Virginia Release from Liability under Guaranty

State:
Multi-State
Control #:
US-1087BG
Format:
Word; 
Rich Text
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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

Also known as a guaranty of recourse obligations or nonrecourse carveout guaranty. A typical loan document in a real estate loan. It is often signed and delivered by the borrower or the borrower's guarantor, or both.

Pledge TypesActive Pledge. Active pledge is defined as a pledge that is active, regardless if it has a payment schedule or not.Annual Fund Pledge.Conditional Pledge.Open Pledge.Pledge Intention.Straight Pledge.Will Commitment.

Recourse Guaranty means any general recourse guarantee by the Borrower or any Subsidiary of Indebtedness pursuant to a Receivables Securitization, which guarantee is either unsecured or secured solely by a pledge of the Equity Interests of the Securitization Entity that is a party to such Receivables Securitization.

Guaranty Obligation means, as applied to any Person, any direct or indirect liability, contingent or otherwise, of such Person for any Indebtedness, lease, dividend or other obligation (the primary obligation) of another Person (the primary obligor), if the purpose or intent of such Person in incurring such

A recourse is a legal agreement that gives the lender the right to pledged collateral if the borrower is unable to satisfy the debt obligation. Recourse refers to the lender's legal right to collect.

An extension granted to the debtor by the creditor without the consent of the guarantor extinguishes the guaranty.

As nouns the difference between pledge and guaranty is that pledge is a solemn promise to do something while guaranty is (legal) an undertaking to answer for the payment of some debt, or the performance of some contract or duty, of another, in case of the failure of such other to pay or perform; a warranty; a security.

A reaffirmation of guaranty from a guarantor of the tenant's obligations under a lease can be as simple as a few sentences appended to the end of the lease amendment, whereby the guarantor certifies that it consents to the terms and conditions of the amendment, and affirms that its obligations under the guaranty remain

The Recourse Carve-Out Guaranty.This guaranty is similar to guaranties of specific obligations and is often referred to colloquially as a bad-boy guaranty because its function is to guarantee that the sponsors won't commit any bad acts but absolves them of liability for defaults that occur outside their control.

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.

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Virginia Release from Liability under Guaranty