New York Authority of Signatory to Bind the Guarantor

State:
Multi-State
Control #:
US-OL4A024BA
Format:
Word; 
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Description

This office lease form states that a guaranty in which a corporate guarantor has the authority of the signatory to bind a corporation. This guaranty gives the guarantor full power, authority and legal right to execute and deliver this guaranty and that this guaranty constitutes the valid and binding obligation of the guarantor.

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FAQ

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.

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

Apparent authority is the power of an agent to act on behalf of a principal, even though not expressly or impliedly granted. This power arises only if a third party reasonably infers, from the principal's conduct, that the principal granted such power to the agent.

A binding authority is an agreement in which an insurer gives full authority to an agent (typically an insurance broker) to act on their behalf for the purpose of underwriting. Once the agent has binding authority, they are legally allowed to sell policies on the insurer's behalf.

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.

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.

Implied authority refers to an agent with the jurisdiction to perform acts that are reasonably necessary to accomplish the purpose of an organization. Under contract law, implied authority figures have the ability to make a legally binding contract on behalf of another person or company.

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 ...

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New York Authority of Signatory to Bind the Guarantor