Guarantee of Specific Debts

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Guarantee by a Guarantor of a specific debt and obligation of a Borrower to a Lender.

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This form provides for a guarantor for the repayment of a specific debt. This guarantor is, in effect, a co-signer for a specific obligation of a borrower to a lender. The guarantor agrees that if any of the payments are late or not paid, they will make the payments. The guarantor also agrees that the guarantee may be enforced without having to first sue the borrower for defaulting on the debt. A mere default by the borrower without any court action will suffice to require the guarantor to make good on the obligation.

This form includes special formatting features to assist you in completing the agreement.
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 Specific Debt

 

 
 
 
 
TO:          (the “Creditor”)
 
 
1.   The undersigned (the “Guarantor”) hereby unconditionally and irrevocably guarantees payment and performance of all debts and obligations owing by       (the “Obligor”) to the Creditor or remaining unpaid by the Obligor to the Creditor under       (collectively the “Obligations”).
 
2.   The liability of the Guarantor hereunder shall be absolute and unconditional and shall not be affected by (i) any lack of validity or enforceability of any Obligations or any change in the time, manner or place of payment of or in any other term of the Obligations; (ii) any impossibility, impracticability, frustration of purpose, illegality, force majeure or act of government; (iii) the bankruptcy, or insolvency of the Obligor or the Creditor; (iv) any lack or limitation of power, incapacity or disability on the part of the Obligor or any other irregularity, defect or informality on the part of the Obligor in its Obligations; or (v) any other law, regulation or other circumstance which might otherwise constitute a defense available to, or a discharge of, the Obligor in respect of any or all of the Obligations.
 
3.   The liability of the Guarantor hereunder shall not be released, discharged, limited or in any way affected by anything done, suffered or permitted by the Creditor in connection with any duties or liabilities of the Obligor to the Creditor or any security therefor including any loss of or in respect of any security received by the Creditor from the Obligor or others. The Creditor, without releasing, discharging, limiting or otherwise affecting in whole or in part the Guarantors liability hereunder, may (i) grant time, renewals, extensions, indulgences, releases and discharges to the Obligor; (ii) take or abstain from taking securities or collateral from the Obligor or from perfecting securities or collateral of the Obligor; (iii) accept compromises from the Obligor; (iv) apply all money at any time received from the Obligor or from securities upon such part of the Obligations as the Creditor may see fit or change any such application in whole or in part from time to time as the Creditor may see fit; and (v) otherwise deal with the Obligor and all other persons and securities as the Creditor may see fit.
 
4.   The Creditor shall not be bound or obligated to exhaust its recourse against the Obligor or other persons or any securities or collateral it may hold or take any other action (other than to make demand pursuant to Section 6 below) before being entitled to demand payment from the Guarantor hereunder.
 
5.   The Guarantor shall not claim any set-off or counterclaim against the Obligor in respect of any liability of the Obligor to the Guarantor.
 
6.   The Guarantor shall make payment to or performance in favor of the Creditor of the Obligations of the Guarantor forthwith after demand therefor is made to the Guarantor. The Creditor shall be entitled to make demand upon the Guarantor at any time upon a default in payment of any amount owing by the Obligor to the Creditor and upon such default the Creditor may treat all Obligations as due and payable and may forthwith collect from the Guarantor the total amount guaranteed hereunder.
 
7.   The Guarantor hereby waives notice of acceptance of this instrument.
 
8.   This Guarantee shall enure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and permitted assigns of the Guarantor and the Creditor. This Guarantee constitutes the entire agreement between the Creditor, the Obligor and the Guarantor with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between such parties with respect thereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, expressed, implied or statutory, between such parties other than as expressly set forth in this Guarantee.  No failure on the part of the Creditor to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude the other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. If any provision of this Guarantee is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect. The rights of the Creditor under this Guarantee may be assigned by the Creditor without the prior consent of the Obligor or the Guarantor. The Guarantor may not assign its obligations under this Guarantee. This Guarantee shall be governed by and construed in accordance with the laws of the State of       and the laws of the United States of America applicable therein.
 
IN WITNESS WHEREOF the Guarantor has executed this Guarantee as of the date first above mentioned.
 
 
 
 
 
 
Witness
 
     
 
Number of Pages4
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#28628
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 Specific Debt

 

 
 
 
 
TO:          (the “Creditor”)
 
 
1.   The undersigned (the “Guarantor”) hereby unconditionally and irrevocably guarantees payment and performance of all debts and obligations owing by       (the “Obligor”) to the Creditor or remaining unpaid by the Obligor to the Creditor under       (collectively the “Obligations”).
 
2.   The liability of the Guarantor hereunder shall be absolute and unconditional and shall not be affected by (i) any lack of validity or enforceability of any Obligations or any change in the time, manner or place of payment of or in any other term of the Obligations; (ii) any impossibility, impracticability, frustration of purpose, illegality, force majeure or act of government; (iii) the bankruptcy, or insolvency of the Obligor or the Creditor; (iv) any lack or limitation of power, incapacity or disability on the part of the Obligor or any other irregularity, defect or informality on the part of the Obligor in its Obligations; or (v) any other law, regulation or other circumstance which might otherwise constitute a defense available to, or a discharge of, the Obligor in respect of any or all of the Obligations.
 
3.   The liability of the Guarantor hereunder shall not be released, discharged, limited or in any way affected by anything done, suffered or permitted by the Creditor in connection with any duties or liabilities of the Obligor to the Creditor or any security therefor including any loss of or in respect of any security received by the Creditor from the Obligor or others. The Creditor, without releasing, discharging, limiting or otherwise affecting in whole or in part the Guarantors liability hereunder, may (i) grant time, renewals, extensions, indulgences, releases and discharges to the Obligor; (ii) take or abstain from taking securities or collateral from the Obligor or from perfecting securities or collateral of the Obligor; (iii) accept compromises from the Obligor; (iv) apply all money at any time received from the Obligor or from securities upon such part of the Obligations as the Creditor may see fit or change any such application in whole or in part from time to time as the Creditor may see fit; and (v) otherwise deal with the Obligor and all other persons and securities as the Creditor may see fit.
 
4.   The Creditor shall not be bound or obligated to exhaust its recourse against the Obligor or other persons or any securities or collateral it may hold or take any other action (other than to make demand pursuant to Section 6 below) before being entitled to demand payment from the Guarantor hereunder.
 
5.   The Guarantor shall not claim any set-off or counterclaim against the Obligor in respect of any liability of the Obligor to the Guarantor.
 
6.   The Guarantor shall make payment to or performance in favor of the Creditor of the Obligations of the Guarantor forthwith after demand therefor is made to the Guarantor. The Creditor shall be entitled to make demand upon the Guarantor at any time upon a default in payment of any amount owing by the Obligor to the Creditor and upon such default the Creditor may treat all Obligations as due and payable and may forthwith collect from the Guarantor the total amount guaranteed hereunder.
 
7.   The Guarantor hereby waives notice of acceptance of this instrument.
 
8.   This Guarantee shall enure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and permitted assigns of the Guarantor and the Creditor. This Guarantee constitutes the entire agreement between the Creditor, the Obligor and the Guarantor with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between such parties with respect thereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, expressed, implied or statutory, between such parties other than as expressly set forth in this Guarantee.  No failure on the part of the Creditor to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude the other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. If any provision of this Guarantee is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect. The rights of the Creditor under this Guarantee may be assigned by the Creditor without the prior consent of the Obligor or the Guarantor. The Guarantor may not assign its obligations under this Guarantee. This Guarantee shall be governed by and construed in accordance with the laws of the State of       and the laws of the United States of America applicable therein.
 
IN WITNESS WHEREOF the Guarantor has executed this Guarantee as of the date first above mentioned.
 
 
 
 
 
 
Witness
 
     
 
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