We hereby make this application for credit to Boston Wholesale Seafood. If credit is granted we agree to be personally liable, pay the bills within the terms granted, consent to the venue and jurisdiction of the Orange County Courts of the State of Florida, and to pay a service charge for any returned check. Also, we may be assessed a finance charge on any unpaid balance in the amount of 1½% per month (18% per annum). Additionally, should any legal action be commenced to collect for any merchandise received we agree to pay for any and all collection and attorney’s fees incurred by Boston Wholesale Seafood and consent to jurisdiction and venue in Orange County, Florida. We agree not to transfer or assign this agreement without prior written consent of Boston Wholesale Seafood prior to the sale or transfer of all or substantially all of the stock or assets of our business.
This information is given in confidence for the sole purpose of establishing credit with Boston Wholesale Seafood. Authorization is hereby given to allow Boston Wholesale Seafood to make any inquiries of all trade and financial sources including credit reports which are deemed to be necessary or desirable by Boston Wholesale Seafood to properly evaluate this application for credit.
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For valuable consideration the undersigned hereby personally guarantees, absolutely, unconditionally and irrevocably, the payment upon demand of all liabilities, indebtedness and obligations, whether now or existing of hereafter of , (the debtor) its successors and assigns to Boston Wholesale Seafood and its successors and assigns (the indebtedness).
This guarantee shall be enforceable by Boston Wholesale Seafood without prior resort to any demands, possessor remedies or proceedings for collection of any nature against the debtor or any other person or entity, or any property of the debtor or any other person or entity. The liability of the undersigned shall not be affected by any extension, compromise, modification release or discharge or any indebtedness, whether by operation of law or otherwise, by the release, substitution or addition of any other guarantor of the indebtedness notice of the acceptance for this guaranty, notices of demands production of delivery of material, protest, nonpayment, nonperformance and notice of the amount of the indebtedness outstanding at any time are expressly waived, nothing in this guarantee shall in any way diminish or alter the indebtedness or affect the rights of Boston Wholesale Seafood against debtor.
The undersigned agrees and consents to the jurisdiction and venue of the Orange County Courts, of the state of Florida or federal courts should any dispute arise.
The undersigned also agrees that if any case is filed under the bankruptcy code or against debtor, the undersigned waives any claim he/she may have against debtor as a result or any claim against the undersigned by Boston Wholesale Seafood under this guaranty.
Boston Wholesale Seafood shall be entitled to recover from the undersigned all costs incurred in connection with the enforcement of this guaranty, including but not limited to reasonable attorney’s fees.
Whenever possible, each provision of the guaranty shall be interrupted in such manner as to be effective and valid under applicable law. If any provision hereof shall be prohibited by or be invalid under such law, such prohibition of invalidating the remainder of such provision or the remaining provision hereof.
In the event this guaranty is signed by more than one person or entity, each of the undersigned shall be jointly and severally liable under this guarantee.
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