Additive Manufacturing Equipment Financing
NCP Leasing, Inc. Lease Documents
A complete lease begins with a Master Lease Agreement, which lays out the terms and conditions that apply to all lease transactions. Each transaction is summarized on a Schedule that identifies the specifics of the particular transaction. Depending on the nature of the transaction, other documents may be necessary and could include an Acceptance Certificate, Landlord's Waiver, Secured Lender's Waiver, Certificate Of Incumbency , Evidence Of Insurance, and Lessee's Guaranty.
For value received, __________________________ ("Guarantor") does hereby guaranty to NCP Leasing, Inc. ("NCP") the full and prompt performance of all obligations due by _________________ ("Lessee") to NCP pursuant to a certain Master Equipment Lease dated __________________ by and between NCP and ___________________ (the "Lease"), including any and all documents and instruments executed and delivered pursuant to the lease (collectively, the "Lease Documents").
This is a guaranty of performance of obligations and the payment of money as evidenced by the Lease. The liability of Guarantor to NCP under this guaranty is direct and is not conditional or contingent upon the occurrence, or the non-occurrence, of any act or any event except either (a) the failure of Lessee to fully and promptly pay all amounts due by Lessee to NCP under the Lease, or (b) the breach by Lessee of any term or condition of the Lease. Upon occurrence of any one of the aforestated failures or breaches, then all amounts due and to come due by Lessee to NCP under the Lease shall be immediately payable in full by Guarantor to NCP pursuant to this guaranty.
Guarantor specifically waives any claim to marshalling of assets, any right to require that NCP take any action against Lessee or Guarantor and/or any other person or entity or resort be made to any other security of remedy available to NCP before NCP may seek to and be entitled to enforce the obligations by Guarantor to NCP under this guaranty.
Guarantor specifically agrees that NCP may take any one or more of the following actions without affecting in any respect the right of NCP to enforce the obligations by Guarantor to NCP under this guaranty:
- amend, change or modify any term or condition of the Lease or any of the Lease Documents, grant any extension or renewal of the Lease or any of the Lease Documents, grant any indulgence with respect to the Lease or any of the Lease Documents, and effect any re-lease, compromise, or settlement with respect to the Lease or any of the Lease documents;
- enter into any agreement or forbearance with respect to any or all of the obligations under the Lease or any of the Lease Documents; and
- forbear from exercising any or all other rights and/or remedies available to NCP.
In the event that any one or more of the provisions of this guaranty shall be held for any reason to be invalid, illegal, or unenforceable in any respect, then any such invalidity, illegality, or unenforceability shall not affect any other provisions of this guaranty and this guaranty shall be construed as if any such invalid, illegal, or unenforceable provisions was never a part of this guaranty.
This guaranty shall inure to the benefit of all successors and assigns of NCP.
The obligations by Guarantor under this guaranty shall terminate, and Guarantor shall have no further liability to NCP under this guaranty, upon full payment of all amounts due by Lessee to NCP under the Lease and the Lease Documents.
Guarantor expressly waives presentment, protest, demand and notice of demand, dishonor, non-payment and any other notice of any kind.
Guarantor authorizes any attorney to appear for him any any court of record in the State of Ohio at any time after any amount becomes due and payable by Guarantor under this guaranty and for that attorney to waive the issuance and service or process, release all errors, and to confess judgment against Guarantor for the full amount due by Guarantor under this guaranty and to waive all right of appeal. Guarantor waives stay of execution and all exemptions. Guarantor agrees that any attorney who also represents NCP or any other holder of this Guaranty may also act as attorney for Guarantor when taking the actions described above in this paragraph. Guarantor agrees that any attorney taking such actions may be paid for those services by NCP or any other holder of this guaranty. Guarantor waives any conflict of interest that may be created because the attorney representing Guarantor is being paid by NCP or ay any other holder of this guaranty.
Warning: By signing this paper you give up your right to notice and court trial. If you do not pay on time, a court judgment may be taken against you without your prior knowledge, and the powers of a court can be used to collect from you regardless of any claims you may have against the creditor whether for returned goods, faulty goods, failure on his part to comply with the agreement, or any other cause.
IN WITNESS WHEREOF, Guarantor set his hand below as of the Effective Date.
2055 Reading Road, Suite 240
Cincinnati, Ohio 45202