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Commercial Loan Guaranty Agreements - Strafford

Commercial Loan Guaranty Agreements - Strafford

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I. Overview of General Types of Guaranties<br />

• Payment<br />

• A payment guaranty obligates the guarantor to pay the debt at maturity<br />

(which may arise due to an event of default). Upon the occurrence of a<br />

debtor's default, the guarantor’s obligation becomes fixed and the<br />

creditor does not need to make a demand on the debtor.<br />

• Collection<br />

• A guaranty of collection is a guarantor’s promise that if the creditor<br />

cannot collect the claim with due diligence, usually after suit (and<br />

exhaustion of remedies) against the debtor, the guarantor will pay the<br />

creditor.<br />

• Performance<br />

• A performance guaranty obligates the guarantor to perform some<br />

obligation on behalf of the debtor for the benefit of the creditor.<br />

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