Preview
FILED: NASSAU COUNTY CLERK 03/04/2022 05:48 PM INDEX NO. 602826/2022
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/04/2022
"C."
Exhibit
Guaranty-(Good Guy)
Dated : October __,
2018
Guarantor:
Mr.Ben Zion Alcalay -Good Guy
18161 Daybreak Drive.
Boca Raton,Florida 33496
(SSN: )
Landlord:107Northern
Boulevard Realty LLC
Tenant: Atlas Cybersecurity ,LLC
Premises: 107 Northern Boulevard , Suite 408 (Sulte 408 & 407 Cambo) Great
Neck,New York '11021
Witnesseth:
herewith the Landlord is entering into a certain
Wheresas, concurrently
Lease,(the "Lease") with the tenant for the premises : and
Whereas, In order to induce the 1.andlordto enter said Lease,the Guarantor has
agreed to give the Guaranty of the obligations of Tenant under said lease.
NOW THEREFORE,in consideration of 10 Dollars, and other valuable
consideration
the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
guaranty to the Landlord the
1) The Guarantor does hereby uncer±Tr::!!·;
due and punctual payment,performance
and compliance with of all of the
or compiled with by
terms, covenants and conditions to be paid, performed
Tenant under the Leaseand all extensions and renewals thereof
including
FILED: NASSAU COUNTY CLERK 03/04/2022 05:48 PM INDEX NO. 602826/2022
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/04/2022
reasonable attorney's fees (collectively referred to herein as the
"Obligations".
2)This Guaranty is irrevocable ,continuing indivisible and unconditional and
,except as otherwise provided herein, may be proceeded upon immediately
after notice to Tenant and it's opportunity to pay ,perform or comply with
any of the obligations pursuant to the Lease, without any prior action or
proceeding against the tenant. The Guarantor hereby consents and waives
notice of the following, none of which shall affect, change or discharge the
liability of the Guarantor hereunder: (A) any change in the terms of the
Lease between the Tenant and the Landlord; and (b) the acceptance
,alteration ,release or substitution by the Landlord of any security for the
Obligations ,whether provided by the Guarantor or any person authorized
by the Tenant.
3)The Guarantor hereby expressly waives the following: (A) acceptance and
notice of acceptance of the Guaranty by Landlord;(B) notice of extension of
time of the payment, performance and compliance with ,or the renewal or
alteration of the terms and conditions of ,any Obligations;(C) notice of any
demand for payment ,otherwise be entitled in connection with the
Guaranty or the Obligations of the Tenant hereby guarantied ; and (E) trial
by jury and the right thereto in any action or proceeding of any kind or
nature ,arising on ,under or by reason of ,or relating in any way to ,the
Guaranty or the Obligations.
4) All remedies of the Landlord by reason of or under the Guaranty are
separate and cumulative remedies and it is agreed that no one of such
remedies shall be deemed in exclusion of any other remedies available to
the Landlord.
5)The Guarantor represents and warrants that the Guarantor has full power
and authority to execute, deliver and perform this Guaranty ,and that
neither the execution, delivery nor performance of the Guaranty will violate
any law or regulation ,or any order or decree of any court or governmental
authority ,or will conflict with, or result in breach of, or constitute a default
under ,any agreement or other instrument to which the Guarantor is a
party ,or by which Guarantor may be bound ,or will result in the creation or
imposition of any lien, claim or encumbrance upon any property of
Guarantor.
FILED: NASSAU COUNTY CLERK 03/04/2022 05:48 PM INDEX NO. 602826/2022
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/04/2022
s
/ AIM
Guarantor Signatur
OIANSIM/
Date 17Ll li lig
State Of New York rtv..7(11
A-
.
County Of
On the I ('°
' day of October in the year
2018 before me, the und
personally appeared Mr. ersigned,
Ben Zion Alcalay , personal
ly known to me or proved
me on the basis of satisfact
ory evidence to be the indi
to
subscribed to the within instr vidual whose name
is
ument and acknowledge
the same in his capacity d to me that she executed
and by that by his signatur
e on the instrument, the
individual or the person
upon behalf of which the
individual acted, executed
instrunr\r,t. the
Notary Public
.9.10
YANIVALCALAY
* MY COMMISSION # FF 985109
EXPIRES: April 24, 2020
eoF
to Bonded Tin Budget Notary Servic
es
FILED: NASSAU COUNTY CLERK 03/04/2022 05:48 PM INDEX NO. 602826/2022
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/04/2022
6)This Guaranty may not be changed or terminated orally. No Modification or
waiver of any provision of the Guaranty shall be effective unless such
modification or waiver shall be in writing and signed by the Landlord and
Guarantor ,and the same shall then be effective only for the period and on
the conditions and for the specific instances and purposes specified in such
writing. No Course of dealing with between the Guarantor and the
Landlord, in exercising any rights or remedies hereunder shall operate as a
waiver or preclude the exercise of any other rights or remedies hereunder.
7)This Guaranty shall be construed in accordance with and governed by, the
laws of the State Of New York .No invalidity ,irregularity or unenforceability
of any Obligation shall affect ,impair or be a defense to the unenforceability
of any obligation of the Tenant to the Landlord ,the Guaranty shall remain
In full force and effect and shall be binding in accordance with its terms
upon the Guarantor and the heirs ,executors, administrators, legal
representative ,successors and assigns of the Guarantor.
8)This Guaranty shall be binding upon and imure to the benefit of the parties
hereto and their respective heirs, executors, administrators, legal
representatives, successors and assigns.
9) Regardless of anything stated herein, the tenant may surrender possession
of the premises after (12) months with (2) months advanced written notice
or overnight ,Certified RRR,to Landlord .Tenant to pay a fee of $30,000.00 on the second
courier year,$20,000.00 on the 3r d year and $10,000.00 on the 4th year if leaving
before the lease end date.This is provided the Tenant surrenders
possession in "Broom Swept Condition" ,free of all occupants and contents
with all rents and additional rent(s) paid thru the date of vacatur, then ,this
Guaranty shall cover only those obligations that have occurred until the
termination date.
In Witness Whereof, the Guarantor has given and executed the Guaranty on the
date first above written.
In the Ptesence Of.
jag 07-144
'9671 5
-"iL,2
S/16Va-1, /UV `4.-a
Preview
FILED: NASSAU COUNTY CLERK 03/04/2022 05:48 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/04/2022 "C." Exhibit Guaranty-(Good Guy) Dated : October __, 2018 Guarantor: Mr.Ben Zion Alcalay -Good Guy 18161 Daybreak Drive. Boca Raton,Florida 33496 (SSN: ) Landlord:107Northern Boulevard Realty LLC Tenant: Atlas Cybersecurity ,LLC Premises: 107 Northern Boulevard , Suite 408 (Sulte 408 & 407 Cambo) Great Neck,New York '11021 Witnesseth: herewith the Landlord is entering into a certain Wheresas, concurrently Lease,(the "Lease") with the tenant for the premises : and Whereas, In order to induce the 1.andlordto enter said Lease,the Guarantor has agreed to give the Guaranty of the obligations of Tenant under said lease. NOW THEREFORE,in consideration of 10 Dollars, and other valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: guaranty to the Landlord the 1) The Guarantor does hereby uncer±Tr::!!·; due and punctual payment,performance and compliance with of all of the or compiled with by terms, covenants and conditions to be paid, performed Tenant under the Leaseand all extensions and renewals thereof including FILED: NASSAU COUNTY CLERK 03/04/2022 05:48 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/04/2022 reasonable attorney's fees (collectively referred to herein as the "Obligations". 2)This Guaranty is irrevocable ,continuing indivisible and unconditional and ,except as otherwise provided herein, may be proceeded upon immediately after notice to Tenant and it's opportunity to pay ,perform or comply with any of the obligations pursuant to the Lease, without any prior action or proceeding against the tenant. The Guarantor hereby consents and waives notice of the following, none of which shall affect, change or discharge the liability of the Guarantor hereunder: (A) any change in the terms of the Lease between the Tenant and the Landlord; and (b) the acceptance ,alteration ,release or substitution by the Landlord of any security for the Obligations ,whether provided by the Guarantor or any person authorized by the Tenant. 3)The Guarantor hereby expressly waives the following: (A) acceptance and notice of acceptance of the Guaranty by Landlord;(B) notice of extension of time of the payment, performance and compliance with ,or the renewal or alteration of the terms and conditions of ,any Obligations;(C) notice of any demand for payment ,otherwise be entitled in connection with the Guaranty or the Obligations of the Tenant hereby guarantied ; and (E) trial by jury and the right thereto in any action or proceeding of any kind or nature ,arising on ,under or by reason of ,or relating in any way to ,the Guaranty or the Obligations. 4) All remedies of the Landlord by reason of or under the Guaranty are separate and cumulative remedies and it is agreed that no one of such remedies shall be deemed in exclusion of any other remedies available to the Landlord. 5)The Guarantor represents and warrants that the Guarantor has full power and authority to execute, deliver and perform this Guaranty ,and that neither the execution, delivery nor performance of the Guaranty will violate any law or regulation ,or any order or decree of any court or governmental authority ,or will conflict with, or result in breach of, or constitute a default under ,any agreement or other instrument to which the Guarantor is a party ,or by which Guarantor may be bound ,or will result in the creation or imposition of any lien, claim or encumbrance upon any property of Guarantor. FILED: NASSAU COUNTY CLERK 03/04/2022 05:48 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/04/2022 s / AIM Guarantor Signatur OIANSIM/ Date 17Ll li lig State Of New York rtv..7(11 A- . County Of On the I ('° ' day of October in the year 2018 before me, the und personally appeared Mr. ersigned, Ben Zion Alcalay , personal ly known to me or proved me on the basis of satisfact ory evidence to be the indi to subscribed to the within instr vidual whose name is ument and acknowledge the same in his capacity d to me that she executed and by that by his signatur e on the instrument, the individual or the person upon behalf of which the individual acted, executed instrunr\r,t. the Notary Public .9.10 YANIVALCALAY * MY COMMISSION # FF 985109 EXPIRES: April 24, 2020 eoF to Bonded Tin Budget Notary Servic es FILED: NASSAU COUNTY CLERK 03/04/2022 05:48 PM INDEX NO. 602826/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/04/2022 6)This Guaranty may not be changed or terminated orally. No Modification or waiver of any provision of the Guaranty shall be effective unless such modification or waiver shall be in writing and signed by the Landlord and Guarantor ,and the same shall then be effective only for the period and on the conditions and for the specific instances and purposes specified in such writing. No Course of dealing with between the Guarantor and the Landlord, in exercising any rights or remedies hereunder shall operate as a waiver or preclude the exercise of any other rights or remedies hereunder. 7)This Guaranty shall be construed in accordance with and governed by, the laws of the State Of New York .No invalidity ,irregularity or unenforceability of any Obligation shall affect ,impair or be a defense to the unenforceability of any obligation of the Tenant to the Landlord ,the Guaranty shall remain In full force and effect and shall be binding in accordance with its terms upon the Guarantor and the heirs ,executors, administrators, legal representative ,successors and assigns of the Guarantor. 8)This Guaranty shall be binding upon and imure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. 9) Regardless of anything stated herein, the tenant may surrender possession of the premises after (12) months with (2) months advanced written notice or overnight ,Certified RRR,to Landlord .Tenant to pay a fee of $30,000.00 on the second courier year,$20,000.00 on the 3r d year and $10,000.00 on the 4th year if leaving before the lease end date.This is provided the Tenant surrenders possession in "Broom Swept Condition" ,free of all occupants and contents with all rents and additional rent(s) paid thru the date of vacatur, then ,this Guaranty shall cover only those obligations that have occurred until the termination date. In Witness Whereof, the Guarantor has given and executed the Guaranty on the date first above written. In the Ptesence Of. jag 07-144 '9671 5 -"iL,2 S/16Va-1, /UV `4.-a