DEFAULT EVENTS/REMEDIES. Each of the following constitutes a default by Borrowers under this document: (a) the failure of Borrowers to perform any warranty or agreement contained in this Agreement or in any instrument securing payment of this Loan or related to this Loan; (b) a default by Borrowers under any other promissory note executed by the Borrowers, or any one or more of them, and payable to the Lender; (c) if any statement or report furnished by the Borrowers to the Lender is false in any material respect; (d) if any Collateral is lost, stolen, substantially damaged, destroyed, or, without the Lender’s prior written consent, sold or encumbered; (e) if any of the Borrowers die, is dissolved or its existence is terminated, declares insolvency, is declared insolvent, is the subject of any proceeding under bankruptcy or insolvency law, or is the subject of any proceeding under any state or federal farm or agricultural debt mediation law; (f) any failure by Borrowers to cultivate and harvest the crops resulting from use of the products herein in due season and in a good and xxxxxx like manner, or to properly care for or protect any of the Collateral; (g) the Lender, in good faith, deems itself insecure or determines that the prospect of Borrowers’ payment of under this Agreement or the prospect of Borrowers’ performance of this or any other instrument securing this Agreement or relating to it is impaired, and (h) any failure by Borrowers to satisfy, to Lender’s satisfaction, each condition set out in Borrower’s Loan Commitment. Upon the occurrence of any one or more events of default, at Lender’s option, all unpaid obligations shall become immediately due and payable, without notice to or demand upon Borrowers and Lender shall have all remedies available to it at law or equity, including all of the remedies as to the Collateral of a secured party under the Uniform Commercial Code. 5.
Appears in 5 contracts
Samples: Loan Agreement, Loan Agreement, Loan Agreement
DEFAULT EVENTS/REMEDIES. Each of the following constitutes a default by Borrowers Borrower(s) under this document: (a) the failure of Borrowers to perform any warranty or agreement contained in this Agreement or in any instrument securing payment of this Loan or related to this Loan; (b) a default by Borrowers under any other promissory note executed by the Borrowers, or any one or more of them, and payable to the Lender; (c) if Borrower providing Lender any false statement or report furnished by the Borrowers to the Lender is false in any material respect; (d) if any Collateral is lost, stolen, substantially damaged, destroyed, or, without the Lender’s prior written consent, sold or encumbered; (e) if any of the Borrowers die, is dissolved or its existence is terminated, declares insolvency, is declared insolvent, is the subject death of any Borrower(s), dissolution, termination, insolvency declaration, or bankruptcy proceeding under bankruptcy or insolvency lawof any Borrower, or is the subject of any proceeding under any state or federal farm or agricultural debt mediation law; (f) any failure by Borrowers to cultivate and harvest the crops resulting from use of the products herein in due season and in a good and xxxxxx farmer-like manner, or failure to properly care for or protect any of the Collateral; (g) the Lender, in good faith, deems itself insecure or determines that the prospect of Borrowers’ payment of under this Agreement or the prospect of Borrowers’ performance of this or any other instrument securing this Agreement or relating to it is impaired, and (h) any failure by Borrowers to satisfy, to LenderXxxxxx’s satisfaction, each condition set out in Borrower’s Loan CommitmentDetermination. Upon the occurrence of any one or more events of default, at Lender’s optiondefault(s), all unpaid obligations shall become immediately due and payable, without notice to or demand upon Borrowers and Lender shall have all remedies available to it at law or equity, including all of the remedies as to the Collateral of a secured party under the Uniform Commercial Code. 5.
Appears in 4 contracts
Samples: Conditional Line of Credit/Loan Application and Note/Security Agreement, Conditional Line of Credit/Loan Application and Note/Security Agreement, Conditional Line of Credit/Loan Application and Note/Security Agreement
DEFAULT EVENTS/REMEDIES. Each of the following constitutes a default by Borrowers under this document: (a) the failure of Borrowers to perform any warranty or agreement contained in this Agreement or in any instrument securing payment of this Loan or related to this Loan; (b) a default by Borrowers under any other promissory note executed by the Borrowers, or any one or more of them, and payable to the Lender; (c) if any statement or report furnished by the Borrowers to the Lender is false in any material respect; (d) if any Collateral is lost, stolen, substantially damaged, destroyed, or, without the Lender’s prior written consent, sold or encumbered; (e) if any of the Borrowers die, is dissolved or its existence is terminated, declares insolvency, is declared insolvent, is the subject of any proceeding under bankruptcy or insolvency law, or is the subject of any proceeding under any state or federal farm or agricultural debt mediation law; (f) any failure by Borrowers to cultivate and harvest the crops resulting from use of the products herein in due season and in a good and xxxxxx like manner, or to properly care for or protect any of the Collateral; (g) the Lender, in good faith, deems itself insecure or determines that the prospect of Borrowers’ payment of under this Agreement or the prospect of Borrowers’ performance of this or any other instrument securing this Agreement or relating to it is impaired, and (h) any failure by Borrowers to satisfy, to Lender’s satisfaction, each condition set out in Borrower’s Loan Commitment. Upon the occurrence of any one or more events of default, at Lender’s optionown election and sole discretion, Lender shall be entitled to any or all of the following remedies, and may employ any of them, or any combination of them, at such times as Lender may choose, without any such decisions being deemed an election of remedies which precludes the exercise of other Lender rights (i) Lender may increase the rate of interest on the loan to the default interest rate identified on the Borrower’s Loan Commitment, (ii) all unpaid obligations shall become immediately due and payable, without notice to or demand upon Borrowers Borrowers, and (iii) Lender shall have all remedies available to it at law or equity, including all of the remedies as to the Collateral of a secured party under the Uniform Commercial Code. 5.
Appears in 4 contracts
Samples: Crop Loan Application and Note/Security Agreement, Crop Loan Application and Note/Security Agreement, Loan Agreement
DEFAULT EVENTS/REMEDIES. Each of the following constitutes a default by Borrowers Borrower(s) under this document: (a) the failure of Borrowers to perform any warranty terms or agreement conditions contained in this Agreement or in any instrument securing payment of this Loan or related to this Loan; (b) a default by Borrowers under any other agreement or promissory note executed by the Borrowers, or any one or more of them, and payable to the Lender; (c) if Borrower breaches any representations and warranties or providing Lender any false statement or report furnished by the Borrowers to the Lender is false in any material respect; (d) if any Collateral is lost, stolen, substantially damaged, destroyed, or, without the Lender’s prior written consent, sold outside the ordinary course of business or encumbered; (e) if death of any of the Borrowers dieBorrower(s), is dissolved or its existence is terminateddissolution, declares termination, insolvency, is declared insolvent, is the subject of any bankruptcy proceeding under bankruptcy or insolvency lawby Borrower, or is any creditor brings a legal action against the subject of any proceeding under any state or federal farm or agricultural debt mediation lawBorrower; (f) any failure by Borrowers Borrower to cultivate and harvest the crops resulting from use of the products herein in due season and in a good and xxxxxx farmer-like manner, or failure to properly care for or protect any of the Collateral; (g) the Lender, in good faith, deems itself insecure or determines that the prospect of Borrowers’ Borrower’s payment of under this Agreement or the prospect of Borrowers’ Borrower’s performance of this or any other instrument securing this Agreement or relating to it is impaired, and (h) any failure by Borrowers Borrower to satisfy, to LenderXxxxxx’s satisfaction, each condition set out in Borrower’s Loan CommitmentDetermination. Upon the occurrence of any one or more events of default, at Lender’s optiondefault(s), all unpaid obligations shall become immediately due and payable, without notice to or demand upon Borrowers and Lender shall have all remedies available to it at law or equity, including all of the remedies as to the Collateral of a secured party under the Uniform Commercial Code. 5.
Appears in 3 contracts
Samples: Conditional Line of Credit/Loan Application and Note/Security Agreement, Conditional Line of Credit/Loan Application and Note/Security Agreement, Conditional Line of Credit/Loan Application and Note/Security Agreement
DEFAULT EVENTS/REMEDIES. Each of the following constitutes a default by Borrowers Borrower(s) under this document: (a) the failure of Borrowers to perform any warranty or agreement contained in this Agreement or in any instrument securing payment of this Loan or related to this Loan; (b) a default by Borrowers under any other promissory note executed by the Borrowers, or any one or more of them, and payable to the Lender; (c) if Borrower providing Lender any false statement or report furnished by the Borrowers to the Lender is false in any material respect; (d) if any Collateral is lost, stolen, substantially damaged, destroyed, or, without the Lender’s prior written consent, sold or encumbered; (e) if any of the Borrowers die, is dissolved or its existence is terminated, declares insolvency, is declared insolvent, is the subject death of any Borrower(s), dissolution, termination, insolvency declaration, or bankruptcy proceeding under bankruptcy or insolvency lawof any Borrower, or is the subject of any proceeding under any state or federal farm or agricultural debt mediation law; (f) any failure by Borrowers to cultivate and harvest the crops resulting from use of the products herein in due season and in a good and xxxxxx xxxxxx-like manner, or failure to properly care for or protect any of the Collateral; (g) the Lender, in good faith, deems itself insecure or determines that the prospect of Borrowers’ payment of under this Agreement or the prospect of Borrowers’ performance of this or any other instrument securing this Agreement or relating to it is impaired, and (h) any failure by Borrowers to satisfy, to Lender’s satisfaction, each condition set out in Borrower’s Loan CommitmentDetermination. Upon the occurrence of any one or more events of default, at Lender’s optiondefault(s), all unpaid obligations shall become immediately due and payable, without notice to or demand upon Borrowers and Lender shall have all remedies available to it at law or equity, including all of the remedies as to the Collateral of a secured party under the Uniform Commercial Code. 5.
Appears in 3 contracts
Samples: Conditional Line of Credit/Loan Application and Note/Security Agreement, Conditional Line of Credit/Loan Application and Note/Security Agreement, Conditional Line of Credit/Loan Application and Note/Security Agreement
DEFAULT EVENTS/REMEDIES. Each of the following constitutes a default by Borrowers under this document: (a) the failure of Borrowers to perform any warranty or agreement contained in this Agreement or in any instrument securing payment of this Loan or related to this Loan; (b) a default by Borrowers under any other promissory note executed by the Borrowers, or any one or more of them, and payable to the Lender; (c) if any statement or report furnished by the Borrowers to the Lender is false in any material respect; (d) if any Collateral is lost, stolen, substantially damaged, destroyed, or, without the Lender’s prior written consent, sold or encumbered; (e) if any of the Borrowers die, is dissolved or its existence is terminated, declares insolvency, is declared insolvent, is the subject of any proceeding under bankruptcy or insolvency law, or is the subject of any proceeding under any state or federal farm or agricultural debt mediation law; (f) any failure by Borrowers to cultivate and harvest the crops resulting from use of the products herein in due season and in a good and xxxxxx farmer like manner, or to properly care for or protect any of the Collateral; (g) the Lender, in good faith, deems itself insecure or determines that the prospect of Borrowers’ payment of under this Agreement or the prospect of Borrowers’ performance of this or any other instrument securing this Agreement or relating to it is impaired, and (h) any failure by Borrowers to satisfy, to LenderXxxxxx’s satisfaction, each condition set out in Borrower’s Loan Commitment. Upon the occurrence of any one or more events of default, at Lender’s option, all unpaid obligations shall become immediately due and payable, without notice to or demand upon Borrowers and Lender shall have all remedies available to it at law or equity, including all of the remedies as to the Collateral of a secured party under the Uniform Commercial Code. 5.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement
DEFAULT EVENTS/REMEDIES. Each of the following constitutes a default by Borrowers under this document: (a) the failure of Borrowers to perform any warranty or agreement contained in this Agreement or in any instrument securing payment of this Loan or related to this Loan; (b) a default by Borrowers under any other promissory note executed by the Borrowers, or any one or more of them, and payable to the Lender; (c) if any statement or report furnished by the Borrowers to the Lender is false in any material respect; (d) if any Collateral is lost, stolen, substantially damaged, destroyed, or, without the Lender’s prior written consent, sold or encumbered; (e) if any of the Borrowers die, is dissolved or its existence is terminated, declares insolvency, is declared insolvent, is the subject of any proceeding under bankruptcy or insolvency law, or is the subject of any proceeding under any state or federal farm or agricultural debt mediation law; (f) any failure by Borrowers to cultivate and harvest the crops resulting from use of the products herein in due season and in a good and xxxxxx like manner, or to properly care for or protect any of the Collateral; (g) the Lender, in good faith, deems itself insecure or determines that the prospect of Borrowers’ payment of under this Agreement or the prospect of Borrowers’ performance of this or any other instrument securing this Agreement or relating to it is impaired, and (h) any failure by Borrowers to satisfy, to Lender’s satisfaction, each condition set out in Borrower’s Loan Commitment. Upon the occurrence of any one or more events of default, at Lender’s option, all unpaid obligations shall become immediately due and payable, without notice to or demand upon Borrowers and Lender shall have all remedies available to it at law or equity, including all of the remedies as to the Collateral of a secured party under the Uniform Commercial Code. 5.
Appears in 1 contract
Samples: Loan Agreement
DEFAULT EVENTS/REMEDIES. Each of the following constitutes a default by Borrowers under this document: (a) the failure of Borrowers to perform any warranty or agreement contained in this Agreement or in any instrument securing payment of this Loan or related to this Loan; (b) a default by Borrowers under any other promissory note executed by the Borrowers, or any one or more of them, and payable to the Lender; (c) if any statement or report furnished by the Borrowers to the Lender is false in any material respect; (d) if any Collateral is lost, stolen, substantially damaged, destroyed, or, without the Lender’s prior written consent, sold or encumbered; (e) if any of the Borrowers die, is dissolved or its existence is terminated, declares insolvency, is declared insolvent, is the subject of any proceeding under bankruptcy or insolvency law, or is the subject of any proceeding under any state or federal farm or agricultural debt mediation law; (f) any failure by Borrowers to cultivate and harvest the crops resulting from use of the products herein in due season and in a good and xxxxxx farmer like manner, or to properly care for or protect any of the Collateral; (g) the Lender, in good faith, deems itself insecure or determines that the prospect of Borrowers’ payment of under this Agreement or the prospect of Borrowers’ performance of this or any other instrument securing this Agreement or relating to it is impaired, and (h) any failure by Borrowers to satisfy, to LenderXxxxxx’s satisfaction, each condition set out in Borrower’s Loan Commitment. Upon the occurrence of any one or more events of default, at Lender’s option, all unpaid obligations shall become immediately due and payable, without notice to or demand upon Borrowers and Lender shall have all remedies available to it at law or equity, including all of the remedies as to the Collateral of a secured party under the Uniform Commercial Code. 54.
Appears in 1 contract
DEFAULT EVENTS/REMEDIES. Each of the following constitutes a default by Borrowers under this document: (a) the failure of Borrowers to perform any warranty or agreement contained in this Agreement or in any instrument securing payment of this Loan or related to this Loan; (b) a default by Borrowers under any other promissory note executed by the Borrowers, or any one or more of them, and payable to the Lender; (c) if any statement or report furnished by the Borrowers to the Lender is false in any material respect; (d) if any Collateral is lost, stolen, substantially damaged, destroyed, or, without the Lender’s prior written consent, sold or encumbered; (e) if any of the Borrowers die, is dissolved or its existence is terminated, declares insolvency, is declared insolvent, is the subject of any proceeding under bankruptcy or insolvency law, or is the subject of any proceeding under any state or federal farm or agricultural debt mediation law; (f) any failure by Borrowers to cultivate and harvest the crops resulting from use of the products herein in due season and in a good and xxxxxx like manner, or to properly care for or protect any of the Collateral; (g) the Lender, in good faith, deems itself insecure or determines that the prospect of Borrowers’ payment of under this Agreement or the prospect of Borrowers’ performance of this or any other instrument securing this Agreement or relating to it is impaired, and (h) any failure by Borrowers to satisfy, to Lender’s satisfaction, each condition set out in Borrower’s Loan Commitment. Upon the occurrence of any one or more events of default, at Lender’s option, all unpaid obligations shall become immediately due and payable, without notice to or demand upon Borrowers and Lender shall have all remedies available to it at law or equity, including all of the remedies as to the Collateral of a secured party under the Uniform Commercial Code. 54.
Appears in 1 contract
DEFAULT EVENTS/REMEDIES. Each of the following constitutes a default by Borrowers under this document: (a) the failure of Borrowers to perform any warranty or agreement contained in this Agreement or in any instrument securing payment of this Loan or related to this Loan; (b) a default by Borrowers under any other promissory note executed by the Borrowers, or any one or more of them, and payable to the Lender; (c) if any statement or report furnished by the Borrowers to the Lender is false in any material respect; (d) if any Collateral is lost, stolen, substantially damaged, destroyed, or, without the Lender’s prior written consent, sold or encumbered; (e) if any of the Borrowers die, is dissolved or its existence is terminated, declares insolvency, is declared insolvent, is the subject of any proceeding under bankruptcy or insolvency law, or is the subject of any proceeding under any state or federal farm or agricultural debt mediation law; (f) any failure by Borrowers to cultivate and harvest the crops resulting from use of the products herein in due season and in a good and xxxxxx farmer like manner, or to properly care for or protect any of the Collateral; (g) the Lender, in good faith, deems itself insecure or determines that the prospect of Borrowers’ payment of under this Agreement or the prospect of Borrowers’ performance of this or any other instrument securing this Agreement or relating to it is impaired, and (h) any failure by Borrowers to satisfy, to LenderXxxxxx’s satisfaction, each condition set out in Borrower’s Loan Commitment. Upon the occurrence of any one or more events of default, at LenderXxxxxx’s optionown election and sole discretion, Lender shall be entitled to any or all of the following remedies, and may employ any of them, or any combination of them, at such times as Lender may choose, without any such decisions being deemed an election of remedies which precludes the exercise of other Lender rights (i) Lender may increase the rate of interest on the loan to the default interest rate identified on the Borrower’s Loan Commitment, (ii) all unpaid obligations shall become immediately due and payable, without notice to or demand upon Borrowers Borrowers, and (iii) Lender shall have all remedies available to it at law or equity, including all of the remedies as to the Collateral of a secured party under the Uniform Commercial Code. 5.
Appears in 1 contract