Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), or any other termination of Borrower's existence as a goixx xxxxxess, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignmenx xxx xxe benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure of forfeiture proceedings, whether by judicial proceedings, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including dxxxxxx accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or xeasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the xxxxxxor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
Appears in 3 contracts
Samples: Promissory Note (Husker Ag LLC), Promissory Note (Husker Ag LLC), Promissory Note (Husker Ag LLC)
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's ’s existence as a goixx xxxxxessgoing business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's ’s property, any assignmenx xxx xxe assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Defective Collateralization. This Agreement or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Creditor or Forfeiture Proceedings. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loanLoan. This includes a garnishment of any of Borrower's ’s accounts, including dxxxxxx deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party Guarantor of any of the indebtedness Indebtedness or any guarantor, endorser, surety, or accommodation party Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty Guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of DefaultIndebtedness.
Appears in 3 contracts
Samples: Business Loan Agreement (Asset Based) (Mammoth Energy Partners LP), Business Loan Agreement (Asset Based) (Mammoth Energy Partners LP), Business Loan Agreement (Stingray Energy Services, Inc.)
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's ’s existence as a goixx xxxxxessgoing business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's ’s property, any assignmenx xxx xxe assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Defective Collateralization. This Agreement or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Creditor or Forfeiture Proceedings. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loanLoan. This includes a garnishment of any of Borrower's ’s accounts, including dxxxxxx deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower Xxxxxxxx as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower Xxxxxxxx gives Lender lender written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party Guarantor of any of the indebtedness Indebtedness or any guarantor, endorser, surety, or accommodation party Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty Guaranty of the indebtedness evidenced by this NoteIndebtedness. In Adverse Change. A material adverse change occurs in Borrower’s financial condition, or Xxxxxx believes the event prospect of a death, Lender, at its option, may, but shall not be required to, permit payment or performance of the guarantor's estate to assume unconditionally the obligations arising under the guaranty Loan is impaired. Insecurity. Lender in a manner satisfactory to Lender, and, in doing so, cure any Event of Defaultgood faith believes itself insecure.
Appears in 2 contracts
Samples: Business Loan Agreement (Asset Based) (Mammoth Energy Partners LP), Business Loan Agreement (Asset Based) (Mammoth Energy Partners LP)
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a goixx xxxxxessgoing business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignmenx xxx xxe assignment for the benefit of creditors, any type of anx xxxx xf creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture ProceedingsCREDITOR OR FORFEITURE PROCEEDINGS. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including dxxxxxx deposit accounts, with Lender. HoweverHowevex, this xxxx Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or xeasonableness reasonableness of the claim which is the basis xxx xxxxs of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the xxxxxxor creditor or forfeiture proceeding and deposits dxxxxxxs with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting GuarantorEVENTS AFFECTING GUARANTOR. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party Guarantor of any of the indebtedness or any guarantor, endorser, surety, or accommodation party Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In ADVERSE CHANGE. A material adverse change occurs in Borrower's financial condition, or Lender believes the event prospect of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event payment or performance of Defaultthis Note xx xxxaired.
Appears in 1 contract
Death or Insolvency. The dissolution death of Borrower (regardless of whether election to continue is made), or any other Grantor or the dissolution or termination of Borrower's or Grantor's existence as a goixx xxxxxessgoing business, the insolvency of BorrowerBorrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignmenx xxx xxe assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against BorrowerBorrower or Grantor. Creditor or Forfeiture ProceedingsCREDITOR OR FORFEITURE PROCEEDINGS. Commencement of foreclosure of foreclosure, replevin, repossession, attachment, levy, execution, or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower or Grantor, or by any governmental agency against the Collateral or any collateral securing the loanother assets of Borrower or Grantor. This includes a garnishment of any of Borrower's or Grantor's accounts, including dxxxxxx deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting GuarantorADVERSE CHANGE. Any A material adverse change occurs in Borrower's or Grantor's financial condition, or Lender believes the prospect of payment or performance of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of DefaultIndebtedness is impaired.
Appears in 1 contract
Samples: Omnibus Addendum to Promissory Notes (Genitope Corp)
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from the limited liability company, or any other termination of BorrowerGrantor's existence as a goixx xxxxxessgoing business or the death of any member, the insolvency of BorrowerGrantor, the appointment of a receiver for any part of BorrowerGrantor's property, any assignmenx xxx xxe assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against BorrowerGrantor. Creditor or Forfeiture ProceedingsCREDITOR OR FORFEITURE PROCEEDINGS. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower Grantor or by any governmental agency against the Collateral or any other collateral securing the loanIndebtedness. This includes a garnishment of any of BorrowerGrantor's accounts, including dxxxxxx accounts, deposit accounts with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower Grantor as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower Grantor gives Lender written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting GuarantorEVENTS AFFECTING GUARANTOR. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party Guarantor of any of the indebtedness Indebtedness or any guarantor, endorser, surety, or accommodation party such Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantorGuarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any the Event of Default.
Appears in 1 contract
Samples: Commercial Security Agreement (Last Mile Logistics Group, Inc.)
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a goixx xxxxxessgoing business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignmenx xxx xxe assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor DEFECTIVE COLLATERALIZATION. This Agreement or Forfeiture Proceedingsany of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. CREDITOR OR FORFEITURE PROCEEDINGS. Commencement of foreclosure of or forfeiture proceedings, . whether by judicial proceedingsproceeding, self-help, BUSINESS LOAN AGREEMENT LOAN NO: 55032 (CONTINUED) PAGE 4 ================================================================================ repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loanLoan. This includes a garnishment of any of Borrower's accounts, including dxxxxxx deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting GuarantorEVENTS AFFECTING GUARANTOR. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party Guarantor of any of the indebtedness Indebtedness or any guarantor, endorser, surety, or accommodation party Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty Guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of DefaultIndebtedness.
Appears in 1 contract
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from the limited liability company, or any other termination of BorrowerGrantor's existence as a goixx xxxxxessgoing business or the death of any member, the insolvency of BorrowerGrantor, the appointment of a receiver for any part of BorrowerGrantor's property, any assignmenx xxx xxe assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against BorrowerGrantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower Grantor or by any governmental agency against the Collateral or any other collateral securing the loanindebtedness. This includes a garnishment of any of BorrowerGrantor's accounts, including dxxxxxx accounts, deposit accounts with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower Grantor as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower Grantor gives Lender written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party Guarantor of any of the indebtedness or any guarantor, endorser, surety, or accommodation party such Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantorGuarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any the Event of Default.
Appears in 1 contract
Samples: Commercial Security Agreement (Obsidian Enterprises Inc)
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a goixx xxxxxessgoing business or the death of any member, the insolvency of Borrower, the appointment of a receiver rexxxxxx for any part of PROMISSORY NOTE Page 2 (continued) ================================================================================ Borrower's property, any assignmenx assignmxxx xxx xxe the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture ProceedingsCREDITOR OR FORFEITURE PROCEEDINGS. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including dxxxxxx accountsdexxxxx xxcounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or xeasonableness rexxxxxxxxness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the xxxxxxor xxxxxtor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting GuarantorEVENTS AFFECTING GUARANTOR. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party Guarantor of any of the indebtedness or any guarantor, endorser, surety, or accommodation party Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantorGuarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
Appears in 1 contract
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a goixx xxxxxessgoing business or the death of any member, the insolvency Insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignmenx xxx xxe assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture ProceedingsCREDITOR OR FORFEITURE PROCEEDINGS. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor or Borrower, any creditor of Borrower or by any governmental agency Grantor against any collateral securing the loanindebtedness, or by any governmental agency. This includes a garnishment garnishment, attachment, or levy on or of any of Borrower's accounts, including dxxxxxx accounts, deposit accounts with Lender. However, this Event event of Default shall not apply if there is a good faith dispute by Borrower or Grantor, as the case may be, as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding proceeding, and if Borrower or Grantor gives Lender written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with Lender monies furnishes reserves or a surety bond for the creditor or forfeiture proceeding, in an amount determined by proceeding satisfactory to Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting GuarantorEVENTS AFFECTING GUARANTOR. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party Guarantor of any of the indebtedness or any guarantor, endorser, surety, or accommodation party Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty Guaranty of the indebtedness evidenced by this Noteindebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantorGuarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any the Event of Default.. ADVERSE
Appears in 1 contract
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a goixx xxxxxessgoing business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of BorrowerXxxxxxxx's property, any assignmenx xxx xxe assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture ProceedingsCREDITOR OR FORFEITURE PROCEEDINGS. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of BorrowerXxxxxxxx's accounts, including dxxxxxx deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower Xxxxxxxx as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender Xxxxxx written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting GuarantorEVENTS AFFECTING GUARANTOR. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party Guarantor of any of the indebtedness or any guarantor, endorser, surety, or accommodation party Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In ADVERSE CHANGE. A material adverse change occurs in Borrower's financial condition, or Xxxxxx believes the event prospect of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event payment or performance of Defaultthis Note is impaired.
Appears in 1 contract
Samples: Business Loan Agreement (Craftmade International Inc)
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's ’s existence as a goixx xxxxxessgoing business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's ’s property, any assignmenx xxx xxe assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Defective Collateralization. This Agreement or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Creditor or Forfeiture Proceedings. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loanLoan. This includes a garnishment of any of Borrower's ’s accounts, including dxxxxxx deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower Xxxxxxxx as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender Xxxxxx written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party Guarantor of any of the indebtedness Indebtedness or any guarantor, endorser, surety, or accommodation party Guarantor dies or becomes incompetent, . or revokes or disputes the validity of, or liability under, any guaranty Guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of DefaultIndebtedness.
Appears in 1 contract
Samples: Business Loan Agreement (Lodging Fund REIT III, Inc.)
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a goixx xxxxxessgoing business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignmenx xxx xxe assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including dxxxxxx deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party Guarantor of any of the indebtedness or any guarantor, endorser, surety, or accommodation party Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the event prospect of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty payment or performance of this Note is impaired. Insecurity. Lender in a manner satisfactory to Lender, and, in doing so, cure any Event of Defaultgood faith believes itself insecure.
Appears in 1 contract
Samples: Promissory Note (Palweb Corp)
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a goixx xxxxxessgoing business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignmenx assignmexx xxx xxe xhe benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture ProceedingsCREDITOR OR FORFEITURE PROCEEDINGS. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including dxxxxxx accountsdepxxxx xxxounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or xeasonableness reaxxxxxxxxess of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the xxxxxxor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting GuarantorEVENTS AFFECTING GUARANTOR. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party Guarantor of any of the indebtedness or any guarantor, endorser, surety, or accommodation party Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantorGuarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
Appears in 1 contract
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), or any other termination of Borrower's existence as a goixx xxxxxessgoing business or the death of both Steve Fredrickson and Kevin Stevenson, or a trustee or receiver xx xxxxxxxxx xxx Borroxxx xx xxx xxx xx a substantial portion of the insolvency assets of Borrower, or Borrower makes a general assignment for the appointment of a receiver for any part benefit of Borrower's property, any assignmenx xxx xxe benefit of creditors, any type of creditor workoutor Borrower files for bankruptcy, or an involuntary bankruptcy petition is filed against Borrower and such involuntary petition remains undismissed for sixty (60) days. DEFECTIVE COLLATERALIZATION. This Agreement or any of the commencement Related Documents ceases to be in full force and effect (including failure of any proceeding under collateral document to create a valid and perfected security interest or lien) at any bankruptcy or insolvency laws by or against Borrowertime and for any reason. Creditor or Forfeiture ProceedingsCREDITOR OR FORFEITURE PROCEEDINGS. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loanLoan. This includes a garnishment of any of Borrower's accounts, including dxxxxxx deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting GuarantorEVENTS AFFECTING GUARANTOR. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party Guarantor of any of the indebtedness Indebtedness or any guarantor, endorser, surety, or accommodation party Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty Guaranty of the indebtedness evidenced by this NoteIndebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantorGuarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. ADVERSE CHANGE. A material adverse change occurs in Borrower's financial condition. RIGHT TO CURE. If any default, other than a default on Indebtedness, is curable and if Borrower or Grantor, as the case may be, has not been given a notice of a similar default within the preceding twelve (12) months, it may be cured (an no Event of Default will have occurred) if Borrower or Grantor, as the case may be, after receiving written notice from Lender demanding cure of such default: (1) cure the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
Appears in 1 contract
Samples: Business Loan Agreement (Portfolio Recovery Associates Inc)
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other ether termination of Borrower's existence as a goixx xxxxxessgoing business or the death of any member, the insolvency Insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignmenx xxx xxe assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor DEFECTIVE COLLATERALIZATION. This Agreement or Forfeiture Proceedingsany of the related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. CREDITOR OR FORFEITURE PROCEEDING. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loanLoan. This includes a garnishment of or any of Borrower's Borrowers accounts, including dxxxxxx Including deposit accounts, with Lender. However, this Event event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting GuarantorEVENTS AFFECTING GUARANTOR. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party Guarantor of any of the indebtedness Indebtedness or any guarantor, endorser, surety, or accommodation party Guarantor dies or becomes incompetentIncompetent, or revokes or disputes the validity of, or liability under, any guaranty Guaranty of the indebtedness evidenced by this NoteIndebtedness. In in the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
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Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a goixx xxxxxessgoing business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignmenx xxx xxe assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture ProceedingsCREDITOR OR FORFEITURE PROCEEDINGS. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loanIndebtedness. This includes a garnishment of any of BorrowerBurrower's accounts, including dxxxxxx deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with CHANGE IN TERMS AGREEMENT LOAN NO: 55032 (CONTINUED) PAGE 2 ================================================================================ Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting GuarantorEVENTS AFFECTING GUARANTOR. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty Guaranty of the indebtedness Indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
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Death or Insolvency. The dissolution of Borrower Grantor’s (regardless of whether election to continue is made). any member withdraws from the limited liability company, or any other termination of Borrower's Grantor’s existence as a goixx xxxxxess, going business or the death of any member. the insolvency of Borrower, Granter. the appointment of a receiver for any part of Borrower's Gxxxxxx’s property, any assignmenx xxx xxe assignment for the benefit of creditors, . any type of creditor workout, . or the commencement of any proceeding under any bankruptcy or insolvency laws by or against BorrowerGranter. Creditor or Forfeiture Proceedings. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower Granter or by any governmental agency against the Rents or any collateral property securing the loanIndebtedness. This includes a garnishment of any of Borrower's Grantor’s accounts, including dxxxxxx deposit accounts, with LenderLxxxxx. However, this Event of Default shall not apply if there is a good faith dispute by Borrower Granter as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower Grantor gives Lender Lxxxxx written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Property Damage or Loss. The Property is lost, stolen, substantially damaged, sold, or borrowed against. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party Guarantor of any of the indebtedness Indebtedness or any guarantor, endorser, surety, or accommodation party Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, . any guaranty Guaranty of the indebtedness evidenced by this NoteIndebtedness. In Adverse Change. A material adverse change occurs in Grantor’s financial condition, or Lxxxxx believes the event prospect of a death, Lender, at its option, may, but shall not be required to, permit payment or performance of the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of DefaultIndebtedness is impaired.
Appears in 1 contract
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a goixx xxxxxessgoing business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignmenx xxx xxe assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture ProceedingsCREDITOR OR FORFEITURE PROCEEDINGS. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loanindebtedness. This includes a garnishment of any of Borrower's accounts, including dxxxxxx deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in . In its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting GuarantorEVENTS AFFECTING GUARANTOR. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty Guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
Appears in 1 contract
Samples: Change in Terms Agreement (Husker Ag Processing LLC)
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower. or any other termination of Borrower's Bxxxxxxx’s existence as a goixx xxxxxessgoing business or the death of any member, the insolvency of BorrowerBxxxxxxx, the appointment of a receiver for any part of Borrower's Bxxxxxxx’s property, any assignmenx xxx xxe assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's ’s accounts, including dxxxxxx deposit accounts, with Lender. However, . this Event of Default shall not apply if there is a good faith dispute by Borrower Bxxxxxxx as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower Bxxxxxxx gives Lender Lxxxxx written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party Guarantor of any of the indebtedness or any guarantor, endorser, surety, or accommodation party Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In Adverse Change. A material adverse change occurs in Borrower’s financial condition, or Lxxxxx believes the event prospect of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event payment or performance of Defaultthis Note is impaired.
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Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), or any other termination of Borrower's Borrowers existence as a goixx xxxxxessgoing business or the death of any partner, the insolvency of BorrowerXxxxxxxx, the appointment of a receiver for any part of Borrower's Borrowers property, any assignmenx xxx xxe assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Defective Collateralization. This Agreement or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Creditor or Forfeiture Proceedings. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loanLoan. This includes a garnishment of any of Borrower's Borrowers accounts, including dxxxxxx deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower Xxxxxxxx as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender Xxxxxx written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party Guarantor of any of the indebtedness Indebtedness or any guarantor, endorser, surety, or accommodation party Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty Guaranty of the indebtedness evidenced by this NoteIndebtedness. In the event of a death, . Lender, at its option, may, but shall not be required to, permit the guarantor's Guarantor’s estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
Appears in 1 contract
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a goixx xxxxxessgoing business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of BorrowerXxxxxxxx's property, any assignmenx xxx xxe assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor DEFECTIVE COLLATERALIZATION. This Agreement or Forfeiture Proceedingsany of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. BUSINESS LOAN AGREEMENT (ASSET BASED) (CONTINUED) PAGE 6 CREDITOR OR FORFEITURE PROCEEDINGS. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loanLoan. This includes a garnishment of any of BorrowerXxxxxxxx's accounts, including dxxxxxx deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower Xxxxxxxx as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender Xxxxxx written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting GuarantorEVENTS AFFECTING GUARANTOR. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party Guarantor of any of the indebtedness Indebtedness or any guarantor, endorser, surety, or accommodation party Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty Guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of DefaultIndebtedness.
Appears in 1 contract
Samples: Business Loan Agreement (Craftmade International Inc)
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), or any other termination of Borrower's Xxxxxxxx’s existence as a goixx xxxxxessgoing business or the death of any partner, the insolvency of BorrowerXxxxxxxx, the appointment of a receiver for any part of Borrower's Xxxxxxxx’s property, any assignmenx xxx xxe assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Defective Collateralization. This Agreement or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Creditor or Forfeiture Proceedings. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loanLoan. This includes a garnishment of any of Borrower's ’s accounts, including dxxxxxx deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower Xxxxxxxx as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender Xxxxxx written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party Guarantor of any of the indebtedness Indebtedness or any guarantor, endorser, surety, or accommodation party Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty Guaranty of the indebtedness evidenced by this NoteIndebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, Loan No: 109080156 (Continued) permit the guarantor's Guarantor’s estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
Appears in 1 contract
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's ’s existence as a goixx xxxxxessgoing business or the death of any member, the insolvency of BorrowerXxxxxxxx, the appointment of a receiver for any part of Borrower's Xxxxxxxx’s property, any assignmenx xxx xxe assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against BorrowerXxxxxxxx. Defective Collateralization. This Agreement or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Creditor or Forfeiture Proceedings. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedingsproceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loanLoan. This includes a garnishment of any of Borrower's ’s accounts, including dxxxxxx deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower Xxxxxxxx as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender Xxxxxx written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party Guarantor of any of the indebtedness Indebtedness or any guarantor, endorser, surety, or accommodation party Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty Guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of DefaultIndebtedness.
Appears in 1 contract
Samples: Business Loan Agreement (Lodging Fund REIT III, Inc.)
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a goixx xxxxxessgoing business, the insolvency of the Borrower, the appointment of a receiver for any part of BorrowerXxxxxxxx's property, any assignmenx xxx xxe assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws Insolvency Laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure of or forfeiture proceedings, whether by judicial proceedings, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of BorrowerXxxxxxxx's accounts, including dxxxxxx deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower Xxxxxxxx as to the validity or xeasonableness reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender Xxxxxx written notice of the xxxxxxor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, Guarantor or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantorGuarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
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