Michigan Assignment of Principal Obligation and Guaranty

State:
Multi-State
Control #:
US-1089BG
Format:
Word; 
Rich Text
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).

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FAQ

Guarantees are often embedded in purchase or sales agreements, service contracts, joint venture agreements, or other commercial arrangements. A joint and several liability is an obligation of several parties that is enforceable, for the full amount of the obligation, against any one of the parties.

The person who gives the guarantee is called the "surety"; the person in respect of whose default the guarantee is given is called the "principal debtor", and the person to whom the guarantee is given is called the "creditor". A guarantee may be either oral or written.

Principal Guaranty means the portion of the principal balance of the Loan being guaranteed by the Guarantor. Principal Guaranty means that certain Unconditional Guaranty of Payment and Performance executed by Guarantor for the benefit of Administrative Agent concurrently herewith, as the same may be Modified.

A commercial guarantee is a promise to ensure that a third party either: (i) fulfils its obligations; and/or (ii) a promise to fulfil those obligations should the third party fail. It is a contractual commitment that creates a secondary obligation to support a primary obligation such as repayment of a loan.

Obligor Guarantee means the unlimited multi-party guarantee dated as of the date hereof and delivered by each of the Obligors in favour of the Administrative Agent with respect to the debts, liabilities and obligations of each other Obligor under the Loan Documents, as amended, supplemented, restated or replaced from ...

A contract under which a surety (the guarantor) promises to be responsible for the performance of an obligation owed by a principal obligor to a third party if the principal obligor fails to perform the obligation.

Guarantor or Surety - The person who promises to take responsibility for another persons performance or obligation in case of default. Principal debtor or obligor -The person whose performance to an obligation or undertaking has been secured by a surety or guarantor.

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Michigan Assignment of Principal Obligation and Guaranty