Letterhead
{{company_name}}
{{company_address}}
Phone: {{phone}}
Email: {{email}}
Website: {{website}}
UNLIMITED GUARANTY
THIS UNLIMITED GUARANTY (the "Guaranty") is made and entered into this {{date}} day of {{month}}, {{year}}, by and between:
{{guarantor_name}} (hereinafter referred to as the "Guarantor"), a {{guarantor_type}} organised under the laws of {{guarantor_jurisdiction}}, with its principal place of business at {{guarantor_address}}.
AND
{{lender_name}} (hereinafter referred to as the "Lender"), a {{lender_type}} organised under the laws of {{lender_jurisdiction}}, with its principal place of business at {{lender_address}}.
WHEREAS, {{debtor_name}} (hereinafter referred to as the "Debtor"), a {{debtor_type}} organised under the laws of {{debtor_jurisdiction}}, with its principal place of business at {{debtor_address}}, is or may hereafter become indebted to the Lender for various financial accommodations, including but not limited to loans, advances, and other credit facilities (collectively, the "Obligations");
WHEREAS, the Lender is unwilling to extend or continue to extend such financial accommodations to the Debtor without the unconditional and unlimited guaranty of the Guarantor;
GUARANTY
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Guarantor unconditionally and irrevocably guarantees to the Lender the full and prompt payment and performance when due, whether by acceleration or otherwise, of all Obligations of the Debtor to the Lender, both present and future, howsoever created, arising or evidenced, whether direct or indirect, absolute or contingent, liquidated or unliquidated, whether or not from time to time reduced or extinguished and thereafter increased or reinstated, and whether the Debtor may be liable alone or jointly with others, and whether as principal or surety. This Guaranty is an unlimited guaranty of all present and future indebtedness, liabilities, and obligations of the Debtor to the Lender.
CONTINUING GUARANTY
This Guaranty is a continuing guaranty and shall remain in full force and effect until all Obligations of the Debtor to the Lender have been paid in full and satisfied, and all commitments of the Lender to extend financial accommodations to the Debtor have been terminated.
WAIVERS
The Guarantor waives diligence, presentment, demand, protest, notice of dishonour, notice of acceptance of this Guaranty, notice of new or additional indebtedness, and all other notices or demands of every kind. The Guarantor specifically waives any right to require the Lender to proceed against the Debtor or any other guarantor, or to pursue any other remedy in the Lender’s power whatsoever, including, without limitation, any right to exhaust any collateral security for the Obligations, before proceeding against the Guarantor.
SUBROGATION
The Guarantor shall not exercise any right of subrogation, contribution, indemnification, or reimbursement against the Debtor or any other guarantor, or against any collateral security for the Obligations, until all Obligations of the Debtor to the Lender have been paid in full.
GOVERNING LAW AND JURISDICTION
This Guaranty shall be governed by and construed in accordance with the laws of {{applicable_country_law}}. Any legal action or proceeding arising out of or relating to this Guaranty shall be instituted in the courts of {{applicable_country_jurisdiction}}, and the parties hereby irrevocably submit to the exclusive jurisdiction of such courts.
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 Lender with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the parties.
AMENDMENTS
No amendment, modification, or waiver of any provision of this Guaranty shall be effective unless in writing and signed by both the Guarantor and the Lender.
SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Unlimited Guaranty as of the date first written above.
_____________________________
Guarantor: {{guarantor_name}}
Title: {{guarantor_title}}
_____________________________
Lender: {{lender_name}}
Title: {{lender_title}}
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