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In Jasper Lake Ventures Two LLC v. Beitler, No. 24-cv-7386, (S.D.N.Y. Dec. 16, 2025), Judge Lewis J. Liman of the U.S. District Court for the Southern District of New York reaffirmed that an absolute and unconditional guaranty operates as a broad waiver of guarantor defenses, including the defense that the lender allegedly prevented the guarantors from fulfilling their contractual obligations.
The court also held that while the guaranty preserved compulsory counterclaims, this carveout was limited to claims not expressly waived elsewhere in the guaranty.
The case provides an important affirmance that a court may not delve deeply into a lender's alleged conduct when a borrower has executed an absolute and unconditional guaranty.
In this Reuters and WestLaw Today article, Loeb Restructuring & Bankruptcy partners Bethany Simmons and Noah Weingarten analyze the Southern District of New York’s decision in Jasper Lake Ventures Two LLC v. Beitler, highlighting the powerful protections that absolute and unconditional guaranties provide to lenders under New York law. They explain how the court reaffirmed that such guaranties broadly waive nearly all guarantor defenses—including claims that the lender’s own conduct hindered performance—and that even preserved compulsory counterclaim carveouts do not revive defenses expressly waived elsewhere in the guaranty.
To read the full article, please visit Reuters’ website (subscription may be required).
The court also held that while the guaranty preserved compulsory counterclaims, this carveout was limited to claims not expressly waived elsewhere in the guaranty.
The case provides an important affirmance that a court may not delve deeply into a lender's alleged conduct when a borrower has executed an absolute and unconditional guaranty.
In this Reuters and WestLaw Today article, Loeb Restructuring & Bankruptcy partners Bethany Simmons and Noah Weingarten analyze the Southern District of New York’s decision in Jasper Lake Ventures Two LLC v. Beitler, highlighting the powerful protections that absolute and unconditional guaranties provide to lenders under New York law. They explain how the court reaffirmed that such guaranties broadly waive nearly all guarantor defenses—including claims that the lender’s own conduct hindered performance—and that even preserved compulsory counterclaim carveouts do not revive defenses expressly waived elsewhere in the guaranty.
To read the full article, please visit Reuters’ website (subscription may be required).
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