Default Contract Clauses (7,580)

Default. The following are events of default under this Note the shall cause an immediate acceleration of the Maturity Date of the Note: (i) the Borrower shall fail to pay any outstanding Principal Sum principal under this Note when due and payable (or payable by conversion) thereunder; or (ii) the Borrower shall fail to pay any interest, expenses interest or any other amount under this Note when due and payable (or payable by conversion) thereunder; or (iii) a receiver, trustee or other similar... official shall be appointed over the Borrower or a material part of its assets and such appointment shall remain uncontested for twenty (20) days or shall not be dismissed or discharged within sixty (60) days; or (iv) the Borrower shall become insolvent or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any; or (v) the Borrower shall make a general assignment for the benefit of creditors; or (vi) the Borrower shall file a petition for relief under any bankruptcy, insolvency or similar law (domestic or foreign); or (vii) an involuntary proceeding shall be commenced or filed against the Borrower. Borrower; or (viii) the Borrower shall lose its status as "DTC Eligible" or the Borrower's shareholders shall lose the ability to deposit (either electronically or by physical certificates, or otherwise) shares into the DTC System; or (ix) the Borrower shall become delinquent in its filing requirements as a fully-reporting issuer registered with the SEC; or (x) the Borrower shall commit a material breach of any of its covenants, representations or warranties in this Note. View More

Default. The following are events of default under this Note the shall cause an immediate acceleration of the Maturity Date of the Note: (i) the Borrower shall fail to pay any outstanding Principal Sum principal under this the Note when due and payable (or payable by conversion) thereunder; or (ii) the Borrower shall fail to pay any interest, expenses interest or any other amount under this the Note when due and payable (or payable by conversion) thereunder; or (iii) a receiver, trustee or other similar... official shall be appointed over the Borrower or a material part of its assets and such appointment shall remain uncontested for twenty (20) days or shall not be dismissed or discharged within sixty (60) days; or (iv) the Borrower shall become insolvent or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any; or (v) the Borrower shall make a general assignment for the benefit of creditors; or (vi) the Borrower shall file a petition for relief under any bankruptcy, insolvency or similar law (domestic or foreign); or (vii) an involuntary proceeding shall be commenced or filed against the Borrower. Borrower; or (viii) the Borrower shall lose its status as "DTC Eligible" or the borrower's shareholders shall lose the ability to deposit (either electronically or by physical certificates, or otherwise) shares into the DTC System; or (ix) the Borrower shall become delinquent in its filing requirements as a fully-reporting issuer registered with the SEC. View More

Default. The following are events of default under this Note the shall cause an immediate acceleration of the Maturity Date of the Note: (i) the Borrower shall fail to pay any outstanding Principal Sum principal under this Note when due and payable (or payable by conversion) thereunder; or (ii) the Borrower shall fail to pay any interest, expenses interest or any other amount under this Note when due and payable (or payable by conversion) thereunder; or (iii) a receiver, trustee or other similar... official shall be appointed over the Borrower or a material part of its assets and such appointment shall remain uncontested for twenty (20) days or shall not be dismissed or discharged within sixty (60) days; or (iv) the Borrower shall become insolvent or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any; or (v) the Borrower shall make a general assignment for the benefit of creditors; or (vi) the Borrower shall file a petition for relief under any bankruptcy, insolvency or similar law (domestic or foreign); or (vii) an involuntary proceeding shall be commenced or filed against the Borrower. Borrower; or (viii) the Borrower shall lose its status as "DTC Eligible" or the Borrower's shareholders shall lose the ability to deposit (either electronically or by physical certificates, or otherwise) shares into the DTC System; or (ix) the Borrower shall become delinquent in its filing requirements as a fully-reporting issuer registered with the SEC; or (x) the Borrower shall commit a material breach of any of its covenants, representations or warranties in this Note. View More

Default. 2.1 4.1 Each of the following events shall be an "Event of Default" hereunder: (a) the Borrower files any petition or action for relief under any bankruptcy, reorganization, insolvency or moratorium law or any other law for the relief of, or relating to, debtors, now or hereafter in effect, or makes any assignment for the benefit of creditors or takes any corporate action in furtherance of any of the foregoing; (b) an involuntary petition is filed against the Borrower under any bankruptcy... statute now or hereafter in effect, or a custodian, receiver, trustee, assignee for the benefit of creditors (or other similar official) is appointed to take possession, custody or control of any property of the Borrower; the Borrower executes an assignment with respect to substantially all of its assets; 1 (c) the Borrower fails to pay, upon demand made by Lender at any time after the Maturity Date, any and all unpaid principal, accrued interest and other amounts owing hereunder; and (d) Borrower breaches any warranty or agreement in any material respect made by Borrower in this Note (except as set forth in (c) above) and fails to cure such breach within fifteen (15) days of the Borrower receiving written notice of such breach from Lender. 2.2 [Upon 4.2 Upon the occurrence of any Event of Default hereunder, the annual rate at which interest accrues under this Note shall be increased by an additional two percent (2%) per annum for all times while such Event of Default is continuing. Borrower shall notify Lender in writing promptly and, in no event, more than three (3) days after the occurrence of any Event of Default, that such Event of Default has occurred. ][ Upon the occurrence of any Event of Default (without the need for any party to give any notice or take any other action), the outstanding balance shall immediately and automatically increase to 120% of the outstanding balance immediately prior to the occurrence of the Event of Default. Upon the occurrence of any Event of Default, the Note shall become immediately due and payable and the Borrower shall pay to the Lender, in full satisfaction of its obligations hereunder, an amount equal to the outstanding balance, all without demand, presentment or notice, all of which hereby are expressly waived, together with all costs, including, without limitation, legal fees and expenses, of collection, and the Holder shall be entitled to exercise all other rights and remedies available at law or in equity.] View More

Default. Any misrepresentation material misrepresentation, misstatement or misstatement omission in connection with, or non-compliance with or non-performance of the Note or Note, the Prior Notes, this Agreement, the Company or any of its subsidiaries, or the occurrence of an event Event of default Default under the Note, Note or Prior Notes, shall constitute default under this Agreement. In addition, Ecosphere shall be in default if (i) bankruptcy or insolvency proceedings are instituted by or against... Ecosphere, which proceedings are not dismissed within 30 days; (ii) if Ecosphere makes any assignment for the benefit of creditors, or (iii) if Ecosphere shall default in performance of any agreement with the Lender. View More

Default. In addition to the Events of Default under the Credit Purchase Agreement, any breach or default by Credit Parties under this Amendment, which breach or default is not cured within ten (10) calendar days after notice of such breach or default is given to the Credit Parties, shall be deemed an immediate "Event of Default" under the Credit Purchase Agreement, and such Events of Default hereunder include, without limitation, the following: (i) failure by Borrower to consummate any and all of the... Purchase Tranche Closings, as such term is defined in the Debt Purchase Agreement, because of any of the conditions described in Section 3(b) of the Debt Purchase Agreement; or (ii) any other failure by the Purchaser to pay for any portion of the Applicable Purchase Price, as such term is defined in the Debt Purchase Agreement, for any and all of the Purchase Tranche Closings when due in accordance with the terms and provisions of the Debt Purchase Agreement and other applicable documents, if such failure to pay was caused by any action, inaction, or omission of any of the Credit Parties, or any one of their agents, representatives and employees; (iii) failure by the Borrower to pay when due any other amounts due to Lender under this Amendment, including, without limitation, the amounts due under under Section 19(a) below; and (v) and other failure of the Credit Parties them, to comply with, satisfy satisfy, or perform any term, provision, covenant or agreement of the Credit Parties under this Amendment or any of the Exchange Agreements. View More

Default. In addition to the Events of Default under the Credit Agreement, any breach or default by Credit Parties under this Amendment, which breach or default is not cured within ten (10) calendar days after notice of such breach or default is given to the Credit Parties, shall be deemed an immediate "Event of Default" under the Credit Agreement, and such Events of Default hereunder include, without limitation, the following: (i) failure by Borrower to consummate any and all of the Purchase Tranche... Closings, as such term is defined in the Debt Purchase Agreement, because of any of the conditions described in Section 3(b) of the Debt Purchase Agreement; (ii) failure by the Purchaser to pay for any portion of the Applicable Purchase Price, as such term is defined in the Debt Purchase Agreement, for any and all of the Purchase Tranche Closings when due in accordance with the terms and provisions of the Debt Purchase Agreement and other applicable documents, if regardless of whether such failure to pay was caused by any action, inaction, or omission of the Borrower, the Purchaser, or any other Person; (iii) the occurrence of any other facts, circumstances or events which result in Lender not receiving payment in full of the Applicable Purchase Price for any of the Credit Parties, or Purchase Tranche Closings within the time frames required thereby and under the Debt Purchase Agreement and other applicable documents, for any of their agents, representatives and employees; (iii) reason whatsoever; (iv) failure by the Borrower to pay when due any other amounts due to Lender under this Amendment, including, without limitation, the amounts due under under Section 19(a) 17(a) below; and (v) and other failure of the Credit Parties to comply with, satisfy or perform any and term, provision, covenant or agreement of the Credit Parties under this Amendment or any of the Exchange Rockwell Agreements. View More

Default. The following events shall be "Events of Default": (a) The occurrence of an Event of Default (as defined in the Notes) Loan Agreement) under the Notes; Loan Agreement; (b) Any material representation or warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made; or (c) The failure by any Debtor to observe or perform any of its obligations the Obligations hereunder for five (5) thirty (30) days after delivery to such Debtor of written notice of... such failure by or on behalf of a the Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best commercially reasonable efforts to cure same in a timely fashion. View More

Default. The following events shall be "Events of Default": (a) The occurrence of an Event of Default (as defined in the Notes) Debentures) under the Notes; Debentures; (b) Any material representation or material warranty of any Debtor in this Agreement shall prove to have been incorrect in any material respect when made; (c) The failure by any Debtor to observe or perform any of its obligations hereunder for five (5) ten (10) days after delivery to such Debtor of written notice of such failure by or on... behalf of a Secured Party unless such default is capable of cure but cannot be cured within such time frame and such Debtor is using best all commercially reasonable efforts to cure same in a timely fashion. fashion; or (d) [Reserved]. View More

Default. (a) the Investor shall be deemed in default hereunder upon the occurrence of any of the following (a "Default"): (i) Failure to Pay Principal or Interest. The failure of the Investor to pay, when due, all or any part of any Principal or Interest Interest, if any, required to be made hereunder; or 3 (ii) Bankruptcy, etc. The Investor shall have entered against it by a court having jurisdiction thereof a decree or order for relief in respect to the Investor in an involuntary case under any... applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or a receiver, liquidator, assignee, custodian, trustee, sequestrator or other similar official shall be appointed for the Investor or for any substantial part of the Investor's property, or the winding up or liquidation of the Investor's affairs shall have been ordered; or the Investor shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or the Investor shall consent to the entry of an order for such relief in an involuntary case under any such law, or any such involuntary case shall commence, and not be dismissed within sixty (60) days; or the Investor shall consent to the appointment of or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or other similar official for the Investor or for any substantial part of the Investor's property, or make any general assignment for the benefit of creditors. (b) Consequence of Default. Upon the occurrence of a Default, the outstanding Obligations hereunder shall, at the option of the Company, become immediately due and payable (each, an "Investor Note Acceleration"), subject to the Investor's right to elect to effect Default Netting (as defined below) with respect to all, or any portion, of this Note as elected by the Investor in a written notice to the Company. Acceleration"). Notwithstanding the foregoing, if there shall occur a Default under Section 4(a)(ii) above, the entire outstanding Obligations hereunder, hereunder shall automatically become immediately due and payable without any action on the part of the Company and the Investor shall be deemed to have elected Default Netting with respect to the maximum amount of its obligations Obligations outstanding hereunder as permitted pursuant to Section 7(h) 7(f) below. Upon the occurrence of a Default, the Company shall also have all the rights and remedies of a secured party on default under Article 9 of the Uniform Commercial Code of the State of New York with respect to the Collateral (as hereinafter defined). 4 5. Representations and Warranties of the Investor. The Investor represents and warrants to the Company as follows as of the date hereof: (a) the Investor has the power and authority to execute, deliver and perform all obligations in accordance herewith; (b) the execution, delivery and performance by the Investor of this Note are within the Investor's legal powers, and do not contravene any law or any contractual restriction binding on or affecting the Investor; (c) no authorization or approval or other action by, and no notice to or filing with, any governmental authority or regulatory body is required for the due execution, delivery and performance by the Investor of this Note; (d) this Note constitutes the legal, valid and binding obligation of the Investor, enforceable against the Investor in accordance with its terms, except to the extent enforceability is limited by bankruptcy, insolvency, fraudulent conveyance, moratorium and other laws for the protection of creditors generally and by general equitable principles; and (e) there is no pending or, to the Investor's knowledge, threatened action or proceeding affecting the Investor before any governmental agency or arbitrator with respect to the transactions contemplated by this Note or which may materially adversely affect the property, assets or condition (financial or otherwise) of the Investor. View More

Default. (a) the Investor shall be deemed in default hereunder upon the occurrence of any of the following (a "Default"): (i) Failure to Pay Principal or Interest. The failure of the Investor to pay, when due, all or any part of any Principal or Interest required to be made hereunder; or 3 (ii) Bankruptcy, etc. The Investor shall have entered against it by a court having jurisdiction thereof a decree or order for relief in respect to the Investor in an involuntary case under any applicable bankruptcy,... insolvency or other similar law now or hereafter in effect, or a receiver, liquidator, assignee, custodian, trustee, sequestrator or other similar official shall be appointed for the Investor or for any substantial part of the Investor's property, or the winding up or liquidation of the Investor's affairs shall have been ordered; or the Investor shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or the Investor shall consent to the entry of an order for such relief in an involuntary case under any such law, or any such involuntary case shall commence, and not be dismissed within sixty (60) days; or the Investor shall consent to the appointment of or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or other similar official for the Investor or for any substantial part of the Investor's property, or make any general assignment for the benefit of creditors. (b) Consequence of Default. Upon the occurrence of a Default, the outstanding Obligations hereunder shall, at the option of the Company, as evidenced by the delivery (or deemed delivery in accordance with this Section 4(c)) of written notice to the Investor, become immediately due and payable (each, an "Investor Note Acceleration"), subject to Acceleration"); provided, that any amount outstanding hereunder other than any Forced Mandatory Prepayment Amount (unless the Investor's right to elect Company elects to effect a Default Netting (as defined below) with respect to all, or any portion, all of this Note) shall be subject to automatic Default Netting upon any Investor Note as elected by the Investor in a written notice to the Company. Notwithstanding Acceleration.Notwithstanding the foregoing, if there shall occur a Default under Section 4(a)(ii) above, the entire outstanding Obligations hereunder, shall automatically become immediately due and payable without any action on the part of the Company and the Investor Company shall be deemed to have elected Default Netting with respect delivered a notice to the maximum Investor electing an Investor Note Acceleration for the entire amount outstanding under this Note. Upon the payment, in full, of its obligations the Remaining Investor Note Principal Amount to the Company following an Investor Note Acceleration, all accrued and unpaid Interest (as defined in the Investor Note) then outstanding hereunder under the Investor Note shall be automatically cancelled as permitted pursuant of the date of such payment in full and, thereafter, the Investor Note shall be deemed to Section 7(h) below. be paid in full and shall be null and void. Upon the occurrence of a Default, the Company shall also have all the rights and remedies of a secured party on default under Article 9 of the Uniform Commercial Code of the State of New York with respect to the Collateral (as hereinafter defined). 4 5. Representations and Warranties of the Investor. The Investor represents and warrants to the Company as follows as of the date hereof: (a) the Investor has the power and authority to execute, deliver and perform all obligations in accordance herewith; (b) the execution, delivery and performance by the Investor of this Note are within the Investor's legal powers, and do not contravene any law or any contractual restriction binding on or affecting the Investor; (c) no authorization or approval or other action by, and no notice to or filing with, any governmental authority or regulatory body is required for the due execution, delivery and performance by the Investor of this Note; (d) this Note constitutes the legal, valid and binding obligation of the Investor, enforceable against the Investor in accordance with its terms, except to the extent enforceability is limited by bankruptcy, insolvency, fraudulent conveyance, moratorium and other laws for the protection of creditors generally and by general equitable principles; and (e) there is no pending or, to the Investor's knowledge, threatened action or proceeding affecting the Investor before any governmental agency or arbitrator with respect to the transactions contemplated by this Note or which may materially adversely affect the property, assets or condition (financial or otherwise) of the Investor. View More

Default. It is expressly provided that upon default in the punctual payment of any indebtedness evidenced by this Note or any part hereof, as the same shall become due and payable, or upon the occurrence of an event of default specified in any of the other Loan Documents (as defined herein), below), the holder of this Note may, at its option, without further notice or demand, (i) (a) declare the outstanding principal balance of and accrued but unpaid interest on this Note at once due and payable, (ii) (b) refuse to advance any additional amounts under this Note, (iii) (c) foreclose all liens securing payment hereof, (iv) (d) pursue any and all other rights, remedies and recourses available to the holder hereof, including but not limited to any such rights, remedies or recourses under the Loan Documents, at law or in equity, or (v) (e) pursue any combination of the foregoing; and in the event default is made in the prompt payment of this Note when due or declared due, and the same is placed in the hands of an attorney for collection, or suit is brought on same, or the same is collected through probate, bankruptcy or other judicial proceedings, then the Borrower agrees and promises to pay all costs of collection, including reasonable attorney's attorneys' fees. View More

Default. It is expressly provided that upon default in the punctual payment of any indebtedness evidenced by this Note or any part hereof, as the same shall become due and payable, or upon the occurrence of an event of default specified in any of the other Loan Documents (as defined herein), Documents, the holder of this Note may, at its option, without further notice or demand, (i) declare the outstanding principal balance of and accrued but unpaid interest on this Note at once due and payable, payable; (ii) if such default occurs prior to the LOC Rest Date, refuse to advance any additional amounts under this Note, Note; (iii) foreclose all liens securing payment hereof, hereof; (iv) pursue any and all other rights, remedies and recourses available to the holder hereof, including including, but not limited to to, any such rights, remedies or recourses under the Loan Documents, at law Law or in equity, equity; or (v) pursue any combination of the foregoing; and in foregoing. In the event default is made in the prompt payment of this Note when due or declared due, and the same is placed in the hands of an attorney for collection, or suit is brought on same, or the same is collected through probate, bankruptcy or other judicial proceedings, then the Borrower agrees and promises to pay all costs of collection, including reasonable attorney's attorneys' fees. View More

Default. The following events shall be "Events of Default": (a) The occurrence of an Event of Default (as defined in the Note) APA) under the Note; APA; (b) Any representation or warranty of the any Company in this Agreement shall prove to have been incorrect in any material respect when made; (c) The failure by the any Company to observe or perform any of its obligations hereunder for fifteen (15) five (5) days after delivery to the such Company of notice of such failure by or on behalf of a Secured... Party unless such default is capable of cure but cannot be cured within such time frame and the such Company is using best efforts to cure same in a timely fashion; or (d) If any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by the any Company, or a proceeding shall be commenced by the any Company, or by any governmental authority having jurisdiction over the any Company, seeking to establish the invalidity or unenforceability thereof, or the any Company shall deny that the any Company has any liability or obligation purported to be created under this Agreement. View More

Default. The following events shall be "Events of Default": (a) The the occurrence of an Event of Default (as that term is defined in the Note) Notes) under the Note; Notes; (b) Any the Company's failure to pay to the Agent any amounts when and as due under this Agreement or the Agent Fee Letter, if such failure remains uncured for a period of at least five (5) days; (c) any representation or warranty of the Company in this Agreement shall prove to have been incorrect in any material respect when made; ... class="diff-color-red">(c) The (d) except as otherwise provided in Section 7(e), the failure by the Company to observe or perform any of its obligations hereunder for fifteen (15) ten (10) days after delivery to the Company of notice of such failure by or on behalf of the Agent or a Secured Party unless such default is capable of cure but cannot be cured within such time frame and the Company is using best efforts to cure the same in a timely fashion; or (d) If (e) if any provision of this Agreement shall at any time for any reason be declared to be null and void, or the validity or enforceability thereof shall be contested by the Company, or a proceeding shall be commenced by the Company, or by any governmental authority having jurisdiction over the Company, seeking to establish the invalidity or unenforceability thereof, or the Company shall deny that the Company has any liability or obligation purported to be created under this Agreement. View More

Found in Pacific Ethanol, Inc. contract

Default. Borrower Debtor is in default under this Agreement if: (a) Borrower Debtor fails to pay, perform or otherwise comply with any provision of or this Agreement; (b) Borrower Debtor makes any materially false representation, warranty or certification in, or in connection with, this Agreement, the Note, or any other agreement related to the Note or this Agreement; Agreement (c) another secured party or judgment creditor exercises its rights against the Collateral; Collateral: or (d) an event defined... as a "default" under the Obligations occurs. In the event of default and if Secured Party requests, Borrower Debtor must assemble and make available all Collateral at a place and time designated by Secured Party. Upon default and at any time thereafter, Secured Party may declare all Obligations secured hereby immediately due and payable, and, in its sole discretion, may proceed to enforce payment of same and exercise any of the rights and remedies available to a secured party by law including those available to it under Article 9 of the UCC that is in effect in the jurisdiction where Borrower Debtor or the Collateral is located. Unless otherwise required under applicable law, Secured Party has no obligation to clean or otherwise prepare the Collateral for sale or other disposition and Borrower Debtor waives any right it may have to require Secured Party to enforce the security interest or payment or performance of the Obligations against any other person. View More

Default. Borrower is in default under this Agreement if: (a) Borrower fails to pay, perform or otherwise comply with any provision of this Agreement; (b) Borrower makes any materially false representation, warranty or certification in, or in connection with, this Agreement, the Note, or any other agreement related to the Note or this Agreement; Agreement ; (c) another secured party or judgment creditor exercises its rights against the Collateral; or (d) an event defined as a "default" under the... Obligations occurs. In the event of default and if Secured Party requests, Borrower must assemble and make available all Collateral at a place and time designated by Secured Party. Upon default and at any time thereafter, Secured Party may declare all Obligations secured hereby immediately due and payable, and, in its sole discretion, discretion , may proceed to enforce payment of same and exercise any of the rights and remedies available to a secured party by law including those available to it under Article 9 of the UCC that is in effect in the jurisdiction where Borrower or the Collateral is located. Unless otherwise required under applicable law, Secured Party has no obligation to clean or otherwise prepare the Collateral for sale or other disposition and Borrower waives any right it may have to require Secured Party to enforce the security interest or payment or performance of the Obligations against any other person. SBA Form 1059 (09-19) Previous Editions are obsolete. View More

Default. Borrower is in default under this Note if Borrower: A. Fails A.Fails to make a payment when due under the Note or otherwise fails to comply with any provision of this Note. B. Does B.Does not disclose, or anyone acting on its behalf does not disclose, any material fact to Lender or SBA. C. Makes, C.Makes, or anyone acting on its behalf makes, a materially false or misleading representation, attestation or certification to Lender or SBA in connection with Borrower's request for this Loan under... the CARES Act, or makes a false certification under paragraph 5 of this Note. D. Fails D.Fails to comply with all of the provisions of this Note. E. Becomes E.Becomes the subject of a proceeding under any bankruptcy or insolvency law, has a receiver or liquidator appointed for any part of its business or property, or makes an assignment for the benefit of creditors. F. Reorganizes, F.Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without Lender's prior written consent. G. Becomes G.Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower's ability to pay this Note. 3 | Page 8. LENDER'S RIGHTS IF THERE IS A DEFAULT. Without notice or demand and without giving up any of its rights, Lender may: A.Require immediate payment of all amounts owing under this Note. B.Collect all amounts owing from Borrower. C.File suit and obtain judgment. View More

Default. Borrower is in default under this Note if Borrower: A. Fails A.Fails to make a payment when due under the Note or otherwise fails to comply with any provision of this Note. B. Does B.Does not disclose, or anyone acting on its behalf does not disclose, any material fact to Lender or SBA. C. Makes, C.Makes, or anyone acting on its behalf makes, a materially false or misleading representation, attestation or certification to Lender or SBA in connection with Borrower's request for this Loan under... the CARES Act, or makes a false certification under paragraph 5 of this Note. D. Fails to comply with all of the provisions of this Note. E. Becomes Act. D.Becomes the subject of a proceeding under any bankruptcy or insolvency law, has a receiver or liquidator appointed for any part of its business or property, or makes an assignment for the benefit of creditors. F. Reorganizes, E.Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without Lender's prior written consent. G. Becomes F.Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower's ability to pay this Note. 3 7. LENDER'S RIGHTS IF THERE IS A DEFAULT. Without notice or demand and without giving up any of its rights, Lender may: A.Require immediate payment of all amounts owing under this Note. B.Collect all amounts owing from Borrower. C.File suit and obtain judgment. View More