1. Recitals and Reference to Underlying Obligation
Creditor and [[Primary Obligor Full Legal Name]] ("Principal" or "Borrower") have entered into that certain [[Underlying Agreement Type and Date, e.g., "Commercial Lease Agreement dated [[Lease Date]]" or "Promissory Note dated [[Note Date]]" or "Master Services Agreement dated [[Date]]"]] (the "Underlying Agreement"), pursuant to which Principal is obligated to pay to Creditor the sum of $[[Principal Amount or Total Obligation]] plus interest, fees, costs, and other amounts as set forth in the Underlying Agreement (collectively, the "Obligations").
Guarantor has requested that Creditor extend credit or enter into the Underlying Agreement with Principal, and Creditor is willing to do so only upon the condition that Guarantor unconditionally guarantee payment and performance of the Obligations.
Guarantor acknowledges receipt of good and valuable consideration for executing this Guaranty, including the extension of credit or other benefits to Principal.
2. Unconditional Guaranty of Payment and Performance
Guarantor hereby unconditionally and irrevocably guarantees to Creditor the full and prompt payment and performance by Principal of all of the Obligations, including without limitation:
- All principal, interest, late charges, default interest, and prepayment premiums due under the Underlying Agreement.
- All fees, costs, expenses, and charges of any kind, including attorneys' fees, collection costs, and court costs.
- All other sums now or hereafter owing by Principal to Creditor under the Underlying Agreement or any related documents.
- All renewals, extensions, modifications, amendments, replacements, and restatements of the Underlying Agreement.
This Guaranty is a continuing guaranty and shall remain in full force and effect until the Obligations have been paid and performed in full.
3. Nature of Guaranty; Waivers by Guarantor
This is a guaranty of payment and not merely of collection. Creditor may enforce this Guaranty without first exhausting its remedies against Principal, any collateral, or any other guarantor.
Guarantor waives:
- Notice of acceptance of this Guaranty.
- Notice of any default by Principal, presentment, demand for payment, protest, and notice of protest or dishonor.
- Any right to require Creditor to proceed against Principal, to proceed against or exhaust any security or collateral, or to pursue any other remedy before seeking payment from Guarantor.
- Any defense based on the statute of limitations applicable to the Obligations.
- Any right to claim that any other guaranty or security has been released or modified without Guarantor's consent.
- Any other defenses or rights that Guarantor might otherwise have as a surety or guarantor under Georgia law or otherwise, except the defense of payment in full.
4. Representations and Warranties of Guarantor
Guarantor represents and warrants to Creditor that:
- Guarantor has full legal capacity and authority to execute and deliver this Guaranty and to perform Guarantor's obligations hereunder.
- This Guaranty constitutes the legal, valid, and binding obligation of Guarantor, enforceable against Guarantor in accordance with its terms.
- The execution and delivery of this Guaranty does not violate any law, judgment, or agreement to which Guarantor is a party.
- Guarantor has adequate financial capacity to satisfy the Obligations if called upon to do so.
- All financial information provided by Guarantor to Creditor in connection with this Guaranty is true, complete, and accurate.
5. Covenants of Guarantor
Guarantor covenants and agrees that:
- Guarantor will maintain sufficient financial resources to meet the Obligations.
- Guarantor will not transfer, encumber, or otherwise dispose of assets with the intent to hinder, delay, or defraud Creditor.
- Guarantor will provide Creditor with updated financial statements upon reasonable request.
- Guarantor will notify Creditor promptly of any material adverse change in Guarantor's financial condition or any litigation or claim that could materially affect Guarantor's ability to perform under this Guaranty.
6. Events of Default; Acceleration
If any of the following events occur, all Obligations shall, at the option of Creditor, become immediately due and payable, and Guarantor shall be obligated to pay the same immediately upon demand:
- Principal fails to pay any amount when due under the Underlying Agreement.
- Principal breaches any covenant, representation, or warranty in the Underlying Agreement.
- Principal becomes insolvent, files for bankruptcy, or has an involuntary petition filed against it.
- Any representation or warranty made by Guarantor in this Guaranty proves to have been false or misleading in any material respect.
- Guarantor fails to perform any obligation under this Guaranty.
7. Payments by Guarantor
All payments by Guarantor under this Guaranty shall be made in immediately available funds to the account or address designated by Creditor, without deduction, offset, or counterclaim of any kind.
Any payment received from Guarantor shall be applied by Creditor in such order and manner as Creditor may elect.
8. Subrogation and Subordination
Until the Obligations have been paid and performed in full, Guarantor shall have no right of subrogation, reimbursement, or contribution against Principal or any other guarantor.
Any indebtedness of Principal to Guarantor is hereby subordinated to the Obligations. Guarantor shall not demand, accept, or receive any payment on such subordinated debt while any Obligation remains unpaid.
9. Governing Law and Venue
This Guaranty shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflicts of law principles.
Guarantor consents to the exclusive jurisdiction of the state and federal courts located in [[County, Georgia]] for any action to enforce this Guaranty. Guarantor waives any objection based on venue or forum non conveniens.
10. Notices
All notices under this Guaranty shall be in writing and shall be deemed given when delivered personally, three (3) business days after being mailed by certified mail, or one (1) business day after deposit with overnight courier, to the addresses set forth above or to such other address as a party may designate in writing.
11. Miscellaneous
- Entire Agreement. This Guaranty, together with the Underlying Agreement, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior negotiations and agreements.
- Amendment. This Guaranty may be amended only by a written instrument signed by Guarantor and an authorized representative of Creditor.
- Severability. If any provision of this Guaranty is held invalid or unenforceable, the remaining provisions shall remain in full force.
- Waiver. No waiver of any provision shall be effective unless in writing. A waiver of one breach shall not constitute a waiver of any subsequent breach.
- Assignment. Guarantor may not assign this Guaranty. Creditor may assign this Guaranty to any successor or assignee of the Obligations.
- Counterparts. This Guaranty may be executed in counterparts and by electronic signature, each of which shall be deemed an original.
- Headings. Headings are for convenience only and shall not affect interpretation.
- Construction. The word "including" means "including without limitation."
12. Acknowledgment
Guarantor acknowledges that Guarantor has read this Guaranty, understands that Guarantor is giving up substantial rights, including the right to require Creditor to proceed first against Principal or collateral, and has had the opportunity to consult with independent legal counsel.
IN WITNESS WHEREOF, Guarantor has executed this Personal Guaranty Agreement as of the date first written above.
GUARANTOR
Signature: ___________________________________________
Printed Name: [[Guarantor Full Legal Name]]
Date: [[Effective Date]]
WITNESS (Optional but recommended)
Signature: ___________________________________________
Printed Name: [[Witness Name]]
Date: ________________
CREDITOR ACKNOWLEDGMENT (Optional)
[[Creditor Full Legal Name]]
By: ________________________________________________
Name: [[Authorized Signatory]]
Title: [[Title]]
Date: ________________
Personal Guaranty Agreement template under Georgia law. This is a sample and not legal advice. Personal guaranties are strictly construed in Georgia. Consider O.C.G.A. provisions regarding suretyship and the Statute of Frauds. Guarantors should obtain independent legal counsel before signing. Information current as of 2026-06. Verify all terms against the specific Underlying Agreement and current Georgia statutes.
