Salt Lake Utah Continuing and Unconditional Guaranty of Business Indebtedness Including an Indemnity Agreement

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Multi-State
County:
Salt Lake
Control #:
US-01119BG
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Description

A guaranty is an undertaking on the part of one person (the guarantor) which binds the guarantor to performing the obligation of the debtor or obligor in the event of default by the debtor or obligor. The contract of guaranty may be absolute or it may be conditional. An absolute or unconditional guaranty is a contract by which the guarantor has promised that if the debtor does not perform the obligation or obligations, the guarantor will perform some act (such as the payment of money) to or for the benefit of the creditor.


A guaranty may be either continuing or restricted. The contract is restricted if it is limited to the guaranty of a single transaction or to a limited number of specific transactions and is not effective as to transactions other than those guaranteed. The contract is continuing if it contemplates a future course of dealing during an indefinite period, or if it is intended to cover a series of transactions or a succession of credits, or if its purpose is to give to the principal debtor a standing credit to be used by him or her from time to time.

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FAQ

An unlimited guarantee also known as an unconditional guarantee means guarantors are required to pay all amounts due until the note is paid in full.

A continuing guarantee may at any time be revoked by the surety, as to future transactions, by notice to the creditor. Illustrations. (a) A, in consideration of B's discounting, at As request, bills of exchange for C, guarantees to B, for twelve months, the due payment of all such bills to the extent of 5,000 rupees.

Types of Guarantees Bid/Tender Guarantee. Issued in support of an exporter's bid to supply goods or services and, if successful, ensures compensation in the event that the contract is not signed. Performance Guarantee.Advance Payment Guarantee.Warranty Guarantee.Retention Guarantee.

A Guarantee is irrevocable, meaning that once issued it cannot be amended nor cancelled during its validity period without the consent of the parties, i.e. the Guarantor and/or the Beneficiary.

As per Section 129 of the Indian Contract Act, 1972, a Guarantee that extends to a series and multitudes of transactions is known as a Continuing Guarantee in a contract. These guarantees have a set time limit and time frame or are for a fixed duration, maybe one month, one year, etc.

A guaranty of the payment of an obligation, without words of limitation or condition, is construed as an absolute or unconditional guaranty.

Specific Guarantee: A specific guarantee is for a single debt or any specified transaction. It comes to an end when such debt has been paid. Continuing Guarantee: A continuing guarantee is a type of guarantee which applies to a series of transactions.

Lenders often insert continuing and unconditional guaranty language. This type of guaranty renders a guarantor liable for all past, present and future obligations of the business. The exposure is almost unlimited. The business may incur a mountain of debt and in the event of default the guarantor is ultimately liable.

A conditional guaranty is one which is not enforceable immediately upon the default of the principal debtor, but some contingency must happen, or the guarantee must take some steps, to fix the liability under the guaranty.

This is an irrevocable, unconditional joint and several and continuing guaranty of the Indebtedness, and the liability of each Guarantor hereunder is absolute.

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Salt Lake Utah Continuing and Unconditional Guaranty of Business Indebtedness Including an Indemnity Agreement