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Guaranty
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Guaranty Template
This Guaranty (“Agreement”) is entered into on [Date], by and between:
Creditor:
Name: __________________________
Address: __________________________
Email: __________________________
Phone: __________________________
Guarantor:
Name: __________________________
Address: __________________________
Email: __________________________
Phone: __________________________
Collectively referred to as the “Parties.”
1. Guaranty of Obligations
The Guarantor irrevocably and unconditionally guarantees the full and prompt payment and performance of all obligations owed by [Debtor Name] (“Debtor”) to the Creditor, arising under the following agreement:
[Describe underlying agreement, e.g., loan, lease, or service contract]
2. Nature of Guaranty
This is a [☐ Limited / ☐ Unlimited] Guaranty.
If Limited, the Guarantor’s maximum liability shall not exceed $[Amount].
If Unlimited, the Guarantor shall be liable for the full amount of the Debtor’s obligations, including principal, interest, fees, and related costs.
3. Continuing Obligation
The Guaranty shall remain in effect until all obligations of the Debtor have been fully paid and performed, and shall not be affected by any renewal, extension, or modification of the underlying agreement.
4. Waiver of Defenses
The Guarantor waives:
Any right to require the Creditor to first proceed against the Debtor or collateral.
Notice of acceptance, demand for payment, and protest.
Any defenses arising from the Debtor’s insolvency, bankruptcy, or inability to pay.
5. Default
Upon the Debtor’s default, the Creditor may demand immediate payment or performance from the Guarantor without prior notice to the Debtor.
6. Subrogation
After fulfilling their obligations, the Guarantor shall be subrogated to the rights of the Creditor against the Debtor, including the right to collect payments from the Debtor.
7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [State/Country].
8. Notices
All notices shall be sent in writing to the addresses listed above, either by certified mail or electronic delivery with proof of receipt.
9. Entire Agreement
This Agreement represents the entire understanding between the Parties and supersedes all prior agreements or representations.
Signatures
Creditor Signature: ____________________________ Date: _________
Printed Name & Title: _________________________________________
Guarantor Signature: ____________________________ Date: _________
Printed Name: _________________________________________
Details
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Guaranty
GUARANTY FAQ
What is a Guaranty?
A Guaranty is a legal contract where one party, called the guarantor, agrees to take responsibility for another party's debt or performance obligations if that party fails to fulfill them. It provides lenders or creditors with additional security.
Why is a Guaranty important?
It minimizes the risk of loss for lenders or service providers by ensuring someone else is legally obligated to step in and cover the debt or fulfill the agreement if the original party defaults.
When should you use a Guaranty?
Use a Guaranty in situations such as business loans, commercial leases, equipment financing, or service agreements where a creditor requires added assurance of payment or performance.
What are the types of Guaranty?
Limited Guaranty: The guarantor is only liable for a specific amount or duration.
Unlimited Guaranty: The guarantor is responsible for the entire obligation.
Conditional Guaranty: The guarantor’s obligation is triggered only under certain conditions.
What should a Guaranty include?
Key elements include the names of the guarantor and creditor, a description of the underlying obligation, the extent of the guarantor’s liability, default terms, and governing law.
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