Common use of PAYMENT OF OTHER ITEMS Clause in Contracts

PAYMENT OF OTHER ITEMS. If Borrower defaults under any of the terms of this Note, Borrower shall pay all reasonable costs and expenses, including without limitation attorneys' fees (including any service tax thereon) and costs, incurred by Xxxxxx in enforcing this Note immediately upon Xxxxxx's demand, whether or not any action or proceeding is commenced by Lender. Without limiting the generality of the preceding sentence, such costs and expenses shall include all attorneys' fees and costs incurred by Lender in connection with any federal or state bankruptcy, insolvency, reorganization, or other similar proceeding by or against Borrower or any surety, guarantor or endorser of this Note which in any way affects Xxxxxx's exercise of its rights and remedies under this Note or under the Loan Agreement or any other Loan Document. Maker hereby stipulates that Lender is a "regulated lender" within the meaning of SDCL 54-3-13 and other applicable South Dakota statutes.

Appears in 2 contracts

Samples: Promissory Note (Whetstone Ethanol LLC), Whetstone Ethanol LLC

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PAYMENT OF OTHER ITEMS. If Borrower defaults under any of the terms of this Note, Borrower shall pay all reasonable costs and expenses, including without limitation attorneys' fees (including any service tax thereon) and costs, incurred by Xxxxxx the Lender in enforcing this Note immediately upon Xxxxxxthe Lender's demand, whether or not any action or proceeding is commenced by the Lender. Without limiting the generality of the preceding sentence, such costs and expenses shall include all attorneys' fees and costs incurred by the Lender in connection with any federal or state bankruptcy, insolvency, reorganization, or other similar proceeding by or against Borrower or any surety, guarantor or endorser of this Note which in any way affects Xxxxxxthe Lender's exercise of its rights and remedies under this Note or under the Loan Security Agreement or any other Loan Document. Maker hereby stipulates that Lender is a "regulated lender" within the meaning of SDCL 54-3-13 and other applicable South Dakota statutes.

Appears in 2 contracts

Samples: Security Agreement (Whetstone Ethanol LLC), Security Agreement (Whetstone Ethanol LLC)

PAYMENT OF OTHER ITEMS. If Borrower defaults under any of the terms of this Note, Borrower shall pay all reasonable costs and expenses, including without limitation attorneys' fees (including any service tax thereon) and costs, incurred by Xxxxxx in enforcing this Note immediately upon Xxxxxx's ’s demand, whether or not any action or proceeding is commenced by Lender. Without limiting the generality of the preceding sentence, such costs and expenses shall include all attorneys' fees and costs incurred by Lender in connection with any federal or state bankruptcy, insolvency, reorganization, or other similar proceeding by or against Borrower or any surety, guarantor or endorser of this Note which in any way affects Xxxxxx's ’s exercise of its rights and remedies under this Note or under the Amended Loan Agreement or any other Loan Document. Maker hereby stipulates that Lender is a "regulated lender" within the meaning of SDCL 54-3-13 and other applicable South Dakota statutes.

Appears in 1 contract

Samples: Promissory Note (Northern Growers LLC)

PAYMENT OF OTHER ITEMS. If Borrower defaults under any of the terms of this Note, Borrower shall pay all reasonable costs and expenses, including without limitation attorneys' fees (including any service tax thereon) and costs, incurred by Xxxxxx in enforcing this Note immediately upon Xxxxxx's demand, whether or not any action or proceeding is commenced by Lender. Without limiting the generality of the preceding sentence, such costs and expenses shall include all attorneys' fees and costs incurred by Lender in connection with any federal or state bankruptcy, insolvency, reorganization, or other similar proceeding by or against Borrower or any surety, guarantor or endorser of this Note which in any way affects Xxxxxx's exercise of its rights and remedies under this Note or under the Loan Agreement or any other Loan Document. , Maker hereby stipulates that Lender is a "regulated lender" within the meaning of SDCL 54-3-13 and other applicable South Dakota statutes.

Appears in 1 contract

Samples: Promissory Note (Whetstone Ethanol LLC)

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PAYMENT OF OTHER ITEMS. If Borrower defaults under any of the terms of this Note, Borrower shall pay all reasonable costs and expenses, including without limitation attorneys' fees (including any service tax thereon) and costs, cost; incurred by Xxxxxx Lxxxxx in enforcing this Note immediately upon Xxxxxx's Lxxxxx’s demand, whether or not any action or proceeding is commenced by Lender. , Without limiting the generality of the preceding sentence, such costs and expenses shall include all attorneys' fees and costs incurred by Lender in connection with any federal or state bankruptcy, insolvency, reorganization, or other similar proceeding by or against Borrower or any surety, guarantor or endorser of this Note which in any way affects Xxxxxx's Lxxxxx’s exercise of its rights and remedies under this Note or under the Loan Agreement or any other Loan Document. Maker hereby stipulates that Lender is a "regulated lender" within the meaning of SDCL 54-3-13 and other applicable South Dakota statutes.

Appears in 1 contract

Samples: Promissory Note (Northern Growers LLC)

PAYMENT OF OTHER ITEMS. If Borrower defaults under any of the terms of this Note, Borrower shall pay all reasonable costs and expenses, including without limitation attorneys' fees (including any service tax thereon) and costs, incurred by Xxxxxx in enforcing this Note immediately upon Xxxxxx's ’s demand, whether or not any action or proceeding is commenced by Lender. Without limiting the generality of the preceding sentence, such costs and expenses shall include all attorneys' fees and costs incurred by Lender in connection with any federal or state bankruptcy, insolvency, reorganization, or other similar proceeding by or against Borrower or any surety, guarantor or endorser of this Note which in any way affects Xxxxxx's ’s exercise of its rights and remedies under this Note or under the Loan Agreement Security Agreements or any other Loan Document. Maker hereby stipulates that Lender is a "regulated lender" within the meaning of SDCL 54-3-13 and other applicable South Dakota statutes.

Appears in 1 contract

Samples: Northern Growers LLC

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