Common use of Creditor or Forfeiture Proceedings Clause in Contracts

Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any collateral securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the Creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. EVENTS AFFECTING GUARANTOR. Any of the preceding events occurs with respect to Guarantor of any of the Indebtedness or Guarantor dies or becomes incompetent.

Appears in 1 contract

Samples: Security Agreement (Pods Inc)

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Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency against any collateral securing the Indebtedness. This includes a garnishment of any of Borrower's or Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or of reasonableness of the claim which is s the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the Creditor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. EVENTS AFFECTING GUARANTOR. Any of the preceding events occurs with respect to Guarantor of any of the Indebtedness or Guarantor dies or becomes incompetentincompetent or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.

Appears in 1 contract

Samples: Security Agreement (Ophthalmic Imaging Systems)

Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any collateral securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the Creditor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. EVENTS AFFECTING GUARANTOR. Any of the preceding events occurs with respect to Guarantor any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or Guarantor guarantor, endorser, surety, or accommodation party dies or becomes incompetentincompetent or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.

Appears in 1 contract

Samples: Security Agreement (MedAire, Inc.)

Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any collateral securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the Creditor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. EVENTS AFFECTING GUARANTOR. Any of the preceding events occurs with respect to Guarantor guarantor, endorser, surety, or accommodation party of any of the Indebtedness or Guarantor guarantor, endorser, surety, or accommodation party dies or becomes incompetent. ADVERSE CHANGE. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired.

Appears in 1 contract

Samples: Business Loan Agreement (Large Scale Biology Corp)

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Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental government agency against any collateral securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the Creditor creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. EVENTS AFFECTING GUARANTOR. Any of the preceding events occurs with respect to Guarantor guarantor, endorser, surety or accommodation party of any of the Indebtedness or Guarantor guarantor, endorser, surety, or accommodation party dies or becomes incompetent. ADVERSE CHANGE. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired.

Appears in 1 contract

Samples: Commercial Security Agreement (Wellington Hall LTD)

Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency against any collateral securing the Indebtedness. This includes a garnishment of any of Borrower’s or Grantor's ’s accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if (A) there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding proceeding, and (B) if Borrower or Grantor gives Lender written notice of the Creditor creditor or forfeiture proceeding and deposits deposits, with Lender Lender, monies or a surety bond for the creditor or forfeiture proceeding, proceeding in an amount determined by Lender, in its sole sale discretion, as being an adequate reserve or bond for the dispute. EVENTS AFFECTING GUARANTORInsufficient Market Value of Securities. [Intentionally Omitted] Events Affecting Guarantor. Any of the preceding events occurs with respect to Guarantor any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or Guarantor guarantor, endorser, surety, or accommodation party dies or becomes incompetentincompetent or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.

Appears in 1 contract

Samples: Commercial Pledge Agreement (Advanced Life Sciences Holdings, Inc.)

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