Common use of DEFAULT AND ACCELERATION Clause in Contracts

DEFAULT AND ACCELERATION. Upon the occurrence of any one or more of the following events of default: (a) Customer fails to pay any amount when due under this Agreement or under any other instrument evidencing any other indebtedness of any Customer to Bank, (b) any representation or warranty made under this Agreement or information provided by Customer in connection with this Agreement is or was false or fraudulent in any material respect, (c) a material adverse change occurs in Customer's financial condition, (d) Customer fails to timely observe or perform any of the covenants or duties contained in this Agreement, (e) any guaranty of Customer's obligations under this Agreement is revoked or becomes unenforceable for any reason or any such guarantor dies, or (f) an event of default occurs under any security agreement securing payment under this Agreement, then, at Bank's option, and upon written or verbal notice to any Customer, Bank's obligation to make Loans under this Agreement shall terminate and this total unpaid balance shall become immediately due and payable without [o], demand, protest, or further notice of any kind, all of which are hereby expressly waived by Customer. Bank's obligation to make Loans under this Agreement will automatically terminate and the total unpaid balance shall automatically become due and payable in the event any Customer or guarantor becomes the subject of bankruptcy or other insolvency proceedings. Bank's receipt of any payment on this Agreement after the occurrence of an event of default shall not constitute a waiver of the default of the Bank's rights and remedies upon such default. All Customer's and guarantors agree to pay all costs of collecting before and after judgment, including reasonable attorneys' fees (including those incurred in successful defenses or settlement of any counterclaim brought by Customer or incident to any action or proceeding involving Customer brought pursuant to the United State Bankruptcy Code) providing, however, that if Arizona law is applicable to this Agreement and if the Credit Line is $10,000 or less. Customer agrees to pay court costs, expenses and reasonable attorneys' fees if the Loans are referred for collection to an attorney other than a salaried employee of Bank. Bank may amend the terms of this Agreement including the Credit Line, from time to time, and will mail to Customer at Customer's last known address shown on the records of Bank, advance written notice of any such amendment. To the extent permitted by law, amendments will apply to outstanding Loan balances and to future Loans.

DEFAULT AND ACCELERATION. Upon the occurrence of any one or more of the following events of default: (a) Customer fails to pay any amount when due under this Agreement or under any other instrument evidencing any other indebtedness of any Customer to BankCustomer, (b) any representation or warranty made under this Agreement or information provided by Customer in connection with this Agreement is or was false or fraudulent in any material respect, (c) a material adverse change occurs in Customer's financial condition, (d) Customer fails to timely observe or perform any of the covenants or duties contained in this Agreement, (ea) any guaranty of Customer's obligations under this Agreement is revoked or becomes unenforceable for far any reason or any such guarantor diesdies or ceases to exist, or (f) an event of default occurs under any security agreement securing payment under this Agreement, Security Document; then, at BankXxxxxx's option, and upon written or verbal notice to any Customer, BankXxxxxx's obligation to make Loans under this Agreement shall terminate and this the total unpaid balance shall become immediately due and payable without [o]presentment, demand, protest, or further notice of any kind, . all of which are hereby expressly waived by Customer. BankLender's obligation to make Loans loans under this Agreement will shall automatically terminate and the total unpaid balance shall automatically become due and payable in the event any Customer or guarantor becomes the subject of bankruptcy or other insolvency proceedings. Bank's receipt of Lender may waive any payment on this Agreement after the occurrence of an event of default shall not constitute a waiver of the default of the Bank's rights and remedies upon such without waiving any other subsequent or prior default. All CustomerCustomer agrees to pay Xxxxxx's and guarantors agree costs of administration of this Agreement. Customer also agrees to pay all costs of collecting collection before and after judgment, including reasonable attorneys' fees (including those incurred in successful defenses defense or settlement of any counterclaim brought by Customer or incident to any action or proceeding involving Customer brought pursuant to the United State States Bankruptcy Code) providing, however, that if Arizona law is applicable to this Agreement and if the Credit Line is $10,000 or less. Customer agrees to pay court costs, expenses and reasonable attorneys' fees if the Loans are referred for collection to an attorney other than a salaried employee of Bank. Bank may amend the terms of this Agreement including the Credit Line, from time to time, and will mail to Customer at Customer's last known address shown on the records of Bank, advance written notice of any such amendment. To the extent permitted by law, amendments will apply to outstanding Loan balances and to future Loans).

DEFAULT AND ACCELERATION. Upon the occurrence of any one or more of the following events of default: (a) Customer fails to pay any amount when due under this Agreement or under any other instrument evidencing any other indebtedness of any Customer to Bank, Customer; (b) any representation or warranty made under this Agreement or information provided by Customer in connection with this Agreement is or was false or fraudulent in any material respect, ; (c) a material adverse change occurs in Customer's ’s financial condition, ; (d) any guaranty of Customer’s obligations under this Agreement is revoked or becomes unenforceable for any reason; (e) an event of default occurs under any Security Document; (f) a sale, lease or other disposition of the assets of the Customer occurs, except for sales of inventory in the ordinary course of business; (g) Customer fails to timely observe or perform any of the covenants or duties contained in this Agreement, (e) any guaranty of Customer's obligations under this Agreement is revoked or becomes unenforceable for any reason or any such guarantor dies, ; or (fh) an event of default occurs under Customer merges or consolidates with any security agreement securing payment under this Agreementother business enterprise, then, unless Customer is the surviving entity in such merger or consolidation; then at Bank's Lender’s option, and upon notice written or verbal notice to any Customer, Bank's Lender’s obligation to make Loans under this Agreement shall terminate and this the total unpaid balance shall immediately become immediately due and payable without [o]presentment, demand, protest, or further notice of any kind, all of which are hereby expressly waived by Customer. Bank's Lender’s obligation to make Loans under this Agreement will shall automatically and immediately terminate and the total unpaid balance shall automatically and immediately become due and payable in the event any Customer or guarantor becomes the subject of bankruptcy or other insolvency proceedings. Bank's receipt of Lender may waive any payment on this Agreement after the occurrence of an event of default shall not constitute a waiver of the default of the Bank's rights and remedies upon such without waiving any other subsequent or prior default. All Customer's and guarantors agree Customer agrees to pay Lender’s costs of administration of this Agreement. Customer also agrees to pay all costs of collecting collection before and after judgment, including reasonable attorneys' ’ fees (including those incurred in successful defenses defense or settlement of any counterclaim brought by Customer or incident to any action or proceeding involving Customer brought pursuant to the United State U.S. Bankruptcy Code) providing, however, that if Arizona law is applicable to this Agreement and if the Credit Line is $10,000 or less. Customer agrees to pay court costs, expenses and reasonable attorneys' fees if the Loans are referred for collection to an attorney other than a salaried employee of Bank. Bank may amend the terms of this Agreement including the Credit Line, from time to time, and will mail to Customer at Customer's last known address shown on the records of Bank, advance written notice of any such amendment. To the extent permitted by law, amendments will apply to outstanding Loan balances and to future Loans.

DEFAULT AND ACCELERATION. Upon the occurrence of any one or more of the following events of default: (a) Customer fails to pay any amount when due under this Agreement or under any other instrument evidencing any other indebtedness of any Customer to BankCustomer, (b) any representation or warranty made under this Agreement or information provided by Customer in connection with this Agreement is or was false or fraudulent in any material respect, (c) a material adverse change occurs in Customer's ’s financial condition, (d) Customer fails to timely observe or perform any of the covenants or duties contained in this Agreement, (e) any guaranty of Customer's ’s obligations under this Agreement is revoked or becomes unenforceable for any reason or any such guarantor dies, ceases to exist, or becomes the subject of any bankruptcy or insolvency proceeding, or (f) an event of default occurs under any security agreement securing payment under this Agreement, Security Document; then, at Bank's Lender’s option, and upon written or verbal notice to any Customer, Bank's Lender’s obligation to make Loans under this Agreement shall terminate and this the total unpaid balance shall become immediately due and payable without [o]presentment, demand, protest, or further notice of any kind, all of which are hereby expressly waived by Customer. Bank's Lender’s obligation to make Loans loans under this Agreement will shall automatically terminate and the total unpaid balance shall automatically become due and payable in the event any Customer or guarantor becomes the subject of bankruptcy or other insolvency proceedings. Bank's receipt of Lender may waive any payment on this Agreement after the occurrence of an event of default shall not constitute a waiver of the default of the Bank's rights and remedies upon such without waiving any other subsequent or prior default. All Customer's and guarantors agree Customer agrees to pay Lender’s costs of administration of this Agreement. Customer also agrees to pay all costs of collecting collection before and after judgment, including reasonable attorneys' ’ fees (including those incurred in successful defenses defense or settlement of any counterclaim brought by Customer or incident to any action or proceeding involving Customer brought pursuant to the United State States Bankruptcy Code) providing, however, that if Arizona law is applicable to this Agreement and if the Credit Line is $10,000 or less. Customer agrees to pay court costs, expenses and reasonable attorneys' fees if the Loans are referred for collection to an attorney other than a salaried employee of Bank. Bank may amend the terms of this Agreement including the Credit Line, from time to time, and will mail to Customer at Customer's last known address shown on the records of Bank, advance written notice of any such amendment. To the extent permitted by law, amendments will apply to outstanding Loan balances and to future Loans).

DEFAULT AND ACCELERATION. Upon the occurrence of any one or more of the following events of default: (a) Customer fails to pay any amount when due under this Agreement or under any other instrument evidencing any other indebtedness of any Customer to BankCustomer, (b) any representation or warranty made under this Agreement or information provided by Customer in connection with this Agreement is or was false or fraudulent in any material respect, (c) a material adverse change occurs in Customer's financial condition, (d) Customer fails to timely observe or perform any of the covenants or duties contained in this Agreement, (e) any guaranty of Customer's obligations under this Agreement is revoked or becomes unenforceable for any reason or any such guarantor diesdies or ceases to exist, or (f) an event of default occurs under any security agreement securing payment under this Agreement, Security Document; then, at BankLender's option, and upon written or verbal notice to any Customer, BankLender's obligation to make Loans under this Agreement shall terminate and this the total unpaid balance shall become immediately due and payable without [o]presentment, demand, protest, or further notice of any kind, all of which are hereby expressly waived by Customer. BankLender's obligation to make Loans loans under this Agreement will shall automatically terminate and the total unpaid balance shall automatically become due and payable in the event any Customer or guarantor becomes the subject of bankruptcy or other insolvency proceedings. Bank's receipt of Lender may waive any payment on this Agreement after the occurrence of an event of default shall not constitute a waiver of the default of the Bank's rights and remedies upon such without waiving any other subsequent or prior default. All CustomerCustomer agrees to pay Lender's and guarantors agree costs of administration of this Agreement. Customer also agrees to pay all costs of collecting collection before and after judgmentJudgment, including reasonable attorneys' fees (including those incurred in successful defenses defense or settlement of any counterclaim brought by Customer or incident to any action or proceeding involving Customer brought pursuant to the United State States Bankruptcy Code) providing, however, that if Arizona law is applicable to this Agreement and if the Credit Line is $10,000 or less. Customer agrees to pay court costs, expenses and reasonable attorneys' fees if the Loans are referred for collection to an attorney other than a salaried employee of Bank. Bank may amend the terms of this Agreement including the Credit Line, from time to time, and will mail to Customer at Customer's last known address shown on the records of Bank, advance written notice of any such amendment. To the extent permitted by law, amendments will apply to outstanding Loan balances and to future Loans).

DEFAULT AND ACCELERATION. Upon the occurrence of any one or more of the following events of default: (a) Customer fails to pay any amount when due under this Agreement or under any other instrument evidencing any other indebtedness of any Customer to BankCustomer, (b) any representation or warranty made under this Agreement or information provided by Customer in connection with this Agreement is or was false or fraudulent in any material respect, (c) a material adverse change occurs in Customer's financial condition, (d) Customer fails to timely observe or perform any of the covenants or duties contained in this Agreement, (e) any guaranty of CustomerCustomers's obligations under this Agreement is revoked or becomes unenforceable for any reason or any such guarantor diesdies or ceases to exist, or (f) an event of default occurs under any security agreement securing payment under this Agreement, Security Document; then, at Banklender's optionOption, and upon written or verbal notice to any Customer, BankLender's obligation to make Loans under this Agreement shall terminate and this the total unpaid balance shall become immediately due and payable without [o]presentment, demand, protest, or further notice of any kind, all of which are hereby expressly waived by Customer. BankLender's obligation to make Loans under this Agreement will shall automatically terminate and the total unpaid balance shall automatically become due and payable in the event any Customer or guarantor becomes the subject of bankruptcy or other insolvency proceedings. Bank's receipt of Lender may waive any payment on this Agreement after the occurrence of an event of default shall not constitute a waiver of the default of the Bank's rights and remedies upon such without waiving any other subsequent or prior default. All Customer's and guarantors agree Customer agrees to pay all costs of collecting collection before and after judgment, including reasonable attorneys' fees (including those incurred in successful defenses or defense of settlement of any counterclaim brought by Customer or incident to any action or proceeding involving Customer brought pursuant to the United State States Bankruptcy Code) providing, however, that if Arizona law is applicable to this Agreement and if the Credit Line is $10,000 or less). Customer agrees to pay court costsindemnity and hold harmless Lender, expenses its officers, directors, employees and agents, from and against any and all claims, damages, judgments, penalties and expenses, including reasonable attorneys' fees if fees, arising directly or indirectly from credit extended under this Agreement or the Loans are referred for collection to an attorney other than a salaried employee activities of BankCustomer. Bank may amend the terms This indemnity shall survive termination of this Agreement including Agreement, the Credit Line, from time to time, repayment of all Loans and will mail to Customer at Customer's last known address shown on the records of Bank, advance written notice of discharge and release or any such amendment. To collateral for the extent permitted by law, amendments will apply to outstanding Loan balances and to future Loans.

DEFAULT AND ACCELERATION. Upon the occurrence of any one or more of the following events of default: (a) Customer fails to pay any amount when due under this Agreement or under any other instrument evidencing any other indebtedness of any Customer to BankLender, (b) ). any representation or warranty made under this Agreement or information provided by Customer in connection with this Agreement is or was false or fraudulent in any material respect, (c) a material adverse change occurs in Customer's ’s financial condition, (d) Customer fails to timely observe or perform any of the covenants or duties contained in this Agreement, (e) Customer, Customer’s spouse or any surety or guarantor for any of the Customer’s indebtedness under this Agreement dies, ceases to exist, becomes insolvent or the subject of bankruptcy or insolvency proceedings, (f) any guaranty of Customer's ’s obligations under this Agreement is revoked or becomes unenforceable for any reason or any such guarantor diesreason, or (fg) an event of default occurs under any security agreement securing payment under this Agreement, Security Document; then, at Bank's Lender’s option, and upon written or verbal notice to any Customer, Bank's Lender’s obligation to make Loans under this Agreement shall terminate and this the total unpaid balance shall become immediately due and payable without [o]presentment, demand, protest, or further notice of any kind, all of which are hereby expressly waived by Customer. Bank's Lender’s obligation to make Loans under this Agreement will shall automatically terminate and the total unpaid balance shall automatically become due and payable in the event any Customer or guarantor becomes the subject of bankruptcy or other insolvency proceedings. Bank's receipt of Lender may waive any payment on this Agreement after the occurrence of an event of default shall not constitute a waiver of the default of the Bank's rights and remedies upon such without waiving any other subsequent or prior default. All Customer's and guarantors agree Customer agrees to pay all costs of collecting collection, before and after judgment, including including, without limitation, reasonable attorneys' ’ fees (including those incurred in successful defenses defense or settlement of any counterclaim brought by Customer or incident to any action or proceeding involving Customer brought pursuant to the United State States Bankruptcy Code) providing, however, that if Arizona law is applicable to this Agreement and if the Credit Line is $10,000 or less). Customer agrees to pay court costsindemnify and hold harmless Lender, expenses its officers, directors, employees and agents, for, from and against any and all claims, damages, judgments, penalties and expenses, including reasonable attorneys' fees if ’ fees, arising directly or indirectly from credit extended under this Agreement or the Loans are referred for collection to an attorney other than a salaried employee activities of BankCustomer. Bank may amend the terms This indemnity shall survive termination of this Agreement including Agreement, the Credit Line, from time to time, repayment of all Loans and will mail to Customer at Customer's last known address shown on the records of Bank, advance written notice discharge and release of any such amendment. To collateral for the extent permitted by law, amendments will apply to outstanding Loan balances and to future Loans.

DEFAULT AND ACCELERATION. Upon the occurrence of any one or more of the following events of default: (a) Customer fails to pay any amount when due under this Agreement or under any other instrument evidencing any other indebtedness of any Customer to Bank, (b) any representation or warranty made under this Agreement or information provided by Customer in connection with this Agreement is or was false or fraudulent in any material respect, (c) a material adverse change occurs in Customer's financial condition, (d) Customer fails to timely observe or perform any of the covenants or duties contained in this Agreement, (e) any guaranty of Customer's obligations under this Agreement is revoked or becomes unenforceable for any reason or any such guarantor dies, or (f) an event of default occurs under any security agreement securing payment under this Agreement, then, at Bank's option, and upon written or verbal notice to any Customer, Bank's obligation to make Loans under this Agreement shall terminate and this total unpaid balance shall become immediately due and payable without [o?], demand, protest, or further notice of any kind, all of which are hereby expressly waived by Customer. Bank's obligation to make Loans under this Agreement will automatically terminate and the total unpaid balance shall automatically become due and payable in the event any Customer or guarantor becomes the subject of bankruptcy or other insolvency proceedings. Bank's receipt of any payment on this Agreement after the occurrence of an event of default shall not constitute a waiver of the default of the Bank's rights and remedies upon such default. All Customer's and guarantors agree to pay all costs of collecting before and after judgment, including reasonable attorneys' fees (including those incurred in successful defenses or settlement of any counterclaim brought by Customer or incident to any action or proceeding involving Customer brought pursuant to the United State Bankruptcy Code) providing, however, that if Arizona law is applicable to this Agreement and if the Credit Line is $10,000 or less. Customer agrees to pay court costs, expenses and reasonable attorneys' fees if the Loans are referred for collection to an attorney other than a salaried employee of Bank. Bank may amend the terms of this Agreement including the Credit Line, from time to time, and will mail to Customer at Customer's last known address shown on the records of Bank, advance written notice of any such amendment. To the extent permitted by law, amendments will apply to outstanding Loan balances and to future Loans.

DEFAULT AND ACCELERATION. Upon the occurrence of any one or more of the following events of default: (a) Customer fails to pay any amount when due under this Agreement or the Note or under any other instrument evidencing any other indebtedness of any Customer to BankCustomer, (b) any representation or warranty made under this Agreement or information provided by Customer in connection with this Agreement is or was false or fraudulent in any material respect, (c) a material adverse change occurs in Customer's ’s financial condition, (d) Customer fails to timely observe or perform any of the covenants or duties contained in this AgreementAgreement or the Note, (e) any guaranty of Customer's ’s obligations under this Agreement the Note is revoked or becomes unenforceable for any reason or any such guarantor dies, ceases to exist, or becomes the subject of any bankruptcy or insolvency proceeding, or (f) an event of default occurs under any security agreement securing payment under this Agreement, Security Document or the Note; then, at Bank's Lender option, and upon written or verbal notice to any Customer, Bank's Lender’s obligation to make Loans the Loan under this Agreement shall terminate and this the total unpaid balance shall become immediately due and payable without [o]presentment, demand, protest, or further notice of any kind, all of which are hereby expressly waived by Customer. Bank's Lender’s obligation to make Loans loans under this Agreement will shall automatically terminate and the total unpaid balance shall automatically become due and payable in the event any Customer or guarantor becomes the subject of bankruptcy or other insolvency proceedings. Bank's receipt of Lender may waive any payment on this Agreement after the occurrence of an event of default shall not constitute a waiver of the default of the Bank's rights and remedies upon such without waiving any other subsequent or prior default. All Customer's and guarantors agree Customer agrees to pay Lender’s costs of administration of this Agreement. Customer also agrees to pay all costs of collecting collection before and after judgment, including reasonable attorneys' ’ fees (including those incurred in successful defenses defense or settlement of any counterclaim brought by Customer or incident to any action or proceeding involving Customer brought pursuant to the United State States Bankruptcy Code) providing, however, that if Arizona law is applicable to this Agreement and if the Credit Line is $10,000 or less. Customer agrees to pay court costs, expenses and reasonable attorneys' fees if the Loans are referred for collection to an attorney other than a salaried employee of Bank. Bank may amend the terms of this Agreement including the Credit Line, from time to time, and will mail to Customer at Customer's last known address shown on the records of Bank, advance written notice of any such amendment. To the extent permitted by law, amendments will apply to outstanding Loan balances and to future Loans).