Indiana Guarantor Waiver Which Avoids Release of Guarantor by Reason of the Tenant Discharge Release or Bankruptcy

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Multi-State
Control #:
US-OL4A024BB
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Description

This office lease guaranty states that the guarantor's obligations under this guaranty shall be unaffected by any discharge or release of the tenant, its successors or assigns, or any of their debts, in connection with any bankruptcy, reorganization, or other insolvency proceeding or assignment for the benefit of creditors.

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FAQ

A person who owes a primary obligation to another person. In a finance transaction, the primary obligor is usually the borrower.

Obligors means the Borrower and the Guarantors. Guarantor means the Person named as the ?Guarantor? in the first paragraph of this instrument until a successor Person shall have become such pursuant to the applicable provisions of this Indenture, and thereafter ?Guarantor? shall mean such successor Person.

The guarantor waives all rights and defenses that the guarantor may have because the debtor's debt is secured by real property. This means, among other things: (1) The creditor may collect from the guarantor without first foreclosing on any real or personal property collateral pledged by the debtor.

A guaranty agreement is a contract between two parties where one party agrees to pay a debt or perform a duty in the event that the original party fails to do so. The party who makes the guaranty is called the guarantor. An agreement of this nature is often used in real estate, insurance, or financial transactions.

Primary Obligations This Guaranty is a primary and original obligation of each Guarantor, is not merely the creation of a surety relationship, and is an absolute, unconditional, and continuing guaranty of payment and performance which shall remain in full force and effect without respect to future changes in conditions ...

A surety may include a person who offers security for the payment of a debt or the performance of an obligation. The surety's liability is secondary to the primary obligation of the primary obligor. A guarantor is an example of a surety.

An agreement by which a party (the guarantor) assumes the responsibility for the payment or performance of an obligation or action of another person (the primary obligor) if that other person defaults. A guarantee creates a secondary obligation to support the primary obligor's primary obligation to a third party.

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Indiana Guarantor Waiver Which Avoids Release of Guarantor by Reason of the Tenant Discharge Release or Bankruptcy