Unconditional Guaranty Sample Contracts

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UNCONDITIONAL GUARANTY (Upland IX)
Unconditional Guaranty • March 31st, 2015 • Upland Software, Inc. • Services-prepackaged software • California

For and in consideration of the loan by COMERICA BANK (“Bank”) to UPLAND SOFTWARE, INC. and SOLUTION Q INC. (individually and collectively, the “Borrower”), which loan is made pursuant to a Loan and Security Agreement between Borrower and Bank dated as of February 10, 2012, as amended from time to time (the “Agreement”), and acknowledging that Bank would not enter into the Agreement without the benefit of this Guaranty (this “Guaranty”), the undersigned guarantor (“Guarantor”) hereby unconditionally and irrevocably guarantees the prompt and complete payment of all amounts that Borrower owes to Bank and performance by Borrower of the Agreement and any other agreements between Borrower and Bank, as amended from time to time (collectively referred to as the “Agreements”), in strict accordance with their respective terms. Notwithstanding anything to the contrary in this Guaranty, the obligations of Borrower to the Bank covered by this Guaranty shall not include any obligation of a Borrower

Exhibit 10.2 UNCONDITIONAL GUARANTY
Unconditional Guaranty • September 9th, 2005 • RGC Resources Inc • Natural gas transmisison & distribution
UNCONDITIONAL GUARANTY
Unconditional Guaranty • February 28th, 2022 • Pennsylvania

Whereas, Seller is an affiliate of Guarantor, and Guarantor desires Buyer to enter into SMA(s) with Seller and Guarantor’s provision of this Guaranty is an inducement for Buyer to be willing to enter into SMA(s) with Seller.

AMENDED AND RESTATED UNCONDITIONAL GUARANTY
Unconditional Guaranty • July 6th, 2011 • Global Telecom & Technology, Inc. • Telephone communications (no radiotelephone) • New York

This Amended and Restated Unconditional Guaranty (“Guaranty”) is entered into as of June 29, 2011, by GTT GLOBAL TELECOM GOVERNMENTAL SERVICES, LLC, a Virginia limited liability company (“Guarantor”), in favor of Silicon Valley Bank (“Bank”). The Guaranty amends and restates in its entirety that certain Unconditional Guaranty, dated as of September 30, 2010, made by Guarantor in favor of Bank.

UNCONDITIONAL GUARANTY
Unconditional Guaranty • January 10th, 2013 • Pennsylvania

day of , by (the “Guarantor”), with an address at , in favor of PPL Electric Utilities Corporation (the “Buyer”), with an address at , in consideration of all Transactions for Default Service and Alternative Energy Credit under Supply Master Agreement(s) (“SMA(s)”) between PPL Electric Utilities Corporation and (the “Seller”), including but not limited to Transactions under the Competitive Bridge Plan and the Default Service Plan, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Guarantor is the of Seller.

UNCONDITIONAL GUARANTY
Unconditional Guaranty • January 10th, 2013 • Pennsylvania

day of , by (the “Guarantor”), with an address at , in favor of PPL Electric Utilities Corporation (the “Buyer”), with an address at , in consideration of all Transactions for Default Service and Alternative Energy Credit under Supply Master Agreement(s) (“SMA(s)”) between PPL Electric Utilities Corporation and (the “Seller”), including but not limited to Transactions under the Competitive Bridge Plan and the Default Service Plan, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Guarantor is the of Seller.

Execution Version SECOND AMENDED AND RESTATED UNCONDITIONAL GUARANTY
Unconditional Guaranty • May 5th, 2020

THIS SECOND AMENDED AND RESTATED UNCONDITIONAL GUARANTY (this “Guaranty”) dated as of July 16, 2019 is made by Grizzly Energy, LLC, a Delaware limited liability company (“Parent”), each of the undersigned Subsidiaries of the Parent, whether as an original signatory hereto or as an Additional Guarantor (together with each such Person’s respective heirs, executors, personal representatives, permitted successors and permitted assigns, collectively, “Guarantors” and individually, a “Guarantor”), in favor of Citibank, N.A., as Administrative Agent for the Secured Parties under and as defined in the Credit Agreement referred to below (in such capacity, the “Administrative Agent”), and is executed and delivered pursuant to that certain Fifth Amended and Restated Credit Agreement dated as of July 16, 2019 (as same may be amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) among Administrative Agent, Citibank, N.A., as Collatera

Contract
Unconditional Guaranty • May 5th, 2020 • New York

EX-10.46 7 exhibit1046.htm EXHIBIT 10.46 EXHIBIT 10.46 UNCONDITIONAL GUARANTY This continuing Unconditional Guaranty (“Guaranty”) is entered into as of May 7, 2013, by ALIMERA SCIENCES, INC., a Delaware corporation (“Guarantor”), in favor of SILICON VALLEY BANK, a California corporation (“Bank”). RECITALS A. Concurrently herewith, Bank and ALIMERA SCIENCES LIMITED, a company registered under the laws of England and Wales under company number 08018355 (“Borrower”), are entering into that certain Loan and Security Agreement dated as of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”), pursuant to which Bank has agreed to make certain advances of money and to extend certain financial accommodations to Borrower (collectively, the “Loans”), subject to the terms and conditions set forth therein. Capitalized terms used but not otherwise defined herein shall have the meanings given them in the Loan Agreement. B. In considerat

EX-10.4 5 d572927dex104.htm EX-10.4 Execution Version UNCONDITIONAL GUARANTY
Unconditional Guaranty • May 5th, 2020 • New York

THIS UNCONDITIONAL GUARANTY (“Guaranty”) is entered into as of April 17, 2018, by each of the undersigned (each a “Guarantor”), in favor of MUFG UNION BANK, N.A. (and its subsidiaries and affiliates), in its capacity as Administrative Agent (“Agent”).

SECOND AMENDED AND RESTATED UNCONDITIONAL GUARANTY
Unconditional Guaranty • July 12th, 2016 • Macerich Co • Real estate investment trusts • New York

THIS SECOND AMENDED AND RESTATED UNCONDITIONAL GUARANTY (this “Guaranty”) is dated as of July 6, 2016, and made by THE MACERICH COMPANY, a Maryland corporation (“Guarantor”), in favor of DEUTSCHE BANK AG NEW YORK BRANCH, in its capacity as Administrative Agent for the Lenders described below (in such capacity, together with its successors in such capacity, “Administrative Agent”).

EX-10.6 7 dex106.htm UNCONDITIONAL GUARANTY (DELAWARE) UNCONDITIONAL GUARANTY
Unconditional Guaranty • May 5th, 2020 • California

This continuing Unconditional Guaranty (“Guaranty”) is entered into as of March 26, 2010, by ALPHATEC HOLDINGS, INC., a Delaware corporation (“Guarantor”), in favor of Oxford Finance Corporation (“Lender”).

UNCONDITIONAL GUARANTY
Unconditional Guaranty • August 11th, 2014 • Alimera Sciences Inc • Pharmaceutical preparations • New York

This continuing Unconditional Guaranty (“Guaranty”) is entered into as of April 24, 2014, by ALIMERA SCIENCES B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid) incorporated under the laws of The Netherlands, having its corporate seat in Amsterdam, The Netherlands with registered address at Naritaweg 165, 1043 BW Amsterdam, The Netherlands and registered with the Dutch Commercial Register under number 56645775 (“Guarantor”), in favor of HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation (“Agent”).

Exhibit 10.3 MERRILL LYNCH UNCONDITIONAL GUARANTY ============================= =================================================== FOR VALUE RECEIVED, and in order to induce MERRILL LYNCH BUSINESS FINANCIAL SERVICES INC. ("MLBFS") to advance moneys...
Unconditional Guaranty • November 19th, 2001 • Rent a Wreck of America Inc • Patent owners & lessors • Illinois

This Guaranty is absolute, unconditional and continuing and shall remain in effect until all of the Obligations shall have been fully and indefeasibly paid, performed and discharged. Upon the occurrence and during the continuance of any default or Event of Default under any of the Guaranteed Documents, any or all of the indebtedness hereby guaranteed then existing shall, at the option of the MLBFS, become immediately due and payable from Guarantor (it being understood, however, that upon the occurrence of any "Bankruptcy Event", as defined in the Loan Agreement, all such indebtedness shall automatically become due and payable without action on the part of MLBFS). Notwithstanding the occurrence of any such event, this Guaranty shall continue and remain in full force and effect. To the extent MLBFS receives payment with respect to the Obligations, and all or any part of such payment is subsequently invalidated, declared to be fraudulent or preferential, set aside, required to be repaid b

UNITED COMMUNITY BANK SECOND AMENDED AND RESTATED UNCONDITIONAL GUARANTY
Unconditional Guaranty • September 16th, 2021 • CNL Strategic Capital, LLC • Miscellaneous manufacturing industries

WHEREAS, the above BORROWER (hereinafter termed “Borrower”) obtained a line of credit loan from Lender in the original principal amount of TWENTY-FIVE MILLION AND 00/100 DOLLARS ($25,000,000.00) (the “Loan”); and

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UNCONDITIONAL GUARANTY
Unconditional Guaranty • November 18th, 2011 • Indiana

THIS UNCONDITIONAL GUARANTY (this “Guaranty”) is made as of the 3rd day of January, 2012, by MAINSTREET PROPERTY GROUP, LLC, an Indiana limited liability company (“Mainstreet Property”) and MAINSTREET CAPITAL PARTNERS, LLC, an Indiana limited liability company (“Mainstreet Capital” and, together with Mainstreet Property, hereinafter collectively referred to as the “Guarantor”) in favor of WESTFIELD COMMUNITY DEVELOPMENT CORPORATION (the “Lessor”).

UNCONDITIONAL GUARANTY
Unconditional Guaranty • June 10th, 2011 • Global Telecom & Technology, Inc. • Telephone communications (no radiotelephone) • New York

This Unconditional Guaranty (“Guaranty”) is entered into as of June 6, 2011, by TEK CHANNEL CONSULTING, LLC, a Colorado limited liability company (“Guarantor”), in favor of BIA DIGITAL PARTNERS SBIC II LP, a Delaware limited partnership with an office located at 15120 Enterprise Court, Chantilly, VA 20151 (“Purchaser”).

UNCONDITIONAL GUARANTY
Unconditional Guaranty • April 17th, 2013 • Prospect Global Resources Inc. • General bldg contractors - residential bldgs • Delaware

This UNCONDITIONAL GUARANTY dated as of April 15, 2013 (the “Guaranty”), is executed by Prospect Global Resources, Inc., a Nevada corporation (“Guarantor”), to and for the benefit of The Karlsson Group, Inc., an Arizona corporation (together with any of its affiliate or subsidiary corporations, or their successors or assigns, being collectively referred to herein as the “Holder”).

UNCONDITIONAL GUARANTY OF RENT-A-CENTER, INC.
Unconditional Guaranty • August 5th, 2010 • Rent a Center Inc De • Services-equipment rental & leasing, nec • Texas

THIS UNCONDITIONAL GUARANTY (this “Guaranty”) dated as of August 2, 2010, is made by Rent-A-Center, Inc., a Delaware corporation (together with such Person’s permitted successors and permitted assigns, “Guarantor”), in favor of Citibank, N.A., a national banking association (“Lender”).

UNCONDITIONAL GUARANTY OF PEAK RESORTS, INC.
Unconditional Guaranty • October 20th, 2014 • Peak Resorts Inc • Hotels & motels

Peak Resorts, Inc. (the “Guarantor”) hereby unconditionally guarantees the full and prompt payment and performance of all obligations of W.C. Acquisition Corp. (the “Borrower”) arising out of or relating to a Promissory Note in the original principal amount of FOUR MILLION FIVE HUNDRED THOUSAND DOLLARS ($4,500,000.00) (the “Note”) that was executed and delivered to Meadow Green-Wildcat Corp., Meadow Green-Wildcat Skilift Corp., and Wildcat Mountain Ski Area, Inc. (collectively the “Lender”) on or about October, , 2010 whether now existing or hereinafter arising, all as the same may be amended, extended, renewed, or modified (all of the foregoing obligations, debts and liabilities of the Borrower being hereinafter referred to as the “Liabilities”); the Lender shall not be required to pursue or to exhaust its remedies against the Borrower, or its successors or against any other party liable for payment of any obligation of the Borrower, whether maker, guarantor, or otherwise, or against

UNCONDITIONAL AND CONTINUING GUARANTY For valuable consideration, the undersigned, FABIAN DIAZ ("The Guarantor"), unconditionally guarantees to MEDLEY CREDIT ACCEPTANCE CORPORATION, a Delaware corporation, its successors, endorsees and/or assigns,...
Unconditional Guaranty • June 11th, 1998 • Medley Credit Acceptance Corp • Short-term business credit institutions

For valuable consideration, the undersigned, FABIAN DIAZ ("The Guarantor"), unconditionally guarantees to MEDLEY CREDIT ACCEPTANCE CORPORATION, a Delaware corporation, its successors, endorsees and/or assigns, ("The Secured Party), the due performance, and full and prompt payment whether at maturity, by acceleration, or otherwise, of the obligations and indebtedness of METRO DADE COMMUNITY MENTAL HEALTH CENTER, INC., a Florida corporation, ("The Borrower"), to Secured Party, as evidenced by that certain Promissory Note of even date herewith, from The Borrower, in favor of Secured Party, in the amount of $110,000.00.

UNCONDITIONAL GUARANTY
Unconditional Guaranty • June 5th, 2012 • Indiana

THIS UNCONDITIONAL GUARANTY (this “Guaranty”) is made as of the day of June, 2012, by JC HART HOLDINGS, LLC, an Indiana limited liability company (“Hart Holdings”) and JOHN C. HART, JR. (John C. Hart, Jr. and, together with JC Hart Holdings, LLC, hereinafter collectively referred to as the “Guarantor”) in favor of the CITY OF WESTFIELD, INDIANA (the “City”).

UNCONDITIONAL GUARANTY
Unconditional Guaranty • September 29th, 2004 • Timeline Inc • Services-prepackaged software

In consideration of Silicon Valley Bank’s (“Bank”) loan to Timeline, Inc. (“Borrower”), under the Loan and Security Agreement dated the Effective Date (as defined therein) (the “Agreement”), Analyst Financials, Ltd (UK) (“Guarantor”) unconditionally and irrevocably guarantees payment of all amounts Borrower owes Bank and Borrower’s performance of the Agreement and any other agreements between Borrower and Bank, as amended from time to time (collectively the “Agreements”), according to their terms.

EXHIBIT 12.3 [FIRST UNION LOGO] UNCONDITIONAL GUARANTY
Unconditional Guaranty • April 27th, 2001 • Pf Management Inc • Bakery products
UNCONDITIONAL GUARANTY
Unconditional Guaranty • March 26th, 2009 • RGC Resources Inc • Natural gas transmisison & distribution
UNCONDITIONAL GUARANTY
Unconditional Guaranty • June 24th, 2005 • Synova Healthcare Group Inc • Pharmaceutical preparations

Synova Healthcare, Inc. Rose Tree Corporate Center 1400 North Providence Road Bldg II, Suite 6010 Media, Pennsylvania 19063 (Individually and collectively "Borrower")

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