District of Columbia Continuing and Unconditional Guaranty of Business Indebtedness Including an Indemnity Agreement

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US-01119BG
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A guaranty is an undertaking on the part of one person (the guarantor) which binds the guarantor to performing the obligation of the debtor or obligor in the event of default by the debtor or obligor. The contract of guaranty may be absolute or it may be conditional. An absolute or unconditional guaranty is a contract by which the guarantor has promised that if the debtor does not perform the obligation or obligations, the guarantor will perform some act (such as the payment of money) to or for the benefit of the creditor.


A guaranty may be either continuing or restricted. The contract is restricted if it is limited to the guaranty of a single transaction or to a limited number of specific transactions and is not effective as to transactions other than those guaranteed. The contract is continuing if it contemplates a future course of dealing during an indefinite period, or if it is intended to cover a series of transactions or a succession of credits, or if its purpose is to give to the principal debtor a standing credit to be used by him or her from time to time.

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FAQ

Guaranty Agreement a two-party contract in which the first party agrees to perform in the event that a second party fails to perform. Unlike a surety, a guarantor is only required to perform after the obligee has made every reasonable and legal effort to force the principal's performance.

Guaranty Agreement a two-party contract in which the first party agrees to perform in the event that a second party fails to perform. Unlike a surety, a guarantor is only required to perform after the obligee has made every reasonable and legal effort to force the principal's performance.

Guarantor unconditionally guarantees payment to Lender of all amounts owing under the Note. This Guarantee remains in effect until the Note is paid in full. Guarantor must pay all amounts due under the Note when Lender makes written demand upon Guarantor.

A suretyship is an undertaking that the debt shall be paid; a guaranty, an undertaking that the debtor shall pay.

A surety's undertaking is an original one, by which he becomes primarily liable with the principle debtor, while a guarantor is not a party to the principal obligation and bears only a secondary liability.2 Stated somewhat differently, the distinction between a suretyship and guaranty is that a surety is in the first

A continuing guaranty is an agreement by the guarantor to be liable for the obligations of someone else to the lender, even if there are several different obligations that are made, renewed or repaid over time. In contrast, a specific guaranty is limited only to one individual transaction.

The surety is the guarantee of the debts of one party by another. A surety is an organization or person that assumes the responsibility of paying the debt in case the debtor policy defaults or is unable to make the payments. The party that guarantees the debt is referred to as the surety, or as the guarantor.

Bank guarantees are unconditional and irrevocable bank guarantees. Therefore, irrespective of the dispute between the parties, when the bank guaranteesirrevocable" bank guarantees is invoked, the bank is bound to pay the amount covered under the said bank guarantee without.

Guarantees and sureties are two instruments that parties use to offer each other more security and comfort. Although they are often used interchangeably, the obligations of the principal, the beneficiary and the guarantor are very different.

The essence of a continuing guarantee is that it covers a series of transactions and each transaction is a separate transaction which creates a liability on the surety till it is repaid. The liability of the surety changes with every further advance by the creditor to the debtor.

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District of Columbia Continuing and Unconditional Guaranty of Business Indebtedness Including an Indemnity Agreement