Friday, November 24, 2017 9:02:44 AM
MoviePass Guaranty
On November 22, 2017, Helios and Matheson Analytics Inc. (“HMNY”) entered into a commercial guaranty (the “Guaranty”) in favor of PayPal, Inc. (“PayPal”) pursuant to which HMNY agreed to guarantee the payment obligations of MoviePass Inc. (“MoviePass”) to PayPal under a payment services agreement by and between PayPal and MoviePass. In accordance with the terms of the Guaranty, PayPal can enforce the Guaranty against HMNY even when PayPal has not exhausted its remedies against anyone else obligated to pay MoviePass’ payment obligations or against any collateral securing such obligations. HMNY may terminate the Guaranty on 180 days written notice; provided, however, that the Guaranty will continue in full force until all of MoviePass’ payment obligations incurred or contracted before and during such 180 day period have been fully paid.
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