EVENTS OF ACCELERATION. The occurrence of any of the following shall constitute an "Event of Acceleration" by the Lender under this Note:
(a) Borrower’s failure to pay any part of the principal or interest as and when due under this Note; or
(b) Borrower’s becoming insolvent or not paying its debts as they become due.
EVENTS OF ACCELERATION. The occurrence of any of the following shall constitute an "Event of Acceleration" by the Lender under this Note: Xxxxxxxx’s failure to pay any part of the principal or interest as and when due under this Note; or Xxxxxxxx’s becoming insolvent or not paying its debts as they become due.
EVENTS OF ACCELERATION. The entire unpaid principal balance of this Note, together with all accrued and unpaid interest, shall become immediately due and payable prior to the specified due date of this Note upon the occurrence of one or more of the following events:
A. the expiration of the thirty (30)-day period following the date the Maker ceases for any reason to pay its monthly obligations to the Lender; or
B. the insolvency of the Maker, the commission of any act of bankruptcy by the Maker, the execution by the Maker of a general assignment for the benefit of creditors, the filing by or against the Maker of any petition in bankruptcy or any petition for relief under the provisions of the Federal bankruptcy act or any other state or Federal law for the relief of debtors and the continuation of such petition without dismissal for a period of thirty (30) days or more, the appointment of a receiver or trustee to take possession of any property or assets of the Maker or the attachment of or execution against any property or assets of the Maker; or
EVENTS OF ACCELERATION. The following items (a)-(i) shall constitute "Acceleration Events" under this Note. Upon the occurrence of an Acceleration Event, the Company or Borrower, as the case may be, shall notify the other of the occurrence of the Acceleration Event. Ten (10) days after receipt by the Borrower or the Company, as the case may be, of the notice of the Acceleration Event, if the event that caused the Acceleration Event to occur has not been cured, the entire unpaid principal sum and accrued interest under this Note shall become immediately due and payable.
(a) The date when the Borrowers disposes of any or all of the shares of the Company's common stock acquired by him with the proceeds of this Note and represented by Certificate Number _________ (the "Shares"), including (without limitation) a sale of the Shares to the Company; provided, however, that the principal amount and interest of the Note representing proceeds used by Borrower to purchase any Shares which have not been disposed, shall not become due and payable and shall remain outstanding until any such subsequent disposition by Borrower.
(b) The date when the Borrower's employment with the Company, or any successor thereof, terminates for any reason; provided that the principal and interest attributable to unvested Shares shall become due and payable under this Paragraph (b) only to the extent that the Company exercises its right to repurchase such Shares;
(c) The failure of the Borrower to pay when due the principal balance and accrued interest under this Note;
(d) The filing of a petition by or against the Borrower under any provision of the Bankruptcy Reform Act (Title 11 of the United States Code), as amended or recodified from time to time, or under any other law relating to bankruptcy, insolvency, reorganization or other relief for debtors;
(e) The appointment of a receiver, trustee, custodian or liquidator of or for any part of the assets or property of the Borrower;
(f) The execution by the Borrower of a general assignment for the benefit of creditors;
(g) The insolvency of the Borrower or the Borrower's failure to pay his or her debts as they become due;
(h) Any attachment or like levy on any property of the Borrower; or
(i) The occurrence of an event of default under the Stock Pledge Agreement securing this Note.
EVENTS OF ACCELERATION. Notwithstanding anything to the contrary, the entire unpaid principal sum of this Note, and all interest accrued thereon, shall become immediately due and payable upon one or more of the following events:
(a) Upon Xxxx Xxxxxxxxxx, the sole stockholder of Maker, voluntarily ceasing to be employed by, or provide services to, the Company for any reason or for no reason, or the Company terminating or not renewing any employment or consulting arrangement with Xxxx Xxxxxxxxxx for cause, Maker shall be required to pay in a lump sum within thirty (30) days of such termination of employment or service, the principal balance due under this Note and accrued interest thereon;
(b) Upon an acquisition of the Company by another entity by means of any transaction (including, without limitation, any stock acquisition, reorganization, merger or consolidation) or a sale of all or substantially all of the assets of the Company (including, for purposes of this section, the exclusive license or sale of intellectual property rights which, in the aggregate, constitute substantially all of the Company’s material assets) (collectively, a “Sale Transaction”), Maker shall be required to pay in a lump sum within two (2) days following the date of entering into an agreement for such Sale Transaction the principal balance due under this Note and accrued interest thereon;
(c) Upon the insolvency of the Maker, the commission of any act of bankruptcy by the Maker, the execution by the Maker of a general assignment for the benefit of creditors, the filing by or against the Maker of any petition in bankruptcy or any petition for relief under the provisions of the federal bankruptcy act or any other state or federal law for the relief of debtors and the continuation of such petition without dismissal for a period of thirty (30) days or more, the appointment of a receiver or trustee to take possession of any property or assets of the Maker, or the attachment of or execution against any property or assets of the Maker;
(d) Upon exercise of the Put Option (as defined in the Grant Agreement) by the Maker.
EVENTS OF ACCELERATION. If any of the following events occurs: 1. The Borrower or any guarantor of this note ("Guarantor") fails to pay when due any amount payable under this note or under any agreement or instrument evidencing debt to any creditor; 2. The Borrower or any Guarantor(a) fails to observe or perform any other term of this note; (b) makes any materially incorrect or misleading representation, warranty, or certificate to the Bank; (c) makes any materially incorrect or misleading representation in any financial statement or other information delivered to the Bank; or (d) defaults under the terms of any agreement or instrument relating to any debt for borrowed money (other than the debt evidenced by this note, but including other obligations and liabilities owing from the Borrower to the Bank) such that the creditor declares the debt due before its maturity; 3. There is a default under the terms of any loan agreement, security agreement, or any other document executed as part of the loan evidenced by this note, or any guaranty of the loan evidenced by this note becomes unenforceable in whole or in part, or any Guarantor fails to promptly perform under its guaranty; 4. A "reportable event" (as defined in the Employee Retirement Income Security Act of 1974 as amended) occurs that would permit the Pension Benefit Guaranty Corporation to terminate any employee benefit plan of the Borrower or any affiliate of the Borrower; 5. The Borrower or any Guarantor becomes insolvent or unable to pay its debts as they become due; 6. The Borrower or any Guarantor (a) makes an assignment for the benefit of creditors, (b) consents to the appointment of a custodian, receiver, or trustee for itself or for a substantial part of its assets or (c) commences any proceeding under any bankruptcy, reorganization, liquidation, insolvency or similar laws of any jurisdiction; 7. A custodian, receiver, or trustee is appointed for the Borrower or any Guarantor or for a substantial part of its assets without the consent of the party against which the appointment is made and is not removed within 60 days after such appointment; 8. Proceedings are commenced against the Borrower or any Guarantor under any bankruptcy, reorganization, liquidation, or similar laws of any jurisdiction, and such proceedings remain undismissed for 60 days after commencement; or the Borrower or Guarantor consents to the commencement of such proceedings; 9. Any judgment is entered against the Borrower or any Guarantor, or any attac...
EVENTS OF ACCELERATION. An Event of Acceleration shall be deemed to have occurred if any of the Company’s representations and warranties under Section 3 of this Amendment shall be materially inaccurate as of the date hereof.
EVENTS OF ACCELERATION. If any of the following events shall occur and shall continue for the period specified below, if any, then at any subsequent time during the continuance thereof, the Trustee, at its option, may, by notice to the Borrower, declare the principal of the Credit then outstanding to be due and payable immediately together with the service charges thereon and upon any such declaration such principal, together with such charges, shall become due and payable immediately:
(a) A default shall occur in the payment of principal or any other payment required under the Trust Fund Credit Agreement and such default shall continue for a period of thirty days.
(b) A default shall occur in the payment by the Borrower of principal or interest or any other amount due to the Trustee, the Association or the Bank.
(c) A default shall occur in the performance of any other substantial obligation on the part of the Borrower under the Trust Fund Credit Agreement, and such default shall continue for a period of sixty days after notice thereof shall have been given by the Trustee to the Borrower.
(d) Any other event specified in the Trust Fund Credit Agreement for the purposes of this Section shall have occurred and shall continue for the period, if any, specified in the Trust Fund Credit Agreement.
EVENTS OF ACCELERATION. If any of the following events occur, the Credit Facilities shall terminate and all borrowings under them shall become due immediately, without notice, at the Bank's option, whether or not the Bank has made demand.
A. The Borrower or any guarantor of any of the Credit Facilities ("Guarantor") fails to pay when due any amount payable under the Credit Facilities or under any agreement or instrument evidencing debt to any creditor.
B. The Borrower or any Guarantor (a) fails to observe or perform any other term of this agreement or the Notes; (b) makes any materially incorrect or misleading representation, warranty or certificate to the Bank; (c) makes any materially incorrect or misleading representation in any financial statement or other information delivered to the Bank; or (d) defaults under the terms of any agreement or instrument relating to any debt for borrowed money (other than borrowings under the Credit Facilities) such that the creditor declares the debt due before its maturity.
C. There is a default under the terms of any loan agreement, mortgage, security agreement or any other document executed as part of the Credit Facilities, or any guaranty of the liabilities under the Credit Facilities becomes unenforceable in whole or in part, or any Guarantor fails to promptly perform under its guaranty.
EVENTS OF ACCELERATION. The entire unpaid principal balance of ---------------------- this Note, together with all accrued and unpaid interest, shall become immediately due and payable prior to the specified due date of this Note upon the occurrence of one or more of the following events:
A. the failure of the Maker to pay any installment of accrued interest under this Note when due and the continuation of such default for more than thirty (30) days; or
B. the expiration of the thirty (30)-day period following the date the Maker ceases for any reason to remain in the service of the Corporation; or
C. the insolvency of the Maker, the commission of any act of bankruptcy by the Maker, the execution by the Maker of a general assignment for the benefit of creditors, the filing by or against the Maker of any petition in bankruptcy or any petition for relief under the provisions of the Federal bankruptcy act or any other state or Federal law for the relief of debtors and the continuation of such petition without dismissal for a period of thirty (30) days or more, the appointment of a receiver or trustee to take possession of any property or assets of the Maker or the attachment of or execution against any property or assets of the Maker; or
D. the occurrence of any event of default under the Stock Pledge Agreement securing this Note or any obligation secured thereby.
