By signing below or electronically, the undersigned represents and warrants that (1) Applicant has read this application in its entirety; (2) Applicant has the capacity to enter into a binding contract; (3) the undersigned is authorized to execute this application thereby binding Applicant to the terms and conditions herein (4) the information provided by Applicant is accurate and complete (5) Applicant and each individual signing on behalf of Applicant agree to the Terms and conditions herein. The applicant may choose to sign this Application electronically, and if signing electronically the electronic signature(s) of the signatories, whether digital or encrypted, are intended to authenticate such signatures and have the same force and effect as the use and delivery of manual signatures and give rise to a valid, enforceable, and fully effective agreement to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act or any other similar state laws, acts, or statutes based on the Uniform Electronic Transactions Act.
In consideration of the extension of credit to _____________ (“Customer”),Legal Business namethe undersigned guarantor(s)("Undersigned") jointly, unconditionally, and irrevocably guarantees to EquipmentShare.com Inc (together with its affiliates and subsidiaries, collectively "EquipmentShare") the full and prompt payment, performance and satisfaction by Customer of each and every one of its obligations to EquipmentShare, whether now in existence or arising on or after the date of this Guaranty whether absolute or contingent, and whether secured or unsecured, together with all fees and charges of whatsoever kind and nature arising therefrom or relating thereto. The Undersigned further agrees to indemnity EquipmentShare and hold it harmless from any loss, cost or expense (including, without limitation, reasonable attorney's fees and other costs of collection) arising from or as a result of any breach by Customer of its obligations to EquipmentShare or any breach by the Undersigned of Undersigned's obligations under this Guaranty.The Undersigned hereby waives demand for payment under this Guaranty, protest, presentment, any applicable homestead exemption(s), a notice of acceptance of this Guaranty, all set-offs and counterclaims; and all other notices customarily given and/or to which the Undersigned would otherwise be entitled. It is expressly understood that EquipmentShare will not be required to exhaust its legal remedies for recovery against Customer before seeking payment from the Undersigned and that the Undersigned is obligated, absolutely and immediately, to pay any amount owed to EquipmentShare by Customer and/or to perform any obligation due to EquipmentShare by Customer immediately upon Customer's failure to timely pay or perform. This is intended to be, and is, a continuing Guaranty applying to all transactions effected or to be effected, between EquipmentShare and Customer and shall not be revoked by the Undersigned except upon the receipt of written notice via certified mail with proof of delivery by EquipmentShare from the Undersigned, addressed to the attention of EquipmentShare's general counsel, to not enter into further agreements with Customer on the security of this Guaranty. Such revocation will only be effective with respect to any obligations by the Customer arising after the date such written revocation was received by EquipmentShare.This Guaranty is governed by the laws of the State of Missouri, without regard to conflict of laws principles. The undersigned and EquipmentShare agree that any judicial proceeding to resolve claims relating to this Guaranty will be brought to the federal or state courts of Boone County, Missouri or Dallas County, TX. Both the Undersigned and EquipmentShare consent to venue and personal jurisdiction in such courts. The Undersigned further agrees and authorizes EquipmentShare to investigate Undersigned's credit and financial information through any credit bureau or any other reasonable means including direct contact with past and present creditors. The Undersigned has caused this Guaranty to be executed on the date set forth below.