Fill and Sign the Promissory Note Borrower Form

© 2016 - U.S. Legal Forms, Inc.       GUARANTY OF PROMISSORY NOTE BY CORPORATION – CORPORATE BORROWER Control Number: US-00527C I. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. II. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. All information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GUARANTY (NOTE) IN CONSIDERATION of and in order to induce             (the “Payees”) to enter into those certain Promissory Note(s), copies of which are attached hereto and made a part hereof for all purposes, (the "Notes"), of even date herewith executed by and between       , a       corporation (the "Borrower"), and       (the "Payees"), the undersigned (the " Guarantor ") hereby: 1. Unconditionally and absolutely guarantees to Payees, jointly and severally, the full and prompt payment and performance by the Borrower of all of its obligations under and pursuant to the Promissory Notes, together with the full and prompt payment of any and all costs and expenses of and incidental to the enforcement of this Guaranty, including, without limitation, reasonable attorneys' fees. 2. Waives (i) presentment, demand, notice of nonpayment, protest and notice of protest and dishonor on the Notes; (ii) notice of acceptance of this Guaranty by Payees; and (iii) notice of the creation or incurrence of the Notes by the Borrower. 3. Agrees that Payees, jointly or severally, may from time to time, without notice to Guarantor, which notice is hereby waived by Guarantor, extend, waive, renew or compromise the Notes, in whole or in part, without releasing, extinguishing or affecting in any manner whatsoever the liability of Guarantor hereunder, the foregoing acts being hereby consented to by Guarantor. 4. Agrees that this Guaranty shall remain in full force and effect and be binding upon Guarantor until the Notes are paid and performed in full. 5. Agrees that so long as any portion of the Notes is due and owing or to become due and owing by the Borrower to Payees, the Guarantor shall not, without the prior written consent of Payees, collect or seek to collect from the Borrower the claim, if any, by subrogation or otherwise, acquired by the Guarantor or through payment of any part or all of the Notes. Guaranty – Note Page 1 of 3 6. Agrees that the possession of this instrument of guaranty by Payees shall be conclusive evidence of due execution and delivery hereof by Guarantor. 7. Agrees that this Guaranty shall be binding upon the legal representatives, successors and assigns of Guarantor, and shall inure to the benefit of Payees and their successors, assigns and legal representatives. 8. Agrees that Guarantor may be joined in any action or proceeding commenced against the Borrower in connection with or based upon the Notes and recovery may be had against Guarantor in any such action or proceeding or in any independent action or proceeding against Guarantor should the Borrower fail to duly and punctually pay and perform any of the obligations of the Notes without any requirement that Payees first assert, prosecute or exhaust any remedy or claim against the Borrower. 9. Agrees that this Guaranty shall be deemed a contract made under and pursuant to the laws of the State of       and shall be governed by and construed under the laws of such state; and that, wherever possible, each provision of this Guaranty shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Guaranty shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of the Guaranty. 10. Agrees that no failure on the part of Payees to exercise, and no delay in exercising, any right or remedy hereunder shall operate as or constitute a waiver thereof; nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by any related document or by law. 11. The Guarantor agrees that (i) the Guarantor will indirectly benefit by and from the Borrower entering into the Notes by virtue of the fact that the Promissory is a related company of the Guarantor; (ii) the Guarantor has received legal and adequate consideration for the execution of this Guaranty and has executed and delivered this Guaranty to Payees in good faith in exchange for reasonably equivalent value; (iii) the Guarantor is not presently insolvent and will not be rendered insolvent by virtue of the execution and delivery of this Guaranty; (iv) the Guarantor has not executed or delivered this Guaranty with actual intent to hinder, delay or Guaranty – Note Page 2 of 3 defraud the Guarantor's creditors; and (v) that Payees have entered into the Notes in reliance upon this Guaranty. IN WITNESS WHEREOF , said Corporation has caused this certificate to be signed by an authorized officer, the ______ day of __________________ A.D., __________________ .       Corporation Name Attest: Secretary By: Authorized Officer Name:       Print or Type Title:       Guaranty – Note Page 3 of 3