New Mexico 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

Principal Obligation means any obligation to pay an amount to the Lenders, Hedging Counterparties or Lender Affiliates, or any one or more of them, whether present or future under or in connection with any Loan Document, Hedging Agreement or other instrument referred to in the definition of Guaranteed Obligations.

In some circumstances, a personal guaranty will be secured by specific assets. A secured guaranty is collateralized by something of value owned by the business owner, which the lender then has the right to assume or sell in satisfaction of the outstanding debt.

(1) Subject to Agency concurrence, the lender may assign all or part of the guaranteed portion of the loan to one or more holders at or after loan closing, if the loan is not in default.

In a finance or lending context, a guarantor would be forced to answer for the debt or default of the debtor to the creditor, if a debtor does not fulfill an obligation on their part to repay their debt.

The Guarantor may not assign, transfer or part with any of its rights or obligations under this Guarantee and Indemnity or any of the Relevant Lease Documents without the prior written consent of the Lessor.

The benefit of guarantees can be assigned to a third party.

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New Mexico Assignment of Principal Obligation and Guaranty