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 going business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower’s property, any 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 or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the indebtedness. This includes a garnishment of any of Borrower’s accounts, including 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 reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the 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.
Appears in 2 contracts
Samples: Change in Terms Agreement (Husker Ag Processing LLC), 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 existence as a going business or the death of any member, or a trustee or receiver is appointed for Borrower or for all or a substantial portion of the insolvency assets of Borrower, the appointment of or Borrower makes a receiver for any part of Borrower’s property, any general assignment for the benefit of Borrower’s creditors, any type of creditor workoutor Borrower files for bankruptcy, or the commencement of any proceeding under any an involuntary bankruptcy or insolvency laws by or petition is filed against BorrowerBorrower and such involuntary petition remains undismissed for sixty (60) days. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the indebtednessIndebtedness. This includes a garnishment of any of Borrower’s accounts, including 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 reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the 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.
Appears in 2 contracts
Samples: Change in Terms Agreement (Medalist Diversified REIT, Inc.), Change in Terms Agreement (Medalist Diversified REIT, 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 going 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 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 or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the indebtednessIndebtedness. This includes a garnishment of any of Borrower’s 's accounts, including 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 reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the 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.
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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 going business or the death of any member, or trustee or receiver is appointed for Borrower or for all or a substantial portion of the insolvency assets of Borrower, the appointment of or Borrower makes a receiver for any part of Borrower’s property, any general assignment for the benefit of Borrower’s creditors, any type of creditor workoutor Borrower files for bankruptcy, or the commencement of any proceeding under any an involuntary bankruptcy or insolvency laws by or petition is filed against BorrowerBorrower and such involuntary petition remains undismissed for sixty (60) days. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceedingproceedings, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the indebtedness. This includes a garnishment of any of Borrower’s accounts, including 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 reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the 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.
Appears in 1 contract
Samples: Change in Terms Agreement (Portfolio Recovery Associates Inc)
Death or Insolvency. The dissolution death of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other Grantor or the dissolution or termination of Borrower’s Xxxxxxxx's or Grantor's existence as a going business or the death of any memberbusiness, the insolvency of BorrowerBorrower or Grantor, the appointment of a receiver for any part of Borrower’s Xxxxxxxx's or Grantor's property, any 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 Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency against any collateral securing the indebtednessIndebtedness. This includes a garnishment of any of Borrower’s 's or Grantor's accounts, including 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 reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender Xxxxxx written notice of the 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.
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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 going business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower’s property, any 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 or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the indebtednessIndebtedness. This includes a garnishment of any of Borrower’s accounts, including 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 reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the 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.
Appears in 1 contract
Samples: Change in Terms Agreement (Foundation Healthcare, Inc.)
Death or Insolvency. The dissolution death of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other the dissolution or termination of Borrower’s existence as a going business business, or a trustee or receiver is appointed for Borrower or for all or a substantial portion of the death of any member, the insolvency assets of Borrower, the appointment of or Borrower makes a receiver for any part of Borrower’s property, any general assignment for the benefit of Borrower’s creditors, any type of creditor workoutor Borrower files for bankruptcy, or the commencement of any proceeding under any an involuntary bankruptcy or insolvency laws by or petition is filed against BorrowerBorrower and such involuntary petition remains undismissed for sixty (60) days. Creditor or of Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the indebtednessIndebtedness. This includes a garnishment of any of Borrower’s accounts, including 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 reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the 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.
Appears in 1 contract
Samples: Change in Terms 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 termination of Borrower’s 's existence as a going business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower’s Xxxxxxxx's property, any 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 or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the indebtednessloan. This includes a garnishment of any of Borrower’s Xxxxxxxx's accounts, including 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 reasonableness of the claim which is the basis of the creditor or PROMISSORY NOTE Loan No: 60365 forfeiture proceeding and if Borrower gives Lender Xxxxxx written notice of the 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 Xxxxxx, in its sole discretion, as being an adequate reserve or bond for the dispute.
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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 's existence as a going business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower’s Bxxxxxxx's property, any 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 or forfeiture proceedings, whether by judicial Judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the indebtednessloan. This includes a garnishment of any of Borrower’s Borrowers accounts, including 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 reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender Lxxxxx written notice of the 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.
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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 going business or the death of any member, or a trustee or receiver is appointed for Borrower or for all or a substantial portion of the insolvency assets of Borrower, the appointment of or Borrower makes a receiver for any part of Borrower’s property, any general assignment for the benefit of Borrower’s creditors, any type of creditor workoutor Borrower files for bankruptcy, or the commencement of any proceeding under any an involuntary bankruptcy or insolvency laws by or petition is filed against BorrowerBorrower and such involuntary petition remains undismissed for sixty (60) days. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the indebtedness. This includes a garnishment of any of Borrower’s accounts, including 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 reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the 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.
Appears in 1 contract
Samples: Change in Terms Agreement (Wheeler Real Estate Investment Trust, Inc.)
Death or Insolvency. The dissolution of Borrower Grantor's (regardless of whether election to continue is made), any member withdraws from Borrowerthe limited liability company, or any other termination of Borrower’s Grantor's existence as a going business or of the death of any member, the insolvency of BorrowerGrantor, the appointment of a receiver for any part of Borrower’s Grantor's property, any 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 or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower Grantor or by any governmental agency against any collateral property securing the indebtednessIndebtedness. This includes a garnishment of any of Borrower’s Grantor's accounts, including 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 reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower Grantor gives Lender written notice of the 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.
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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 going business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower’s property, any 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 or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the indebtednessIndebtedness. This includes a garnishment of any of Borrower’s accounts, including 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 reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the 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.
Appears in 1 contract
Samples: Change in Terms Agreement (Foundation Healthcare, 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 going business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower’s property, any 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 or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the indebtednessIndebtedness. This includes a garnishment of any of Borrower’s accounts, including 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 reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender Xxxxxx written notice of the 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.
Appears in 1 contract
Samples: Change in Terms Agreement (Foundation Healthcare, 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 going business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower’s property, any 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 or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the indebtednessIndebtedness. This includes a garnishment of any of Borrower’s accounts, including 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 reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender Lxxxxx written notice of the 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.
Appears in 1 contract
Samples: Change in Terms Agreement (Century Casinos Inc /Co/)