of the undersigned against the Applicant shall be subordinate and subject in right of payment to the prior payment in full of all indebtedness to UR by Applicant. In consideration of UR's extension of credit to Applicant, the undersigned hereby expressly waives any right of trial by jury in any proceeding arising out of, or relating to, this guaranty, to the extent allowed by the laws of the State of Delaware. The undersigned further consents to jurisdiction and venue for any such action in Kent County, State of Delaware. The undersigned recognizes the obligation both of the Applicant and the undersigned to cause that portion of all payments received by Applicant which include payment to Applicant for the equipment and supplies furnished by UR pursuant to this personal guaranty and agreement to be held in a separate account in trust for payment to UR. The undersigned agrees that the Guarantors. Examples of such provisions are paragraphs 6, 14-18 and 23. This contract Applicant shall not use said payments for any other purpose until payment in full has been downloaded made to UR. The undersigned agrees to act as a fiduciary for payment to UR in exchange for the Applicant's ability to rent and/or purchase equipment and supplies on credit. The undersigned agrees that any failure to hold payments in trust for UR shall create a debt which is not dischargeable in bankruptcy and which shall be an exception to discharge pursuant to the terms of 11 U.S.C. §523(a)(4) and (6). The undersigned agrees to be bound, by the Online Rental Agreement Terms and Conditions [xxxxx://xxx.xxxxxxxxxxxxx.xxx/en/legal/rental-agreement], as amended from time to time (collectively the Iowa Department "Rental Agreement"). Such terms and conditions include, but are not limited to, indemnification and limitation of Justice xxxxx://xxx.xxxxxxxxxxxxxxxxxxx.xxx/. Viewing has been liability provisions that may affect the undersigned's liability. The undersigned acknowledges that the Rental Agreement terms and conditions may change over time and agrees to be bound by such terms and conditions in use at the time of each rental or sales transaction in the jurisdiction where the purchase or rental occurs. The terms and conditions of the Rental Agreement are incorporated herein by reference and constitute a part of this Credit Agreement and guaranty, regardless of whether the Rental Agreement is executed by an authorized free representative of chargeApplicant or the undersigned. A copy of the current terms and conditions of the Rental Agreement is available upon request. Individual Signature Date Signed Print Name of Individual Social Security Number Date of Birth Home Address City State Zip Witness Signature Date Print Name of Witness
Appears in 1 contract
Samples: Credit Application and Agreement
Personal Guaranty. Unless you are a sole proprietorship, all of your obligations under this Agreement shall be personally guaranteed by all of the individuals who are your direct or indirect shareholders, partners, members or other owners (collectively, the “Guarantors”). No corporation, partnership, limited liability company or other entity may be a Guarantor. Rather, the individuals who directly or indirectly own each corporation, partnership, limited liability company or other entity that is one of your owners shall constitute Guarantors. All of the Guarantors must execute this Agreement. In consideration of and as a material inducement the extension of credit to us to enter into this Agreement with you (for purposes of this personal guaranty, “this Agreement” shall include this Agreement and any modification, extension and amendment of this Agreement"Applicant"), the Guarantors agree as follows:
undersigned, jointly, severally and unconditionally guarantees and promises to pay all amounts now owing or which may hereinafter become owing by the Applicant to United Rentals ("UR"). It is understood and agreed that this is a continuing guaranty and UR shall not be obligated to notify the undersigned of the dates or amounts of any such credit, that the undersigned waives demand and notice of default and agrees that any extension of time or other forbearance, which may be gran xxx by UR shall not affect or alter UR's rights under this guaranty. The undersigned further waives: (a) The Guarantors hereby guarantee the satisfactory performance by you of this Agreement in accordance with all its terms and conditions. If you default in performance of your obligations under this Agreement, the Guarantors shall be severally liable for a pro rata share of any and all liabilities, damages, claims, judgments, costs and expenses (including without limitation reasonable attorneys’ fees) incurred by us in connection with your default. Each Guarantor’s share shall be determined by multiplying the total liability of all the Guarantors under this personal guaranty times such Guarantor’s percentage ownership interest in you, as set forth below.
(b) This personal guaranty is a continuing one and shall terminate only on the satisfaction of each and every obligation of you under this Agreement.
(c) The Guarantors waive any right to notices that may be required by law. Examples of such notices are notice of acceptance of this personal guaranty, notice ; (b) any demand for payment under this guaranty; (c ) benefit of any modification, extension all exemptions and amendment of this Agreement, and notice of any default by you.
homestead laws; (d) all set-offs and counterclaims; and (e) all other notices to which the undersigned might otherwise be entitled. The undersigned for themselves and the Applicant further agrees to pay a service charge to UR at the maximum rate allowed by the laws of the jurisdiction wh ere the originating UR location(s) stated on the invoice(s) is located on all delinquent balance(s) as well as all costs and expenses UR incurs in connection with the collection of any delinquent balance or any other default by the Applicant on any agreement or transaction the Applicant may enter into with UR, including without limitation reasonable attorney's fees and all other fees arising from collection. This personal is a guaranty of payment and not of collection and the undersigned further waive s any right to require that any action be brought against the Applicant or other person or to require that resort be had to any security. The undersigned's obligation shall remain effective and be enforceable regardless of any subsequent incorporation, reorganization, merger or consolidation transfer or sale of the Applicant or any other change in the composition, nature, personnel, or location of the Applicant. This guaranty shall inure to the benefit of us and our UR, its successors and assigns and be binding upon shall bind the Guarantors and their heirs, executors, pe rsonal representati ves, administrators, assignees, purchasers, and other successors and assigns.
(e) Any provisions of the undersigned. If any provision or part of this Agreement which by their terms have guarant y is in conflict with any applicable statute or rule of law, such provision, or part thereof, as the case may have application to this personal guaranty or the Guarantors be, shall be deemed n ull and void to the extent that it may conflict therewith, but without invalidating the remaining provisions hereof or the remaining part of such application provision. The undersigned's obligations hereunder may be canceled only by written notice delivered to apply UR by certified mail, with proof of delivery. Upon receipt by UR of such cancellation notice, the undersigned shall not be liable for any further extensions of credit to the Applicant; however, the undersigned shall continue to be liable for all indebtedness of Applicant incurred prior to the date of UR's receipt of the cancellation notice, together with all pre - and post- cancellation service charges, reasonable costs of collection, including attorney's fees, incurred in UR's efforts to collect any indebtedness incurred prior to the date of receipt of the cancellation notice. The undersigned agrees that any and all claims of the undersigned against the Applicant shall be subordinate and subj ect in right of payment to the prior payment in full of all indebtedness to UR by Applicant. In consideration of UR's extension of credit to Applicant, the undersigned hereby expressly waives any right of trial by jury in any proceeding arising out of, or relating to, this guaranty, to the extent allowed by the laws of the State of Delaware. The undersigned further consents to jurisdiction and venue for any such action in Kent County, State of Delaware. The undersigned recognizes the obligation both of the Applicant and the undersigned to cause that portion of all payments received by Applicant which include payment to Applicant for the equipment and supplies furnished by UR pursuant to this personal guaranty and agreement to be held in a separate account in trust for payment to UR. The undersigned agrees that the Guarantors. Examples of such provisions are paragraphs 6, 14-18 and 23. This contract Applicant shall not use said payments for any other purpose until payment in full has been downloaded made to UR. The undersigned agrees to act as a fiduciary for payment to UR in exchange for the Applicant's ability to rent and/or purchase eq uipment and supplies on credit. The undersigned agrees that any failure to hold payments in trust for UR shall create a debt which is not dischargeable in bankruptcy and which shall be an exception to discharge pursuant to the terms of 11 U.S.C. §523(a)(4) and (6). The undersigned agrees to be bound, by the Online Rental Agreement Terms and Conditions [xxxxx://xxx. xxxxxxxxxxxxx.xxx/xx/xxxxx/xxxxxx-xxxxxxxxx], as amended from time to time (collectively the Iowa Department "Rental Agreement"). Such terms and conditions include, but are not limited to, indemnification and limitation of Justice xxxxx://xxx.xxxxxxxxxxxxxxxxxxx.xxx/. Viewing has been liability provisions that may affect the undersign ed's liability. The undersigned acknowledges that the Rental Agreement terms and conditions may change over time and agrees to be bound by such terms and conditions in use at the time of each rental or sales transaction in the jurisdiction where the purchase or rental occurs. The terms and conditions of the Rental Agreement are incorporated herein by reference and constitute a part of this Credit Ag reement and guaranty, regardless of whether the Rental Agreement is executed by an authorized free representative of chargeApplicant or the undersigned. A copy of the current terms and xxxxxx ions of the Rental Agreement is available upon request. Individual Signature Date Signed Print Name of Individual Social Security Number Home Address City State Zip Witness Signature Date Print Name of Witness
Appears in 1 contract
Samples: Credit Application and Agreement
