The Applicant, or authorized representative of Applicant, hereby makes application for credit from Amthor International, Inc. (“Amthor”). By signing this application and in consideration of the extension of future credit to Applicant, Applicant states that it has read, understands and agrees to Amthor International, Inc.’s Standard Terms and Conditions, which are incorporated herein, and further certifies that all of the information contained in this application and any attachments is true and correct to the best of Applicant’s information, knowledge, and belief, and further certifies that he/she is authorized to execute this application on behalf of Applicant. Applicant and any Guarantors hereby authorize Amthor to contact credit reporting services and other third parties to determine Applicant’s creditworthiness. Applicant acknowledges that Amthor may, in its sole discretion, refuse to extend credit to Applicant in connection with any credit transaction.
For value received and to induce Amthor International, Inc. (“Amthor”) to extend credit to Applicant, the undersigned guarantor(s) (“Guarantor”) jointly and severally, if more than one, hereby warrant and unconditionally guarantee to Amthor, its successors and assigns, the full and prompt payment when due (including any accelerated or extended maturity) of all indebtedness and obligations of Applicant to Amthor including without limitation, all invoiced amounts, all default interest on any delinquent invoices and all costs of collecting delinquent invoices and default interest or enforcing this Guaranty, including, without limitation, reasonable attorneys’ fees, court costs, witness fees, etc., which collection costs may be represented as a percentage of the delinquent invoices and default interest, up to 33% of the total of the delinquent invoices plus the default interest, if a collection agency or attorney is engaged to collect such costs (collectively the “Indebtedness”). This Guaranty shall remain in full force and effect as to each Guarantor until revoked in writing by such Guarantor and received by Amthor by registered mail, return receipt requested. Revocation of this Guaranty by any Guarantor will not relieve a revoking Guarantor of liability for obligations contained herein incurred by Applicant prior to Amthor’s receipt of notice of revocation. Each Guarantor agrees that Amthor may obtain a personal credit report to determine his/her/its creditworthiness. Guarantor authorizes Amthor, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (a) to sell products to Applicant and to extend credit to Applicant or increase Applicant's credit limit; (b) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness; (c) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (d) to sell, transfer or assign the Indebtedness; and (h) to assign or transfer this Guaranty in whole or in part. This Guaranty is an absolute, continuing, unconditional and unlimited guarantee of payment and shall be enforceable before or after proceeding against Applicant, and without any resort to any collateral or other Guarantor or surety. This Guaranty shall be governed by the laws of the Commonwealth of Virginia regardless of its choice of law principles, and Guarantor hereby irrevocably consents to and waives any objection to the exclusive jurisdiction of the state courts sitting in Pittsylvania County, Virginia or federal court sitting in Danville, Virginia. This Guaranty shall be binding upon Guarantor, and his or her successors, assigns, heirs, executors and legal representatives.
GUARANTOR HEREBY AUTHORIZES AND CONSENTS TO ANY CONTACT WITH OR INQUIRY OF ANY PERSON, INDIVIDUAL, OR ENTITY OF ANY KIND, REGARDING GUARANTOR'S CREDIT HISTORY OR OTHER FINANCIAL INFORMATION, INCLUDING BANK AND TRADE REFERENCES AND ANY CREDIT REPORTING AGENCIES.
BY SIGNING THIS GUARANTEE, I ACKNOWLEDGE THAT I HAVE READ AND AGREED TO THE AMTHOR INTERNATIONAL, INC. TERM AND CONDITIONS OF ACCOUNT.
By submitting this application:
I certify that the information stated in this application is true and correct. I understand that you will retain this application whether or not it is approved. You and/or entities to whom you refer this application are authorized to check my credit and employment history, obtain insurance information and to answer questions about your credit experience with me. I authorize you and/or entities to whom you refer this application to contact my creditors and authorize any creditor so contacted to release to you such credit information as you may request. I further authorize you and/or entities to whom you refer this application to share this application and my information, including credit bureau reports and credit references, with potential purchasers or assignees of transactions that result from this application. Notice: To help the government fight the funding of terrorism and money laundering activities, U.S. Federal law requires financial institutions to obtain, verify and record information that identifies each person (individuals or businesses) who opens an account. What this means for you: When you open an account or add any additional service, we will ask you for your name, address, and taxpayer identification number that will allow us to identify you. We may also ask to see other identifying documents. Your signature may be required at final approval.