In consideration of the extension of credit to "debtor” (see below) by DVM Corp (“creditor”), and for good and valuable consideration, the receipt of which is hereby acknowledged, the undersigned, jointly and severally, “if applicable”, guarantee the full and prompt payment when due, whether by acceleration or otherwise, of all past, present, and future indebtedness, obligations and liabilities of the debtor to the creditor, whether direct or indirect, joint or several, absolute or contingent, including all costs of collection, interest, and attorney’s fees (obligations.)
The undersigned waives acceptance of the guaranty and further waives all notices and demands of any kind, including, but not limited to, all demands of payments and notices of nonpayment, presentment, protest and dishonor of any of the Obligations by the debtor. The undersigned further waives all notices and, specifically, hereby consents to any extensions of credit, acceleration, modifications, immaterial alterations, amendments or changes of terms of any agreements concerning the obligations, including, but not limited to, any extensions or renewals of the obligations or change of the rate of interest therefrom and any notices, the acceptance of any partial payments or the release or transfer of any collateral for the payment of the obligation.
The undersigned also waives any claim, right, or remedy which such guarantor may now have or hereafter acquire against the debtor that arises hereunder and/or from the performance by the guarantor hereunder including, without limitation, any claim, remedy, or right of subrogation, reimbursement, exoneration, contribution, indemnification, or participation in any claim, right, or remedy of secured party against the debtor or any security which secured party now has or hereafter acquires whether or not such claim, right or remedy arises in equity, under contract, by statute, under common law or otherwise.
Guarantor and Co-guarantor, if applicable, authorizes creditor to investigate guarantor’s and co-guarantor’s personal credit standing, financial circumstances and responsibility and authorizes and instructs all persons having information concerning Guarantor’s or Co-Guarantor’s credit standing, financial circumstances and responsibility to release such information to creditor, its agents, attorneys or employees. This includes, without limitation, authorization for seller and its agents attorneys and employees to request, obtain, and use for all purposes which creditor deems necessary, a copy of any credit bureau or consumer credit report for the guarantor and co-guarantor at any time. This guaranty is a continuing guaranty of payment, and shall inure to the benefit of the creditor from the date hereon and shall remain in full force and effect until written notice of termination thereof has been received by creditor by certified mail. Termination of the guaranty by the undersigned shall not affect any of the guarantor’s obligations hereunder with respect to indebtedness incurred prior to the termination.
No delay on the part of the creditor in exercising any of creditor’s options, powers or rights, or partial or single exercise thereof shall constitute a waiver thereof. All of the creditor’s rights are cumulative and alternative. Whenever possible, each provision of this guaranty shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this guaranty shall be prohibited by or invalid under applicable low, such provision shall be ineffective only to the extent of such prohibition without invalidating the remainder of the provision or the remaining portions of this guaranty. This guaranty shall inure to the benefit of the creditor and its successors and assigns and shall be binding upon the successors and assigns, jurisdiction and preferred venue shall remain Indianapolis, State of Indiana.