| name | guaranty-unlimited |
| title | Unlimited Guaranty |
| description | Drafts a U.S. Unlimited Guaranty for commercial lending transactions. Triggers when user needs an uncapped personal or entity guaranty, credit enhancement, or unlimited recourse instrument for a loan closing. Produces an absolute guaranty of payment (not collection) with comprehensive waivers, subrogation subordination, and continuing-guaranty coverage. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/guaranty-unlimited |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | finance |
| language | en |
| tags | ["agreement","drafting","transactional"] |
Unlimited Guaranty
Generates a complete Unlimited Guaranty giving the Lender direct, uncapped recourse against a Guarantor for all present and future Borrower obligations.
Quick Start
Collect before drafting:
- Credit documents — loan agreement, note, or facility defining the guaranteed Obligations
- Parties — full legal names of Guarantor, Borrower, and Lender
- Guarantor type — individual or entity (drives signature block and authority recitals)
- Financial reporting — whether Lender requires ongoing financials from Guarantor
Document Sections
| # | Section | Key Content |
|---|
| 1 | Definitions | Obligations (all present/future amounts), Credit Documents, parties |
| 2 | Guaranty of Payment | Absolute, unconditional; payment not collection — Lender may proceed directly against Guarantor |
| 3 | Unlimited Liability | No cap; covers principal, interest, fees, costs, expenses, indemnities |
| 4 | Waivers | Full checklist below |
| 5 | Subrogation & Reimbursement | Subordinated/waived until indefeasible payment in full |
| 6 | Continuing Guaranty | Survives modifications, renewals, extensions; covers post-execution obligations |
| 7 | Financial Covenants (if required) | Annual financials, MAC notice, other reporting |
| 8 | Governing Law & Jurisdiction | Match underlying loan documents |
| 9 | Jury Trial Waiver | Standard commercial waiver |
| 10 | Signature Block | Individual: name + date; Entity: officer title + authority recital |
Required Waivers (Section 4)
Guarantor must waive all of the following:
- Presentment, demand for payment, protest, notice of dishonor
- Notice of acceptance of Guaranty
- Notice of creation or incurrence of new Obligations
- Notice of any Borrower or Lender action or inaction
- Right to require Lender to proceed first against Borrower or exhaust collateral
- Defense based on modification, extension, renewal, or amendment of Obligations
