Is the Beverly Anns Cookie Guaranty considered absolute and unconditional?

According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, the guaranty associated with the franchise agreement is explicitly stated to be absolute and unconditional. This means that the guarantor's obligations are not dependent on any other person signing the guaranty, nor are they subject to conditions not expressly outlined in the guaranty itself or related documents.

This absolute and unconditional nature extends to various circumstances that might otherwise affect the enforceability of the debt. The guarantor's obligation to pay remains even if the underlying notes or agreements are deemed illegal, invalid, or unenforceable, including situations involving usury laws or forgery. Furthermore, the obligation persists even if the borrower or any other party responsible for the debt has their obligations discharged through bankruptcy, foreclosure, or other legal means.

The guaranty remains in full effect regardless of any actions taken by or against Beverly Anns Cookie or any related property in bankruptcy court. This includes actions such as property valuation or the imposition of secured or unsecured claim status. Even if payments made by other guarantors are later deemed voidable preferences under bankruptcy or insolvency laws, the guarantor's obligation to Beverly Anns Cookie remains intact.

Finally, the guaranty remains binding on the guarantor until Beverly Anns Cookie receives written notice of revocation, death, or incompetence. This ensures that Beverly Anns Cookie has a continuous and reliable guarantee of the debt, subject only to specific and documented exceptions.