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Unlimited Guaranty

This Unlimited Guaranty template is used when an individual or entity (the Guarantor) agrees to be responsible for the financial obligations of another party (the Debtor) to a third party (the Creditor), without any limit on the amount of the guarantee. It is suitable for situations where a broad and encompassing financial assurance is required.

Updated 16d ago
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{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Unlimited Guaranty

Unlimited Guaranty

RECITALS

WHEREAS, {{debtor_name}} (hereinafter “Debtor”), located at {{debtor_address}}, has entered or intends to enter into certain agreements or incur certain indebtedness with {{creditor_name}} (hereinafter “Creditor”), located at {{creditor_address}}, hereinafter collectively referred to as the “Obligations.”

WHEREAS, {{guarantor_name}} (hereinafter “Guarantor”), located at {{guarantor_address}}, has a vested interest in the Debtor’s ability to obtain and maintain such Obligations and is willing to guarantee the performance and payment of all such Obligations of the Debtor to the Creditor.

UNCONDITIONAL AND UNLIMITED GUARANTY

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Guarantor hereby unconditionally and irrevocably guarantees to the Creditor the prompt and full payment and performance of all present and future Obligations of the Debtor to the Creditor, irrespective of the nature or form of such Obligations, the amount thereof, or any changes thereto. This Guaranty shall be unlimited in amount and shall cover all principal, interest, fees, expenses, indemnities, and any other sums now or hereafter owing by the Debtor to the Creditor under any agreement or arrangement whatsoever.

CONTINUING GUARANTY

This Guaranty is a continuing guaranty and shall remain in full force and effect until all Obligations of the Debtor to the Creditor, howsoever arising, have been fully and finally paid, performed, and discharged, and all commitments to extend credit or make advances to the Debtor have been terminated. The Guarantor specifically waives any right to revoke this Guaranty as to any future Obligations or advances.

WAIVERS

The Guarantor hereby irrevocably waives, to the fullest extent permitted by law, any and all notices, demands, presentments, protests, and any other formalities that may be required by law for the enforceability of this Guaranty. The Guarantor further waives any requirement that the Creditor exhaust its remedies against the Debtor or any other guarantor or collateral before proceeding against the Guarantor.

SUBORDINATION

Any indebtedness of the Debtor to the Guarantor, whether now existing or hereafter incurred, is hereby subordinated in right of payment to the prior payment in full of all Obligations of the Debtor to the Creditor. The Guarantor agrees not to receive or collect any payment on account of any such indebtedness until all Obligations have been paid in full.

GOVERNING LAW AND JURISDICTION

This Guaranty shall be governed by and construed in accordance with the laws of {{governing_country_name}}, without regard to its conflict of laws principles. Any legal action or proceeding arising under this Guaranty shall be brought exclusively in the courts located in {{governing_city_name}}, {{governing_country_name}}.

ASSIGNMENT

This Guaranty shall be binding upon the Guarantor and its successors and assigns and shall inure to the benefit of the Creditor and its successors and assigns.

SEVERABILITY

If any provision of this Guaranty is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other provision of this Guaranty, and the remaining provisions shall remain in full force and effect.

ENTIRE AGREEMENT

This Guaranty constitutes the entire agreement between the Guarantor and the Creditor with respect to the subject matter hereof and supersedes all prior agreements and understandings, both written and oral, between the parties.

SIGNATURE BLOCK

IN WITNESS WHEREOF, the Guarantor has executed this Unlimited Guaranty on this {{day}} day of {{month}}, {{year}}.

GUARANTOR:

___________________________

{{guarantor_name}}

WITNESSES:

1. ___________________________

Name: {{witness_name_1}}

Address: {{witness_address_1}}

2. ___________________________

Name: {{witness_name_2}}

Address: {{witness_address_2}}

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