Guarantor of Collection
Guarantee of Collection
Guarantee Agreements
1 unable to locate or serve the principal.
2. the principal is insolvent
3. the lender is unsuccessful in obtaining payment even after it obtains a judgement against the principal.
U.C.C 3-419(d) Reinstatement of Surety ship 15(b)
By executing a guaranty, would it thus provide a backup source of payment:
This for the lender:
and which from who the lender could obtain payment even if RFT was unable
or unwilling
to repay its debt
voluntarily
In legal parlance would become a
guarantor, a
surety,
or more formally a
secondary obligor
the party owes the money directly RFT would be known as the
principal obligor or just the principal.
finally a party who the money is owed the
lender would be referred to as the creditor or the obligor
the person to whom the obligor is obliged.
Accommodation party is any party who signs negotiable instrument for the purpose of incurring liability without directly benefiting firm the value that the credit gives for the instrument U.C.C 3-419(a). The accommodated is the party for whose benefit the value was given, generally the principal borrower or issuer of the instrument.
Under article 3, an accommodation party is treated as as the primary obligor. U.c.c 3-419, 3-605
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