Here is a portion of the Personal Guarantee. This is used when the Buyer is a corporation, and the Seller is financing some or all of the purchase, to ensure that the individual buying doctor is guaranteeing the loan. In this sample, the obligations being personally guaranteed are described followed by the beginning of the parameters of the guarantee.
NOW, THEREFORE, incorporating the above Recitals by reference, and for good and valuable consideration, Guarantor hereby agrees as follows:
1. Obligations Guaranteed.
1.1 Obligations. Guarantor hereby absolutely and unconditionally guarantees to Holder and its legal representatives, successors and assigns, and independently assumes liability to Holder and its legal representatives, successors and assigns, without any requirement whatsoever of resort by Holder to any other party, including Promisor, for (a) the payment of all payments, penalties, costs, fees, or expenses (including but not limited to indemnifications, interest charges and attorneys' fees), however designated, required or which might be required to be paid by Promisor pursuant to the terms of the Note and (b) the performance of each and every other term, provision, covenant, condition or obligation of Promisor under the Note in accordance with the terms of the Note (collectively, the payment and performance obligations set forth in (a) and (b) above are hereinafter called the "Obligations").
1.2 Default. Upon any default by Promisor under the Note, Holder may, but need not, at its sole option, proceed directly against Guarantor, without proceeding against Promisor or any other person or entity, and without foreclosing upon, selling or otherwise disposing of or collecting or applying any collateral or other property, real or personal, which Promisor may have theretofore delivered to Holder as security for the payment and performance of the Obligations. Guarantor hereby waives the right to require Holder to proceed against Promisor or any other person or entity, or to pursue any other remedy, and Guarantor further waives the right to have any other property of Promisor or any other person or entity first applied to the discharge of the Obligations of Promisor under the Note.
2. Nature of Guarantor's Liability.
2.1 Guaranty Unconditional and Independent, Joint and Several. The guaranty by Guarantor provided for in this Guaranty is an absolute and unconditional guaranty of payment and performance and is not a guaranty of collection, regardless of (a) the absence of any action to enforce the same by Holder, or (b) Holder's obtaining any judgment against Promisor or taking any action to enforce same. The liability of Guarantor under this Guaranty is joint and several and is independent of the Obligations that are hereby guaranteed and of the liabilities of any other guarantor of the Obligations.
2.2 Waiver of Formalities. Guarantor hereby fully waives all requirements, if any, of notice, demand for payment, diligence, filing of claims with a court in the event of the bankruptcy of Promisor and all other notices of every kind or nature (including those of any action or inaction on the part of Promisor, Holder, or anyone else) in respect of the Obligations.
2.3 Guarantor's Consent. Guarantor hereby consents to the following:
(a) any and all changes, modifications, reformations, amendments, alternations, renewals, extensions, increases, reductions, reNotes and cancellations which may hereafter be made to the Note or any of the Obligations (collectively, the "Modifications");
(b) any and all alterations, impairments, suspensions, terminations and expirations (including, without limitation, all such as might result from the Modifications or from any action or inaction of the type described in paragraph (3) below) of the remedies or rights of Holder against Promisor or any other person in respect of any of the Obligations; and
(c) any and all actions or inactions on the part of Holder (including, without limitations, election of remedies, amendment, substitution, surrender, reNote, forfeiture, enforcement, foreclosure and sale, under power of sale or otherwise), in its sole and unfettered discretion, in respect of any security (or any part thereof) now held or hereafter acquired by Holder for the performance of the Obligations, even though any rights or defenses which Guarantor may otherwise have, by subrogation, reimbursement, indemnification or otherwise, against Promisor, Holder or others may be diminished, destroyed or otherwise adversely affected by any such altercation, impairment, suspension, termination, expiration, action or inaction, all to the end that Guarantor shall not be exonerated, reNoted or discharged by or as a result of any law, rule, arrangement or relationship now or hereafter existing, or otherwise, from its absolute, unconditional and independent joint and several liability hereunder by any such alteration, impairment, suspension, termination, expiration, action or inaction.