Grouped Into 7 Collections of Similar Clauses From Business Contracts
This page contains Guaranties clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Guaranties. Each of the Guarantors is legally obligated under an unlimited guaranty dated January 13, 2014, or September 3, 2015, executed by each of the respective Guarantors in favor of Lender in connection with the Loans to Borrower (each a "Guaranty", and collectively the "Guaranties").
Guaranties. Each of the Guarantors is legally obligated under an unlimited guaranty a Fourth Restated Limited Guaranties dated January 13, 2014, or September 3, 2015, executed by each of the respective Guarantors in favor of Lender in connection with the Loans to Borrower (each a "Guaranty", and collectively the "Guaranties").
Guaranties. In connection with (i) that certain ISDA Master Agreement, dated as of the date hereof and Schedule thereto and Credit Support Annex thereto, by and between Summer Energy Northeast, LLC, a Texas limited liability company and a wholly-owned subsidiary of the Guarantor ("Summer NE"), Summer Energy, LLC, a Texas limited liability company and a wholly-owned subsidiary of the Guarantor ("Summer" and, together with Summer NE, each an "Obligor" and, together, the "Obligors"), and the Counterparty (the ..."ISDA Agreement"), and (ii) that certain Energy Services Agreement, dated as of the date hereof, by and among Counterparty and Obligors (the "ESA"), the Guarantor hereby unconditionally and irrevocably guaranties to the Counterparty, its successors and assigns the prompt payment when due, subject to any applicable grace period under each of the ISDA Agreement and the ESA, of all present and future obligations and liabilities of all kinds of each Obligor to the Counterparty arising out of each of the ISDA Agreement, the ESA, any Credit Support Document (as defined in the ISDA) and any and all other agreements, instruments, and documents described or referenced therein or delivered in connection therewith, of each Obligor in respect thereof (collectively, the "Obligations"). Capitalized terms used and not otherwise defined in this Guaranty shall have in this Guaranty the respective meanings provided for them in the ISDA Agreement.View More
Guaranties. In connection with (i) that certain ISDA Master Agreement, dated as of the date hereof May 1, 2018 and Schedule thereto and Credit Support Annex thereto, by and between among Summer Energy Northeast, LLC, a Texas limited liability company and a wholly-owned subsidiary of the Guarantor ("Summer NE"), Summer Energy, LLC, a Texas limited liability company and a wholly-owned subsidiary of the Guarantor ("Summer" ("Summer"), Summer Energy Midwest, LLC, an Ohio limited liability company and a wholly-o...wned subsidiary of the Guarantor ("Summer Midwest", and, together collectively with Summer and Summer NE, each the "Obligors", and each, an "Obligor" and, together, the "Obligors"), "Obligor"), and the Counterparty (the (as amended, restated, supplemented or otherwise modified from time to time, the "ISDA Agreement"), and (ii) that certain Energy Services Agreement, dated as of May 1, 2018, among the date hereof, by and among Counterparty and the Obligors (the "ESA"), (as amended, restated, supplemented or otherwise modified from time to time, the "Facility Agreement"), the Guarantor hereby unconditionally and irrevocably guaranties to the Counterparty, Counterparty and its successors and assigns the prompt payment when due, subject to any applicable grace period under each of the ISDA Agreement and the ESA, Facility Agreement, of all present and future obligations and liabilities of all kinds of each Obligor to the Counterparty arising out of each of the ISDA Agreement, the ESA, Facility Agreement, any Credit Support Document (as defined in the ISDA) ISDA Agreement) and any and all other agreements, instruments, and documents described or referenced therein in such agreements or delivered in connection therewith, of each Obligor in respect thereof (collectively, the "Obligations"). Capitalized terms used and not otherwise defined in this Guaranty shall herein have in this Guaranty the respective meanings provided for them in the ISDA Agreement. View More
Guaranties. (a) Guarantor hereby unconditionally and irrevocably guarantees to the Buyers the prompt and complete payment and performance by Seller when due (whether at the stated maturity, by acceleration or otherwise) of the Obligations. (b)Guarantor further agrees to pay any and all expenses (including, without limitation, all fees and disbursements of counsel) which may be paid or incurred by the Buyers in enforcing, or obtaining advice of counsel in respect of, any rights with respect to, or collecting..., any or all of the Obligations and/or enforcing any rights with respect to, or collecting against, Guarantor under this Guaranty. This Guaranty shall remain in full force and effect until the later of (i) the termination of the VF1 Repurchase Agreement and (ii) the Obligations are paid in full, notwithstanding that from time to time prior thereto Seller may be free from any Obligations. (c)No payment or payments made by Seller or any other Person or received or collected by the Buyers from Seller or any other Person by virtue of any action or proceeding or any set-off or appropriation or application, at any time or from time to time, in reduction of or in payment of the Obligations shall be deemed to modify, reduce, release or otherwise affect the liability of Guarantor hereunder which shall, notwithstanding any such payment or payments, remain liable for the amount of the outstanding Obligations until the outstanding Obligations are paid in full. (d)Guarantor agrees that whenever, at any time, or from time to time, Guarantor shall make any payment to the Buyers on account of Guarantor's liability hereunder, Guarantor will notify the Buyers in writing that such payment is made under this Guaranty for such purpose.View More
Guaranties. (a) Guarantor hereby unconditionally and irrevocably guarantees to the Buyers Buyer the prompt and complete payment and performance by Seller when due (whether at the stated maturity, by acceleration or otherwise) of the Obligations. (b)Guarantor (b) Guarantor further agrees to pay any and all expenses (including, without limitation, all fees and disbursements of counsel) which may be paid or incurred by the Buyers Buyer in enforcing, or obtaining advice of counsel in respect of, any rights with... respect to, or collecting, any or all of the Obligations and/or enforcing any rights with respect to, or collecting against, Guarantor under this Guaranty. This Guaranty shall remain in full force and effect until the later latest of (i) the termination of the VF1 MSRVF1 Repurchase Agreement, (ii) the termination of the SPIADVF1 Repurchase Agreement and (ii) (iii) the Obligations are paid in full, notwithstanding that from time to time prior thereto Seller may be free from any Obligations. (c)No (c) No payment or payments made by Seller or any other Person or received or collected by the Buyers Buyer from Seller or any other Person by virtue of any action or proceeding or any set-off or appropriation or application, at any time or from time to time, in reduction of or in payment of the Obligations shall be deemed to modify, reduce, release or otherwise affect the liability of Guarantor hereunder which shall, notwithstanding any such payment or payments, remain liable for the amount of the outstanding Obligations until the outstanding Obligations are paid in full. (d)Guarantor (d) Guarantor agrees that whenever, at any time, or from time to time, Guarantor shall make any payment to the Buyers Buyer on account of Guarantor's liability hereunder, Guarantor will notify the Buyers Buyer in writing that such payment is made under this Guaranty for such purpose. -2- 3. Right of Set-off. Buyer is hereby irrevocably authorized at any time and from time to time without notice to Guarantor, any such notice being hereby waived by Guarantor, to set-off and appropriate and apply any and all monies and other property of Guarantor, deposits (general or special, time or demand, provisional or final), in any currency, and any other credits, indebtedness or claims, in any currency, in each case whether direct or indirect, absolute or contingent, matured or unmatured, at any time held or owing by Buyer of any Affiliate thereof to or for the credit or the account of Guarantor, or any part thereof in such amounts as Buyer may elect, on account of the Obligations and liabilities of Guarantor hereunder and claims of every nature and description of Buyer against Guarantor, in any currency, whether arising hereunder, under the MSRVF1 Repurchase Agreement, under the SPIADVF1 Repurchase Agreement or otherwise, as Buyer may elect, whether or not Buyer has made any demand for payment and although such Obligations and liabilities and claims may be contingent or unmatured. Buyer shall notify Guarantor promptly of any such set-off and the application made by Buyer, provided that the failure to give such notice shall not affect the validity of such set-off and application. The rights of Buyer under this paragraph are in addition to other rights and remedies (including, without limitation, other rights of set-off) which Buyer may have. View More
Guaranties. Guarantor hereby absolutely, irrevocably and unconditionally guarantees to Lender the performance and payment when due (whether at a stated maturity or earlier by reason of acceleration or otherwise or at any other time required by any of the Loan Documents) of all liabilities and obligations now or hereafter owing by Borrower to Lender under the Note and the other Loan Documents (defined in the Loan Agreement), including, without limitation, principal, interest, late charges, after-default inte...rest, reasonable attorneys' fees and collection costs, and all other liabilities and obligations of Borrower to Lender under the Note and the other Loan Documents (all of the foregoing being hereinafter referred to as the "Guaranteed Obligations"). Notwithstanding anything else contained in this Guaranty, the "Guaranteed Obligations" do not include the HSIA (as defined in the Loan Agreement) or any liabilities or obligations thereunder. Guarantor agrees that Guarantor's liability under this Guaranty will be primary and direct, and that Lender will not be required to pursue any right or remedy it may have against Borrower under the Note or otherwise (and will not be required to first commence any action or obtain any judgment against Borrower or against property of Borrower in which Lender holds a security interest) before enforcing this Guaranty against Guarantor.View More
Guaranties. Guarantor hereby absolutely, irrevocably and unconditionally guarantees to Lender the performance and payment when due (whether at a stated maturity or earlier by reason of acceleration or otherwise or at any other time required by any of the Loan Documents) of all liabilities and obligations now or hereafter owing by Borrower to Lender under the Note and the other Loan Documents (defined in the Loan Agreement), including, without limitation, principal, interest, late charges, after-default inte...rest, reasonable attorneys' fees and collection costs, and all other liabilities and obligations of Borrower to Lender under the Note and the other Loan Documents (all of the foregoing being hereinafter referred to as the "Guaranteed Obligations"). Notwithstanding anything else contained in this Guaranty, the "Guaranteed Obligations" do not include the HSIA (as defined in the Loan Agreement) or any liabilities or obligations thereunder. Guarantor agrees that Guarantor's liability under this Guaranty will be primary and direct, and that Lender will not be required to pursue any right or remedy it may have against Borrower under the Note or otherwise (and will not be required to first commence any action or obtain any judgment against Borrower or against property of Borrower in which Lender holds a security interest) before enforcing this Guaranty against Guarantor. Notwithstanding any other term or condition hereof to the contrary, following the date upon which a final certificate of occupancy is issued for the Mortgaged Property (defined in the Loan Agreement), Guarantor's obligation to pay and perform the Guaranteed Obligations will be reduced to and limited to 50% of the outstanding principal amount of the Note. View More
Guaranties. For value received, and as an inducement to the extension of credit to NEW RISE PROCESSING RENO, LLC, a Nevada limited liability company (the "Borrower"), located at 14830 Kivett Ln, Reno, NV 89521, RESC RENEWABLE HOLDINGS, LLC, a Nevada limited liability company ("Guarantor") located at 14830 Kivett Ln, Reno, NV 89521, hereby absolutely, irrevocably and unconditionally, jointly and severally, guarantees to VIKING ENERGY GROUP, INC., a Nevada corporation ("Lender"), the full and punctual payment... when due (whether by acceleration or otherwise), of the indebtedness of Borrower to Lender evidenced by that certain Promissory Note dated December 22, 2021, and payable to Lender in the original principal amount of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) (the "Note"). This Guaranty shall not fail or be ineffective or invalid or be considered too indefinite or contingent because the amount of the Guaranteed Debt may fluctuate from time to time or for any other reason.View More
Guaranties. For value received, and as an inducement to the extension of credit to NEW RISE PROCESSING RENO, LLC, a Nevada limited liability company (the "Borrower"), located at 14830 Kivett Ln, Reno, NV 89521, RESC RENEWABLE HOLDINGS, LLC, a Nevada limited liability company ("Guarantor") located at 14830 Kivett Ln, Reno, NV 89521, hereby absolutely, irrevocably and unconditionally, jointly and severally, guarantees to VIKING ENERGY GROUP, INC., a Nevada corporation ("Lender"), the full and punctual payment... when due (whether by acceleration or otherwise), of the indebtedness of Borrower to Lender evidenced by that certain Promissory Note dated December 22, 2021, January 24, 2022, and payable to Lender in the original principal amount of FIVE FOUR HUNDRED AND SIXTY THOUSAND AND NO/100 DOLLARS ($500,000.00) ($460,000.00) (the "Note"). This Guaranty shall not fail or be ineffective or invalid or be considered too indefinite or contingent because the amount of the Guaranteed Debt may fluctuate from time to time or for any other reason. View More
Guaranties. Guarantor, as a primary party and not merely as a surety, unconditionally and irrevocably guarantees to Agent the prompt and full payment (and not merely the collectability), performance, and observance of all of the obligations, terms and conditions to be paid, performed or observed by Borrower under the Note, Loan Agreement and each other Loan Document, each as the same may be hereafter amended, modified, extended, renewed or recast, including, without limitation, all of the Obligations and th...e payment of all principal, interest, fees, all obligations and other charges when due under the Note, the Loan Agreement and each other Loan Document (hereinafter, the "Guaranteed Obligations"). Upon the occurrence of and during the continuance of any Event of Default under the Loan Agreement, or any of the other Loan Documents, or if Agent has accelerated the Loan pursuant to a right to do so under the Loan Agreement, Agent may at its option proceed directly and at once, without notice (except as otherwise provided under the Loan Agreement), against Guarantor hereunder, without proceeding against Borrower, any other Guarantor, or any other person or Collateral for the Obligations or the Guaranteed Obligations. If Borrower, or Guarantor if so required, shall fail or refuse to perform or continue performance of all of the Obligations on the part of Borrower to be kept and performed, then, if an Event of Default exists on account thereof under the Loan Documents or this Guaranty, in addition to any other rights and remedies which Agent may have hereunder or elsewhere, and not in limitation thereof, Agent, at its option, may exercise any or all of its rights and remedies under the Loan Agreement and each other Loan Document. This Guaranty shall survive and continue in full force and effect beyond and after the payment and satisfaction of the Guaranteed Obligations and the Obligations in the event Agent or any Lender is required to disgorge or return any payment or property received as a result of any laws pertaining to preferences, fraudulent transfers or fraudulent conveyances. Notwithstanding anything herein or in any other Loan Document to the contrary, by its acceptance of this Guaranty, Agent for itself and on behalf of the Lenders, agrees that upon the occurrence of an Event of Default, Agent shall use reasonable efforts to pursue its rights and remedies against the Borrower, CRT, the Collateral Property Owners (CRT and the Collateral Property Owners, the "Other Loan Guarantors") and/or the Collateral prior to exercising its rights and remedies hereunder against Guarantor, provided, however that such agreement to first exercise rights and remedies with respect to the Borrower, the Other Loan Guarantors, and/or the Collateral shall be null and void if (i) there is any bankruptcy or similar filing by any of the Borrower or Guarantor or the Other Loan Guarantors, (ii) any of the Borrower, Guarantor or any Other Loan Guarantor shall bring any other legal action which seeks to prevent or interfere with the exercise of the rights and remedies under the Loan Documents by Agent, or (iii) any action or claim is filed by any third party that challenges the validity or enforceability of the Loan Documents or the liens and rights and remedies of the Agent thereunder with respect to the Borrower, the Other Loan Guarantors and/or the Collateral.View More
Guaranties. Guarantor, as a primary party and not merely as a surety, unconditionally and irrevocably guarantees to Agent Agent, or in the case of any Swap Contract provided by Agent, any Lender or any Affiliate of any Lender, to the provider of such Swap Contract, the prompt and full payment (and not merely the collectability), performance, and observance of all of the obligations, terms and conditions to be paid, performed or observed by Borrower under the Note, Loan Agreement and each other Loan Document..., Document and any such Swap Contract, each as the same may be hereafter amended, modified, extended, renewed or recast, including, without limitation, all of the Obligations and the payment of all principal, interest, fees, all obligations and other charges when due under the Note, the Loan Agreement and each other Loan Document and any such Swap Contract (hereinafter, the "Guaranteed Obligations"). Notwithstanding anything to the contrary herein, the obligations of the Guarantor hereunder shall not include any Excluded Hedging Obligations. For purposes hereof "Excluded Hedging Obligations" means any Obligation with respect to a Swap Contract if, and to the extent that, all or a portion of the guarantee by such Guarantor of, or the grant by such Guarantor of a security interest to secure, such Obligation (or any guarantee thereof) is or becomes impermissible under the Commodity Exchange Act (as hereafter defined) by virtue of such Guarantor's failure for any reason to constitute an "eligible contract participant" as defined in the Commodity Exchange Act at the time this Guaranty becomes effective with respect to such Hedging Obligation. "Commodity Exchange Act" shall mean the Commodity Exchange Act (7 U.S.C. ยง1 et seq. ), as amended or supplemented from time to time, and any successor statute or any other rule, regulation or order of the Commodity Futures Trading Commission (or the application or official interpretation of any thereof). Upon the occurrence of and during the continuance of any Event of Default under the Loan Agreement, or any of the other Loan Documents, or if Agent has accelerated the Loan pursuant to a right to do so under the Loan Agreement, Agent may at its option proceed directly and at once, without notice (except as otherwise provided under the Loan Agreement), against Guarantor hereunder, without proceeding against Borrower, any other Guarantor, or any other person or Collateral for the Obligations or the Guaranteed Obligations. If Borrower, or Guarantor if so required, shall fail or refuse to perform or continue performance of all of the Obligations on the part of Borrower to be kept and performed, then, if an Event of Default exists on account thereof under the Loan Documents or this Guaranty, in addition to any other rights and remedies which Agent may have hereunder or elsewhere, and not in limitation thereof, Agent, at its option, may exercise any or all of its rights and remedies under the Loan Agreement and each other Loan Document. This Guaranty shall survive and continue in full force and effect beyond and after the payment and satisfaction of the Guaranteed Obligations and the Obligations in the event Agent or any Lender is required to disgorge or return any payment or property received as a result of any laws pertaining to preferences, fraudulent transfers or fraudulent conveyances. Notwithstanding anything herein or in any other Loan Document to the contrary, by its acceptance of this Guaranty, Agent for itself and on behalf of the Lenders, agrees that upon the occurrence of an Event of Default, Agent shall use reasonable efforts to pursue its rights and remedies against the Borrower, CRT, the Collateral Property Owners (CRT and the Collateral Property Owners, the "Other Loan Guarantors") and/or the Collateral prior to exercising its rights and remedies hereunder against Guarantor, provided, however that such agreement to first exercise rights and remedies with respect to the Borrower, the Other Loan Guarantors, and/or the Collateral shall be null and void if (i) there is any bankruptcy or similar filing by any of the Borrower or Guarantor or the Other Loan Guarantors, (ii) any of the Borrower, Guarantor or any Other Loan Guarantor shall bring any other legal action which seeks to prevent or interfere with the exercise of the rights and remedies under the Loan Documents by Agent, or (iii) any action or claim is filed by any third party that challenges the validity or enforceability of the Loan Documents or the liens and rights and remedies of the Agent thereunder with respect to the Borrower, the Other Loan Guarantors and/or the Collateral.View More
Guaranties. For good and valuable consideration, RAMACO, LLC, a Delaware limited liability company ("RAMACO" or "Guarantor"), absolutely and unconditionally, guarantees the performance ("Guaranteed Obligations") of RAMACO Mining, LLC, RAMACO Northern Appalachia, LLC, RAM Farms, LLC and RAMACO Central Appalachia, LLC, each a Delaware limited liability company, (collectively, the "Obligor"), to RAMACO Development, LLC, a Delaware limited liability company, ("Obligee"), under the Mining Agreements (as hereinaf...ter defined) pursuant to the terms and conditions set forth in this Guaranty.View More
Guaranties. For good and valuable consideration, RAMACO, RAMACO Development, LLC, a Delaware limited liability company ("RAMACO" ("RAMACO Development" or "Guarantor"), absolutely and unconditionally, guarantees the performance ("Guaranteed Obligations") of RAMACO RAM Mining, LLC, RAMACO Northern Appalachia, LLC, RAM Farms, LLC and RAMACO Central Appalachia, Resources, LLC, each a Delaware limited liability company, (collectively, the "Obligor"), to RAMACO Development, RAMACO, LLC, a Delaware limited liabili...ty company, ("Obligee"), under the Mining Agreements (as hereinafter defined) pursuant to the terms and conditions set forth in this Guaranty. View More
