Guaranty Agreement

# Guaranty Agreement This Guaranty Agreement ("Guaranty") is entered into as of ___________ by: **Guarantor:** ___________, a ___________ residing or located at ___________ ("Guarantor"); and **Lender:** ___________, with a principal address at ___________ ("Lender"). --- ## 1. Recitals 1.1 Lender has made or agreed to make a loan or extend credit to ___________ ("Borrower") in the principal amount of ___________ pursuant to that certain ___________ dated ___________ (the "Loan Documents"). 1.2 As a condition to making or maintaining such loan or credit, Lender requires Guarantor to execute and deliver this Guaranty. 1.3 Guarantor has a direct financial interest in Borrower or will otherwise directly benefit from the loan, and Guarantor desires to execute this Guaranty to induce Lender to make or maintain the loan. --- ## 2. Guaranty of Payment and Performance 2.1 **Unconditional Guaranty.** Guarantor hereby unconditionally, absolutely, irrevocably, and continuously guarantees to Lender the full and punctual payment and performance of all obligations of Borrower to Lender now existing or hereafter arising under or in connection with the Loan Documents, including all principal, interest, fees, costs, penalties, and other charges (collectively, the "Guaranteed Obligations"). 2.2 **Guaranty of Payment, Not Collection.** This is a guaranty of payment and performance, not merely of collection. Lender may proceed directly against Guarantor without first proceeding against Borrower, any other guarantor, or any collateral. 2.3 **Scope.** The Guaranteed Obligations covered by this Guaranty include all amounts owed by Borrower to Lender under the Loan Documents, as they may be modified, extended, renewed, or restated from time to time, without the consent of or notice to Guarantor. 2.4 **Maximum Liability.** ___________ ___________ (exclusive of interest and costs of collection). --- ## 3. Guaranty Absolute and Unconditional 3.1 The liability of Guarantor under this Guaranty shall be absolute and unconditional regardless of: (a) Any modification, extension, renewal, compromise, or release of any Guaranteed Obligation or the Loan Documents; (b) Any release or discharge of Borrower or any other guarantor in any bankruptcy, insolvency, reorganization, or similar proceeding;