Hillsborough Florida Joint and Several Guaranty of Performance and Obligations

State:
Multi-State
County:
Hillsborough
Control #:
US-OL4A024C
Format:
Word; 
PDF
Instant download

Description

This office lease form is a guranty that absolutely, unconditionally and irrevocably guarantees the landlord the full and prompt performance and observance of all of the tenant's obligations under the lease, including, and without limitation, the full and prompt payment of all rent and additional rent payable by the tenant under the lease and tenant's indemnity obligations benefiting the landlord under the lease.

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  • Preview Joint and Several Guaranty of Performance and Obligations
  • Preview Joint and Several Guaranty of Performance and Obligations
  • Preview Joint and Several Guaranty of Performance and Obligations
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FAQ

This means that the guarantor is only under an obligation to pay, if the borrower breaches its obligation. A conditional payment guarantee is a secondary obligation that is dependent on the primary agreement between the borrower and lender, and is therefore a guarantee (not an indemnity).

If any payment to the Guaranteed Party in respect of the Obligations is rescinded or must otherwise be returned for any reason whatsoever, each Guarantor shall remain jointly and severally liable hereunder with respect to such Obligations as if such payment had not been made.

A limited personal guarantee basically means that if you default on your loan, you share the burden of repayment amongst any shareholder that has a 20 percent stake, or more, in your company. There are, however, two different types of limited guarantees: a several guarantee, and a joint and several guarantee.

In law, joint and several liability makes all parties in a suit responsible for damages up to the entire amount awarded. That is, if one party is unable to pay, the others named must pay more than their share.

Noun. law. a legal guarantee undertaken by multiple people in which any one guarantor can be held fully responsible for repaying the whole of the debt despite each guarantor only being partially responsible for that debt.

With a several guaranty, each guarantor is agreeing to be liable to the lender for up to $500,000 irrespective of what the other guarantor has repaid. In our example, several guaranties from the guarantors would provide for full coverage of the $1,000,000 loan.

A person who acts as a guarantor under a GUARANTEE. GUARANTY, contracts. A promise made upon a good consideration, to answer for the payment of some debt, or the performance of some duty, in case of the failure of another person, who is, in the first instance, liable to such payment or performance.

Most guarantees in today's market are drafted as joint and several guarantees, meaning that each guarantor is both jointly liable (as a member of the group) and individually liable (on its own separately), to the lender for the repayment in full of a borrower's indebtedness.

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Hillsborough Florida Joint and Several Guaranty of Performance and Obligations