Guarantee of Obligations under Asset Purchase Agreement

for Your State

This Guarantee of Obligations Under Asset Purchase Agreement is between a vendor, purchaser and guarantor of goods. It is important that this type of Guarantee be in writing in the event of future problems. This form is for use in all states and is available for immediate download.

For Immediate Download

$19.95 Add to Cart
Free eSignature included
with every order
Please select a state

File types included

  • Microsoft Word
  • Adobe PDF
  • WordPerfect
  • Rich Text Format

Compatible with

  • Windows
  • Mac OS X
  • Linux

For Immediate Download

$19.95 Add to Cart
Free eSignature included
with every order
Please select a state

Attorney prepared

Our forms are kept up-to-date and accurate by our lawyers

Unlike other sites, every document on FindLegalForms.com is prepared by an attorney, so you can be sure that you are getting a form that is accurate and valid in your state.

Valid in your state

Our forms are guaranteed
to be valid in your state

Our team works tirelessly to keep our products current. As the laws change in your state, so do our forms.

Over 3,500,000
satisfied customers

In over 10 years of creating and selling legal forms, our focus has never changed: providing our customers high quality legal products, low prices and an experience that takes some confusion out of the law.

Free eSignature

Sign your form online, free with any form purchase

We now provide a free Electronic Signature Service to all of our visitors. There are no hidden charges or subscription fees, it's just plain free.

60-Days Money Back

Try our forms with no risk

If you are unhappy with your form purchase for any reason at all, contact us within 60 days and we will refund 100% of your money back.
This Guarantee of Obligations under Asset Purchase Agreement is between a vendor, a purchaser and a guarantor. Under this agreement the guarantor unconditionally guarantees that a vendor will be paid for goods the purchaser buys. This agreement effectively sets out that the guarantor guarantees the vendor payment and performance under a purchase agreement. A written Guarantee of Obligations Under Asset Purchase Agreement will prove invaluable in the event of disagreements, misunderstandings or litigation.

This Guarantee of Obligations Under Asset Purchase Agreement includes the following provisions:
  • Identities of Vendor and Purchaser: Sets out the name of the vendor, the purchaser and its business name, address of business and date of Asset Purchase Agreement;
  • Identity of Guarantor: Sets forth the identity and address of the guarantor;
  • Signature: The Guarantee must be signed by the Guarantor and a witness.

Protect yourself, your rights and your property by using our professionally prepared up-to-date forms.

This attorney-prepared packet contains:
  1. General Instructions
  2. Guarantee of Obligations Under Asset Purchase Agreement
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Guarantee of Obligations under
Asset Purchase Agreement
 

 

TO:   [Name of Vendor] (the “Vendor”)
RE:   [Name of Purchaser] (the “Purchaser”) Purchase from the Vendor of the Assets of [Name of Purchased Business], [Address of Purchased Business] pursuant to an Asset Purchase Agreement dated as of [Date of Asset Purchase Agreement] (the "Purchase Agreement") among  the Vendor and the Purchaser
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the undersigned, [Name of Guarantor] (the “Guarantor”) hereby unconditionally guarantees to the Vendor, payment and performance by the Purchaser of all amounts owing to the Vendor and performance of all obligations of the Purchaser under the Purchase Agreement (collectively the “Obligations”) and indemnifies the Vendor as a debtor and not simply as a surety. 
The Guarantor hereby further agrees with the Vendor as follows:
1.   The Vendor shall not be bound to exhaust its recourse against the Purchaser or others of any securities it may at any time hold before being entitled to payment and performance from the Guarantor of the Obligations. The Guarantor renounces to all benefits of discussion and division.
2.   This Guarantee shall not be affected by any change in the name of the Purchaser, or by any change whatsoever in the objects, capital structure or constitution of the Purchaser, or by the sale of the Purchasers business or any part thereof or by the Purchaser being amalgamated with any corporation, but shall, notwithstanding any such event, continue to apply to all Obligations; and in the case of the Debtor being amalgamated with a corporation, this guarantee shall apply to the liabilities of the resulting corporation, and the term " Purchaser " shall include each such resulting partnership and corporation, or by the insolvency, bankruptcy, dissolution, winding up or incapacity of the Purchaser, but shall notwithstanding the happening of any such event continue to apply to the Obligations.
3.   The Guarantor shall be bound by any account settled between the Vendor and the Purchaser, and if no such account has been so settled immediately before demand for payment under this Guarantee any account stated by the Vendor shall be accepted by the Guarantor as conclusive evidence of the amount which at the date of the account so stated is due by the Purchaser to the Vendor or remains unpaid by the Purchaser to the Vendor.
4.   No suit based on this Guarantee shall be instituted until demand for payment has been made, and demand for payment shall be deemed to have been effectually made upon the Guarantor if and when an envelope containing such demand, addressed to the Guarantor as follows:
[Address of Guarantor]
is posted, postage prepaid, in the post office. Moreover, when demand for payment has been made, the Guarantor shall also be liable to the Vendor for all legal costs (on a solicitor and client basis) incurred by or on behalf of the Vendor resulting from any action instituted on the basis of this Guarantee.
5.   This Guarantee shall extend to and enure to the benefit of the Vendor and its heirs, executors, successors and assigns, and every reference herein to the Guarantor is a reference to and shall be construed as including the Guarantor and its successors and assigns or of each of them or of any of them, as the case may be, to and upon all of whom this Guarantee shall extend and be binding.
6.   This Guarantee shall be governed by the laws of the State of [State (ie. California)].
IN WITNESS WHEREOF the Guarantor has executed this Guarantee as of [Date of Guarantee (ie. July 31, 2002)].
 
 
 
 
Witness
 
[NAME OF GUARANTOR]
 
Number of Pages4
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#28834
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Guarantee of Obligations under
Asset Purchase Agreement
 

 

TO:   [Name of Vendor] (the “Vendor”)
RE:   [Name of Purchaser] (the “Purchaser”) Purchase from the Vendor of the Assets of [Name of Purchased Business], [Address of Purchased Business] pursuant to an Asset Purchase Agreement dated as of [Date of Asset Purchase Agreement] (the "Purchase Agreement") among  the Vendor and the Purchaser
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the undersigned, [Name of Guarantor] (the “Guarantor”) hereby unconditionally guarantees to the Vendor, payment and performance by the Purchaser of all amounts owing to the Vendor and performance of all obligations of the Purchaser under the Purchase Agreement (collectively the “Obligations”) and indemnifies the Vendor as a debtor and not simply as a surety. 
The Guarantor hereby further agrees with the Vendor as follows:
1.   The Vendor shall not be bound to exhaust its recourse against the Purchaser or others of any securities it may at any time hold before being entitled to payment and performance from the Guarantor of the Obligations. The Guarantor renounces to all benefits of discussion and division.
2.   This Guarantee shall not be affected by any change in the name of the Purchaser, or by any change whatsoever in the objects, capital structure or constitution of the Purchaser, or by the sale of the Purchasers business or any part thereof or by the Purchaser being amalgamated with any corporation, but shall, notwithstanding any such event, continue to apply to all Obligations; and in the case of the Debtor being amalgamated with a corporation, this guarantee shall apply to the liabilities of the resulting corporation, and the term " Purchaser " shall include each such resulting partnership and corporation, or by the insolvency, bankruptcy, dissolution, winding up or incapacity of the Purchaser, but shall notwithstanding the happening of any such event continue to apply to the Obligations.
3.   The Guarantor shall be bound by any account settled between the Vendor and the Purchaser, and if no such account has been so settled immediately before demand for payment under this Guarantee any account stated by the Vendor shall be accepted by the Guarantor as conclusive evidence of the amount which at the date of the account so stated is due by the Purchaser to the Vendor or remains unpaid by the Purchaser to the Vendor.
4.   No suit based on this Guarantee shall be instituted until demand for payment has been made, and demand for payment shall be deemed to have been effectually made upon the Guarantor if and when an envelope containing such demand, addressed to the Guarantor as follows:
[Address of Guarantor]
is posted, postage prepaid, in the post office. Moreover, when demand for payment has been made, the Guarantor shall also be liable to the Vendor for all legal costs (on a solicitor and client basis) incurred by or on behalf of the Vendor resulting from any action instituted on the basis of this Guarantee.
5.   This Guarantee shall extend to and enure to the benefit of the Vendor and its heirs, executors, successors and assigns, and every reference herein to the Guarantor is a reference to and shall be construed as including the Guarantor and its successors and assigns or of each of them or of any of them, as the case may be, to and upon all of whom this Guarantee shall extend and be binding.
6.   This Guarantee shall be governed by the laws of the State of [State (ie. California)].
IN WITNESS WHEREOF the Guarantor has executed this Guarantee as of [Date of Guarantee (ie. July 31, 2002)].
 
 
 
 
Witness
 
[NAME OF GUARANTOR]
 
You've found your form, but will you need others? If there are other related forms you may need in the future, it may be beneficial to look at our combo packages. On average, customers who purchase a combo package save 40% on the related forms they need. Take a look at the combo packages below to see if one is right for you.
Asset Purchase Combo Package Get 6 forms for just $39.95 Save 65%! Asset Purchase Combo Package for use in all states. Guarantees & Indemnity Agreement Forms Combo Package Get 8 forms for just $39.95 Save 75%! Save Money with this combo package containing all of our most popular Guarantees & Indemnity Agreement forms

Looking for something else?