Personal Guarantee (If Applicant is a company)
1. In consideration of Moku entering into this Financing Agreement to supply the Customer, at the request of the Guarantor(s), the Guarantor(s) hereby unconditionally and irrevocably guarantee(s) the due and punctual performance, observance and compliance by the Customer with all the provisions of this financing agreement.
2. Although as between the Guarantor(s) and the Customer, the Guarantor(s) may be a surety only, as between the Guarantor(s) and Moku, the Guarantor(s) shall be liable as a principal party under this guarantee or under any extension, amendment or variation of this guarantee and may be so treated in all respects by Moku
3. The liquidation or bankruptcy of the Customer or the Guarantor(s) or any of them or any other person or persons or the exercise or non-exercise by Moku of any of the powers of Moku under this Guarantee or the waiver or partial
waiver, variation, modification, assignment or transfer of this Financing Agreement, or any other dealing whatsoever by Moku with the Customer or the Guarantor(s) or any other person or persons shall not exonerate or release the Guarantor(s) from liability under this Guarantee nor shall the Guarantor(s) be released by any other act, omission or thing whatsoever whereby the Guarantor(s) as surety only would have been so released.
4. The Guarantor(s) will at moku’s request, whether at the date of this Financing Agreement or at some later date, provide security for the obligations of the Guarantor(s) contained in paragraphs of this Financing Agreement. The Guarantor(s) agree(s) to execute all documentation and do all necessary acts to validly provide Moku the security so requested.
5. We understand that we should seek independent legal advice with respect to this Guarantee