I (Seller/Buyer) agree in my individual capacity as well as on behalf of the Buyer/Seller, to jointly and severally pay to all indebtedness of the Buyer/Seller (whether a corporation, partnership, or otherwise) at any time arising under or relating to any purchases or merchandise delivered by consignment or creation of bailment. I further agree to be fully bound to this personal guarantee even if one of my employees or agents sign this Agreement on behalf of the Buyer. As guarantor I waive (i) presentment, demand, notice, protest, notice of protest, and notice of nonpayment; (ii) any defense arising by reason of any defense of Buyer or other guarantor; and (iii) the right to require Seller/Buyer, to proceed against Buyer or any other guarantor to pursue any remedy in connection with the guaranteed indebtedness, or to notify guarantor of any additional indebtedness incurred by the customer, or of any changes in the Buyer’s financial condition. I also authorize Seller/Buyer, without notice or prior consent, to (i) extend, modify, compromise, accelerate, renew of increase, or otherwise change the terms of the guaranteed indebtedness; (ii) proceed against one or more guarantors without proceeding against the Buyer or another guarantor; and (iii) release or substitute any party to indebtedness or this guarantee. I agree (i) I will pay costs and reasonable attorneys fees in enforcing this guarantee; (ii) this guarantee is made in California and will be governed by California law; (iii) this guarantee shall benefit Seller/Buyer, and it’s successors and assigns, and (iv) an electronic facsimile of my signature, in any capacity, may be used as evidence of my agreement to the terms of this guaranty.
Yes, I agree and personally guarantee