Arizona Assignment of Principal Obligation and Guaranty

State:
Multi-State
Control #:
US-1089BG
Format:
Word; 
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Instant download

Description

A guaranty is a contract under which one person agrees to pay a debt or perform a duty if the other person who is bound to pay the debt or perform the duty fails to do so. Usually, the party receiving the guaranty will first try to collect or obtain performance from the debtor before trying to collect from the one making the guaranty (guarantor).

Arizona Assignment of Principal Obligation and Guaranty is a legal document that outlines the transfer of a principal obligation and the associated guarantee from one party to another in the state of Arizona. This specialized agreement protects the rights and interests of all parties participating in a transaction where a principal obligation and guarantee are involved. The assignment is a process by which the existing obligations and guarantee are formally transferred to another party, known as the assignee, who accepts the responsibilities and benefits of the original agreement. This assignment can occur for various reasons, such as a sale of assets, change in business structure, or assignment of debt. The Arizona Assignment of Principal Obligation and Guaranty typically includes the following key elements: 1. Parties Involved: This section identifies the original obliged (debtor), the assignee, and the guarantor(s) involved in the assignment. Each party's legal name and contact information are explicitly stated to ensure accurate identification. 2. Description of the Obligation: This section provides a detailed description of the principal obligation being assigned. It typically includes information such as the nature of the debt or financial obligation, the initial agreement's date, and any relevant account numbers or references. 3. Transfer of Rights and Benefits: This section outlines the transfer of rights and benefits from the original obliged to the assignee. It includes a clear statement of the assignor's intent to transfer all obligations and associated rights like payments, security interests, and warranties. 4. Guarantor's Consent: If there is a guarantor involved, their consent to the assignment is explicitly obtained. This ensures that the guarantor remains liable in the new arrangement and that their obligation is unaffected by the assignment. 5. Representations and Warranties: Parties involved often provide representations and warranties to establish the accuracy of the assigned obligation and guarantee. These statements ensure that there are no undisclosed liabilities or encumbrances associated with the assignment. 6. Governing Law: The agreement specifies that it is governed by the laws of the state of Arizona. This choice of law provision clarifies the jurisdiction and legal framework under which disputes and concerns will be addressed. Different types of Arizona Assignment of Principal Obligation and Guaranty can exist based on the specific context and purpose of the assignment. Some common variations include Assignments of Loan Obligation and Guaranty, Assignments of Lease Obligation and Guaranty, and Assignments of Purchase Obligation and Guaranty. Each of these types reflects the unique nature of the obligation being assigned and the associated guarantee. In conclusion, an Arizona Assignment of Principal Obligation and Guaranty is a crucial legal document that facilitates the transfer of a principal obligation and the associated guarantee from one party to another. This agreement ensures that all rights, responsibilities, and benefits are properly conveyed in compliance with the applicable laws of Arizona.

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FAQ

The Guarantor guarantees to the Lender full and prompt collection of all monies payable by Company to Lender under the Transaction Documents (the ?Guaranteed Obligations?).

Definition. The form of payment guarantee controls how the payment of a sales document item is guaranteed. In Risk Management for Receivables you can use both credit management as well as the following forms of payment guarantee: Financial documentary payments (for example, letters of credits or documentary collection) ...

Payment guarantee - What is a payment guarantee? A payment guarantee provides the beneficiary with financial security should the applicant fail to make payment for the goods or services supplied.

Put another way, a guaranty of collection requires that the debtor must exhaust certain remedies against the debtor before proceeding against the guarantor, while a guaranty of payment means that the lender can proceed directly against the guarantor even if the debtor is solvent and otherwise able to pay.

Guaranty of payment and not of collection. A statement to this effect allows the lender to go after the guarantor immediately upon default by the borrower, without having to first seek collection from the borrower.

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Usually, the party receiving the guaranty will first try to collect or obtain performance from the debtor before trying to collect from the one making the ... A guaranty is a legally binding commitment to cover the obligation in case the assignee fails to fulfill it. 3. Assignor: The original party who holds the ...This is a guaranty of payment and not of collection and Guarantor shall be a primary obligor of the Guaranteed Obligations. Upon the Guaranteed Obligations ... This Guaranty may be enforced by Lender and any subsequent holder of the Note and shall not be discharged by the assignment, sale, pledge, transfer, ... This GUARANTY OF NON-RECOURSE OBLIGATIONS (this “Guaranty”), dated as of. , is executed by the undersigned (“Guarantor”), to and for the benefit of. (“Lender”). The obligations of Guarantor (and each party named as a Guarantor in this Guaranty) and any Other Guarantor will be joint and several. Lender, in its sole ... The obligations of Guarantor under this Guaranty must be performed without demand by Lender and will be unconditional regardless of the genuineness, validity, ... by BD Hulse · 2016 · Cited by 1 — Specifically, it explores in detail guarantors' and other secondary obligors' rights after they make payment under the guaranty or other secondary obligation ... Any adjustment amounts. Payments made to current, arrears, or fees. Debt Principal. A sum of money owed for any unpaid past obligations. This debt amount ... by BE Greer · Cited by 3 — provides that a guarantor under a guaranty of collection is required to perform its obligation under the guaranty if, among other things, the principal obligor ...

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Arizona Assignment of Principal Obligation and Guaranty