Continuing Guaranty Sample Contracts

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CONTINUING GUARANTY
Continuing Guaranty • March 14th, 2017 • CUI Global, Inc. • Wholesale-electronic parts & equipment, nec • New York
CONTINUING GUARANTY Dated as of January 20, 2022
Continuing Guaranty • January 21st, 2022 • Tilly's, Inc. • Retail-apparel & accessory stores • California
CONTINUING GUARANTY
Continuing Guaranty • July 11th, 2014 • AAC Holdings, Inc. • Services-specialty outpatient facilities, nec • Tennessee

THIS CONTINUING GUARANTY (the “Guaranty”) entered into May 2, 2014 but effective as of the 15th day of April, 2014 (“Effective Date”), by JERROD N. MENZ, an individual residing in Tennessee (the “Guarantor”), in favor of RELIANT BANK with offices located at 1736 Carothers Parkway, Suite 100, Brentwood, Tennessee 37027 (the “Lender”), in order to induce the Lender to extend credit to AAC HOLDINGS, INC., a Nevada corporation (the “Borrower”). The Guarantor and Lender are collectively referred to herein as the “Parties” and individually as a “Party.”

CONTINUING GUARANTY
Continuing Guaranty • February 24th, 2011 • Higher One Holdings, Inc. • Services-business services, nec • Connecticut

THIS CONTINUING GUARANTY is made as of the 31st day of December, 2010 by HIGHER ONE REAL ESTATE, INC., a Delaware corporation (the “Guarantor”), in favor of BANK OF AMERICA, N.A., a national banking association having an office at 777 Main Street, Hartford, Connecticut 06115, as Administrative Agent (together with any successor thereto appointed pursuant to Section 9.06 of the Credit Agreement referred to below, “Agent”) for itself and the other Lenders (defined below) which are or may become parties to the Credit Agreement referred to below.

CONTINUING GUARANTY (Business Organization) Pennsylvania
Continuing Guaranty • April 15th, 2005 • National Patent Development Corp • Miscellaneous manufacturing industries • Pennsylvania
Continuing Guaranty
Continuing Guaranty • August 11th, 2022 • Lodging Fund REIT III, Inc. • Real estate investment trusts

This Continuing Guaranty (this “Guaranty”), dated as of August 3, 2022 (the “Effective Date”), is made by Lodging Fund REIT III OP, LP, a Delaware limited partnership (the “Guarantor”) in favor of Legendary A-1 Bonds, LLC, a Delaware limited liability company (“Lender”).

AMENDED AND RESTATED CONTINUING GUARANTY (this “Guaranty”)
Continuing Guaranty • September 26th, 2012 • Gas Natural Inc. • Natural gas distribution • New York

FOR VALUE RECEIVED, the sufficiency of which is hereby acknowledged, and in consideration of credit and/or financial accommodation heretofore or hereafter from time to time made or granted to Energy West, Incorporated, a Montana corporation (the “Borrower”) and each of the undersigned Subsidiaries of Borrower (each of the undersigned and each other Person who joins this Guaranty as a “Guarantor” pursuant to a joinder agreement in form and substance reasonably satisfactory to the Agent (as hereinafter defined) are each sometimes referred to herein individually as a “Guarantor” and collectively as the “Guarantors”), by BANK OF AMERICA, N.A. (“Bank of America”) and the other Lenders (as hereinafter defined) pursuant to that certain Amended and Restated Credit Agreement of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) by and among the Borrower, Bank of America, in its capacity as administrative agent (in such capacit

CONTINUING GUARANTY DEER VALLEY CORPORATION
Continuing Guaranty • December 12th, 2007 • Deer Valley Corp • Mobile homes

For the purpose of inducing FIFTH THIRD BANK, a Michigan banking corporation, hereinafter referred to as the "Lender," to loan to DEER VALLEY HOMEBUILDERS, INC., an Alabama corporation, hereinafter referred to as the "Borrower," the maximum sum of $5,000,000.00, the undersigned, hereinafter referred to as "Guarantor," whether one or more, jointly and severally if more than one, does hereby unconditionally guaranty to Lender that: (a) Borrower will duly and punctually pay or perform all indebtedness, obligations and liabilities, direct or indirect, matured or unmatured, primary or secondary, certain or contingent of Borrower to Lender now or hereafter owing or incurred (including without limitation costs and expenses incurred by Lender in attempting to collect or enforce any of the foregoing) which are chargeable to Borrower either by law or under the terms of Lender's arrangements with Borrower relative to the above mentioned loan, hereinafter collectively referred to as the "Obligatio

CONTINUING GUARANTY (Business Organization)
Continuing Guaranty • September 27th, 2020 • New York

Guarantor, intending to be legally bound, hereby unconditionally guarantees the full and prompt payment and performance of any and all of Lessee’s Obligations (as defined below) to the Lessor when due, whether at stated maturity, by acceleration or otherwise. As used in this Guaranty, the term “Obligations” shall mean any and all obligations, indebtedness and other liabilities of Lessee to the Lessor now or hereafter existing, of every kind and nature and all accrued and unpaid interest thereon and all Expenses (as defined below) including without limitation, whether such obligations, indebtedness and other liabilities (i) are direct, contingent, liquidated, unliquidated, secured, unsecured, matured or unmatured; (ii) are pursuant to a guaranty or surety in favor of the Lessor; (iii) were originally contracted with the Lessor or with another party (including obligations under a guaranty or surety originally in favor of such other party); (iv) are contracted by Lessee alone or jointly w

CONTINUING GUARANTY (Business Organization) Pennsylvania
Continuing Guaranty • December 23rd, 2005 • dELiAs, Inc. • Retail-catalog & mail-order houses • Pennsylvania

GUARANTOR: dELiA*s, INC., a x corporation __ general partnership __ limited partnership __ limited liability company, organized under the laws of the State of Delaware. Chief executive office/principal residence: 435 Hudson Street, New York, New York 10014.

CONTINUING GUARANTY (Business Organization) New York
Continuing Guaranty • August 24th, 2021 • Corning Natural Gas Holding Corp • Natural gas transmisison & distribution • New York
AMENDED & RESTATED CONTINUING GUARANTY
Continuing Guaranty • November 7th, 2014 • Hannon Armstrong Sustainable Infrastructure Capital, Inc. • Real estate investment trusts • New York

FOR VALUE RECEIVED, the sufficiency of which is hereby acknowledged, and in consideration of credit and/or financial accommodation heretofore or hereafter from time to time made or granted to HAT CF I Borrower LLC, a Delaware limited liability company (“Borrower HAT I”), HASI CF I Borrower LLC, a Delaware limited liability company (“Borrower HASI”), and HAT CF II Borrower LLC, a Delaware limited liability company (“Borrower HAT II”, and together with Borrower HAT I and Borrower HASI, collectively, the “Borrowers”) by the lenders party to that certain Amended & Restated Loan Agreement (as defined in Annex A) from time to time, including without limitation Bank of America, N.A. (collectively the “Lender”), the undersigned Guarantors (each a “Guarantor” and collectively “Guarantors”) hereby furnishes its guaranty of the Guaranteed Obligations (as hereinafter defined) as follows:

CONTINUING GUARANTY
Continuing Guaranty • June 21st, 2013 • Corporate Resource Services, Inc. • Services-help supply services • Colorado
AMENDED AND RESTATED CONTINUING GUARANTY
Continuing Guaranty • March 12th, 2012 • Americas Carmart Inc • Retail-auto dealers & gasoline stations • California

This CONTINUING GUARANTY (this “Guaranty”), dated as of March 9, 2012, is executed by COLONIAL AUTO FINANCE, INC., an Arkansas corporation (“Guarantor”), in favor of BANK OF AMERICA, N.A., in its capacity as agent for Lenders (as hereinafter defined) (in such capacity, “Agent”), in light of the following facts:

CONTINUING GUARANTY
Continuing Guaranty • November 9th, 2009 • Physicians Formula Holdings, Inc. • Perfumes, cosmetics & other toilet preparations • California
RECITALS
Continuing Guaranty • May 4th, 1999 • Leisure Time Casinos & Resorts Inc • California
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CONTINUING GUARANTY
Continuing Guaranty • November 8th, 2010 • Americas Carmart Inc • Retail-auto dealers & gasoline stations • California

This CONTINUING GUARANTY (this “Guaranty”), dated as of November 4, 2010, is executed by AMERICA’S CAR-MART, INC., a Texas corporation (“Parent” or “Guarantor”), in favor of BANK OF ARKANSAS, N.A., in its capacity as agent for Lenders (as hereinafter defined) (in such capacity, “Agent”), in light of the following facts:

CONTINUING GUARANTY JANUARY 15, 2009
Continuing Guaranty • January 22nd, 2009 • Broadwind Energy, Inc. • Nonferrous foundries (castings) • Illinois

FOR VALUE RECEIVED, the sufficiency of which is hereby acknowledged, and in consideration of credit and/or financial accommodation heretofore or hereafter from time to time made or granted to Brad Foote Gear Works, Inc. (the “Borrower”) by BANK OF AMERICA, N.A. and any other subsidiaries or affiliates of Bank of America Corporation and its successors and assigns (collectively the “Lender”), the undersigned Guarantor (collectively, the “Guarantor”, jointly and severally) hereby furnishes its guaranty of the Guaranteed Obligations (as hereinafter defined) as follows:

CONTINUING GUARANTY
Continuing Guaranty • November 6th, 2007 • Intermec, Inc. • Computer peripheral equipment, nec • California
RESTATED CONTINUING GUARANTY (MOLLO)
Continuing Guaranty • February 11th, 2000 • Mobility Electronics Inc • Arizona
CONTINUING GUARANTY
Continuing Guaranty • September 20th, 2018

FOR VALUABLE CONSIDERATION, the undersigned (hereinafter the "Guarantor"), for himself or herself, his or her heirs, personal representatives, successors and assigns unconditionally guarantees to the Community Redevelopment Agency of the City of Orlando, a public body corporate and politic of the State of Florida created pursuant to Part III, Chapter 163, Florida Statutes (hereinafter referred to as the “CRA”), and its successors, endorsees and/or assigns, the performance and obligations of Popcorn Junkie, LLC, (hereinafter referred to as the “Business”) arising under the Minority/women Entrepreneur Business Assistance (MEBA) Program Funding Agreement (hereinafter referred to as the “Agreement”), including but not limited to indebtedness associated with repayment of MEBA program funds in the event of a default.

AGREEMENT FOR GUARANTEED MAXIMUM PRICE CONSTRUCTION SERVICES BETWEEN WYNN LAS VEGAS, LLC AND MARNELL CORRAO ASSOCIATES, INC. FOR LE RÊVE EXHIBIT Q AMENDED AND RESTATED CONTINUING GUARANTY
Continuing Guaranty • November 18th, 2002 • Wynn Resorts LTD • Hotels & motels

This Amended and Restated Continuing Guaranty (hereinafter called the "Guaranty") is made this 22nd day of October, 2002 by AUSTI, INC., a Nevada corporation (hereinafter called "Guarantor") in favor of WYNN LAS VEGAS, LLC, a Nevada limited liability company (hereinafter called "Owner"), with regard to the following:

CONTINUING GUARANTY (FIRST LIEN)
Continuing Guaranty • June 2nd, 2008 • Prospect Medical Holdings Inc • Services-offices & clinics of doctors of medicine • New York

FOR VALUE RECEIVED, the sufficiency of which is hereby acknowledged, and in consideration of credit and/or financial accommodations heretofore or hereafter from time to time made or granted to PROSPECT MEDICAL HOLDINGS, INC., a Delaware corporation and PROSPECT MEDICAL GROUP, INC., a California professional corporation (each, a “Borrower” and collectively, the “Borrowers”), pursuant to the First Lien Credit Agreement dated as of August 8, 2007 by and among the Borrowers, BANK OF AMERICA, N.A. as administrative agent (the “Administrative Agent”) and the lenders party thereto (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), the undersigned Guarantor (whether one or more, the “Guarantor”, and if more than one, jointly and severally) hereby furnishes its guaranty of the Guaranteed Obligations (as hereinafter defined) as follows:

CONTINUING GUARANTY
Continuing Guaranty • August 4th, 2010 • Solar Power, Inc. • Semiconductors & related devices • California

This Continuing Guaranty (this “Guaranty”) dated as of June 22, 2010, is made by Stephen C. Kircher, an individual (“Guarantor”), in favor of Umpqua Bank, an Oregon corporation (“Lender”).

See attached.
Continuing Guaranty • October 27th, 2000 • Universal Manufacturing Co • Motor vehicle parts & accessories • Iowa
CONTINUING GUARANTY
Continuing Guaranty • September 26th, 2006 • US BioEnergy CORP • Industrial organic chemicals • Minnesota

THIS CONTINUING GUARANTY (this “Guaranty”) is made as of November 15, 2005, by US BIOENERGY CORPORATION, a South Dakota corporation (“Guarantor”), for the benefit of AGSTAR FINANCIAL SERVICES, PCA.

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