Common use of LENDER'S RIGHTS Clause in Contracts

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the interest rate on this Note to 5.000 percentage points. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of California. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE County, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of California.

Appears in 3 contracts

Samples: Promissary Note (New Horizons Worldwide Inc), New Horizons Worldwide Inc, New Horizons Worldwide Inc

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LENDER'S RIGHTS. Upon default, Lender Xxxxxx may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon BorrowerXxxxxxxx's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 5.000 percentage pointspoints over the Index. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower Xxxxxxxx also will pay Lender that amount. This includes, subject to any limits under applicable law, LenderXxxxxx's attorneys' fees and LenderXxxxxx's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower Xxxxxxxx also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of California. If there is a lawsuit, Borrower Xxxxxxxx agrees upon LenderXxxxxx's request to submit to the jurisdiction of the courts of ORANGE County, the State of California. Lender Xxxxxx and Borrower Xxxxxxxx hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender Xxxxxx or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of California.

Appears in 2 contracts

Samples: Promissory Note (New Horizons Worldwide Inc), Promissory Note (New Horizons Worldwide Inc)

LENDER'S RIGHTS. Upon defaultIn the event Borrow fails to pay any installment on the due date therefor, Lender may shall have the right to declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without prior notice, and then Borrower will pay that amount. Upon Borrower's failure to shall forthwith pay all amounts declared due pursuant hereunder. In the event Borrower fails to this sectionpay any amounts due hereunder, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, do one or both of the following: (a) increase the interest rate variable Interest Rate on this Note to 5.000 FIVE (5) percentage pointspoints over the Index, and (b) add any unpaid accrued interest to principal and such sum will bear interest therefrom until paid at the rate provided in this Note (including any increased rate). Lender may hire or pay someone else to help collect this Note if Borrower does not pay. , and Borrower also will pay Lender that amountall costs or expenses associated therewith. This includesSuch costs include, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuitlawsuit if commenced, including attorneys' fees and legal expenses for incurred in any bankruptcy proceedings affecting Borrower (including efforts any action by Lender to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of California. If there is either party brings any action against the other for the enforcement, interpretation or otherwise arising out of this Note, then, unless subject matter jurisdiction or venue vest exclusively in a lawsuitdifferent court, Borrower agrees upon Lender's request to submit to said action shall be filed and prosecuted in the jurisdiction Superior (or Municipal) Court of the courts of ORANGE Los Angeles County, the State of California, and Borrower hereby consents to the exclusive jurisdiction and venue of said court. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, cross-complaint or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of California.

Appears in 1 contract

Samples: Business Loan Agreement (Citadel Holding Corp)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 5.000 percentage pointspoints over the Index. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amountamounts. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower will also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of CaliforniaTHIS NOTE HAS BEEN DELIVERED TO LENDER AND ACCEPTED BY LENDER IN THE STATE OF CALIFORNIA. If there is a lawsuitIF THERE IS A LAWSUIT, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE CountyBORROWER AGREES UPON LENDER'S REQUEST TO SUBMIT TO THE JURISDICTION OF THE COURTS OF SAN DIEGO COUNTY, the State of CaliforniaTHE STATE OF CALIFORNIA. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of CaliforniaTHIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA.

Appears in 1 contract

Samples: Loan Agreement (U S Laboratories Inc)

LENDER'S RIGHTS. Upon default, Upon(3) Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, do one or both of the following: (a) increase the variable interest rate on this Note to 5.000 6.000 percentage pointspoints over the index, and (b) add any unpaid accrued interest to principal and such sum will bear interest therefrom until paid at the rate provided in this Note (including any increased rate). Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of California. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE Los Angeles County, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. (Initial Here MR) This Note shall be governed by and construed in accordance with the laws of the State of California.

Appears in 1 contract

Samples: Credit Agreement (Mp3 Com Inc)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to by 5.000 percentage points. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment judgement collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of California. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE Los Angeles County, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of California.

Appears in 1 contract

Samples: Promissory Note (Cardiodynamics International Corp)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this sectiondefault, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 5.000 percentage pointspoints over the Index while the default remains uncured. The interest rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of CaliforniaWashington. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE King or Pierce County, the State of CaliforniaWashington. Lender and Borrower hereby waive the right xxx xxght to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of CaliforniaWashington.

Appears in 1 contract

Samples: Promissory Note (Pacific Aerospace & Electronics Inc)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note Agreement and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note Agreement to 5.000 6.000 percentage pointspoints over the Index. Lender may hire or pay someone else to help collect this Note Agreement if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note Agreement has been delivered to Lender and accepted by Lender in In the State of California. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE Santa Xxxxx County, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note Agreement shall be governed by and construed in accordance with the laws of the State of California.

Appears in 1 contract

Samples: Loan Agreement (Human Pheromone Sciences Inc)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note Agreement and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on in this Note Agreement to 5.000 6.000 percentage pointspoints over the Index. Lender may hire or pay someone else to help collect this Note Agreement if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment judgement collection services. Borrower also will pay any court costs, costs in addition to all other sums provided by law. This Note Agreement has been delivered to Lender and accepted by Lender in the State of California. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE Orange County, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. (Initial Here /s/ VCS) This Note Agreement shall be governed by and construed ------- in accordance with the laws of the State of California. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $15.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored.

Appears in 1 contract

Samples: Loan Agreement (Incomnet Inc)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid UNPAID interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to default, or if this section, including failure to pay upon Note is not paid at final maturity, Lender, at AT its option, may alsoadd any unpaid accrued interest to principal and such sum will bear interest therefrom until paid, if permitted under applicable law, increase at the interest rate on provided in this Note to 5.000 percentage pointsNOTE. Lender may hire or pay someone else to help collect this Note if it Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, . Lender's reasonable attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including reasonable attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of CaliforniaTHIS NOTE HAS BEEN DELIVERED TO LENDER AND ACCEPTED BY LENDER IN THE STATE OF DELAWARE. If there is a lawsuitIF THERE IS A LAWSUIT, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE CountyBORROWER AGREES UPON LENDER'S REQUEST TO SUBMIT TO THE JURISDICTION OF THE COURTS OF NEW CASTLE COUNTY, the State of California. Lender and Borrower hereby waive the right to any jury trial in any actionTHE STATE OF DELAWARE SUBJECT TO THE PROVISIONS ON ARBITRATION, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of CaliforniaTHIS NOTE SHALL BE GOVERNED BY AND CONSTRUED In ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE.

Appears in 1 contract

Samples: Astropower Inc

LENDER'S RIGHTS. Upon default, Lender Xxxxxx may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon BorrowerXxxxxxxx's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 5.000 5.500 percentage pointspoints over the Index. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower Xxxxxxxx also will pay Lender that amount. This includes, subject to any limits under applicable law, LenderXxxxxx's attorneys' fees and LenderXxxxxx's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower Xxxxxxxx also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of California. If there is a lawsuit, Borrower Xxxxxxxx agrees upon LenderXxxxxx's request to submit to the jurisdiction of the courts of ORANGE MARIN County, the State of California. Lender Xxxxxx and Borrower Xxxxxxxx hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender Xxxxxx or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of California.

Appears in 1 contract

Samples: Promissory Note (Mendocino Brewing Co Inc)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, do one or both of the following: (a) increase the variable interest rate on this Note to 5.000 percentage pointspoints over the index, and (b) add any unpaid accrued interest to principal and such sum will bear interest therefrom until paid at the rate provided in this Note (including any increased rate). Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of California. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE Santa Xxxxx County, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. (Initial Here /s/ GAG) This Note shall be governed by and construed in accordance with the laws of the State of California.

Appears in 1 contract

Samples: Business Loan Agreement (Spectrian Corp /Ca/)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, do one or both of the following: (a) increase the variable interest rate on this Note to 5.000 6.500 percentage pointspoints over the Index, and (b) add any unpaid accrued interest to principal and such sum will bear interest therefrom until paid at the rate provided in this Note (including any increased rate). Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment judgement collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. .* This Note has been delivered to Lender and accepted by Lender in the State of California. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE Santa Xxxxx County, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. (Initial Here MMF ) This Note shall be governed by and construed in accordance with the laws of the State of California.*

Appears in 1 contract

Samples: Commercial Security Agreement (Gynecare Inc)

LENDER'S RIGHTS. Upon default, Lender Xxxxxx may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon BorrowerXxxxxxxx's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the interest rate on this Note to 5.000 percentage points. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower Xxxxxxxx also will pay Lender that amountamount . This includes, subject to any limits under applicable law, LenderXxxxxx's attorneys' fees and LenderXxxxxx's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appealsinjunction),appeals, and any anticipated anticipate post-judgment collection services. Borrower also will pay any court costs, in . In addition to all other sums provided provide by law. This Note has been delivered to Lender and accepted by Lender in the State of CaliforniaTHIS NOTE HAS BEEN DELIVERED TO LENDER AND ACCEPTED BY XXXXXX IN THE STATE OF CALIFORNIA. If there is a lawsuitIF THERE IS A LAWSUIT, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of XXXXXXXX AGREES UPON XXXXXX'S REQUEST TO SUBMIT TO THE JURISDICTION OF THE COURTS OF ORANGE CountyCOUNTY, the State of CaliforniaTHE STATE OF CALIFORNIA. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of CaliforniaTHIS NOTE SHALL BE GOVERNED BY AN CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA.

Appears in 1 contract

Samples: Boyds Wheels Inc

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 5.000 5.500 percentage pointspoints over the Index. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of California. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE Los Angeles County, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of California.

Appears in 1 contract

Samples: Business Loan Agreement (Covalent Partners LLC)

LENDER'S RIGHTS. Upon default, Lender Xxxxxx may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will immediately pay that amount. Upon BorrowerXxxxxxxx's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, Lender may also, if permitted under applicable law, (a) increase the variable interest rate on this Note to 5.000 7.00 percentage pointspoints over the Index, and (b) add any unpaid accrued interest to principal and such sum will bear interest therefrom until paid at the rate provided in this Note (including any increased rate). Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower Xxxxxxxx also will pay Lender that amount. This includes, subject to any limits under applicable law, LenderXxxxxx's attorneys' fees and LenderXxxxxx's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, and further including the allocated cost of Xxxxxx's in-house counsel. Borrower Xxxxxxxx also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of California. If there is a lawsuit, Borrower Xxxxxxxx agrees upon LenderXxxxxx's request to submit to the jurisdiction of the courts of ORANGE San Diego County, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of California. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $25.00 if Borrower makes a payment on this Note and the check or preauthorized charge with which Borrower pays is later dishonored.

Appears in 1 contract

Samples: Synbiotics Corp

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lenderlender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 5.000 5.500 percentage pointspoints over the Index. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' attorney's fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of CaliforniaTHIS NOTE HAS BEEN DELIVERED TO LENDER AND ACCEPTED BY LENDER IN THE STATE OF CALIFORNIA. If there is a lawsuitIF THERE IS A LAWSUIT, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE CountyBORROWER AGREES UPON LENDER'S REQUEST TO SUBMIT TO THE JURISDICTION OF THE COURTS OF ALAMEDA COUNTY, the State of CaliforniaTHE STATE OF CALIFORNIA. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of CaliforniaTHIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA.

Appears in 1 contract

Samples: Aspec Technology Inc

LENDER'S RIGHTS. Upon default, Lender Xxxxxx may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon BorrowerXxxxxxxx's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 5.000 4.250 percentage pointspoints over the Index. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower Xxxxxxxx also will pay Lender that amount. This includes, subject to any limits under applicable law, LenderXxxxxx's attorneys' fees and LenderXxxxxx's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower Xxxxxxxx also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of California. If there is a lawsuit, Borrower Xxxxxxxx agrees upon LenderXxxxxx's request to submit to the jurisdiction of the courts of ORANGE Orange County, the State of California. Lender Xxxxxx and Borrower Xxxxxxxx hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender Xxxxxx or Borrower against the other. This Subject to the provisions on arbitration, this Note shall be governed by and construed in accordance with the laws of the State of California.

Appears in 1 contract

Samples: Change in Terms Agreement (Fresh Enterprises Inc)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this sectiondefault, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 5.000 3.500 percentage pointspoints over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of CaliforniaTHIS NOTE HAS BEEN DELIVERED TO LENDER AND ACCEPTED BY LENDER IN THE STATE OF NEBRASKA. If there is a lawsuitIF THERE IS A LAWSUIT, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE CountyBORROWER AGREES UPON LENDER'S REQUEST TO SUBMIT TO THE JURISDICTION OF THE COURTS OF LANCASTER COUNTY, the State of CaliforniaTHE STATE OF NEBRASKA. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of CaliforniaTHIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEBRASKA.

Appears in 1 contract

Samples: Transcrypt International Inc

LENDER'S RIGHTS. Upon defaultthe occurrence and during the continuance of an Event of Default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately duedue and payable, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, Lender at its option, may also, if permitted under applicable law, do one or both of the following: (a) increase the interest rate on this Note up to 5.000 percentage points. Lender may hire or pay someone else fourteen percent (14%) per annum, or, if lower, up to help collect the maximum interest amount allowable by applicable law, and (b) add any unpaid accrued interest to principal and such sum will bear interest therefrom until paid at the rate provided in this Note if Borrower does not payNote. Borrower also will agrees to pay all reasonable out of pocket expenses of Lender that amountin connection with the collection and enforcement of this Note. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection collections services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of California. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE Countyany federal or California state court located in San Francisco, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of California.

Appears in 1 contract

Samples: Cv Therapeutics Inc

LENDER'S RIGHTS. Upon defaultthe occurrence and during the continuance of an Event of Default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately duedue and payable, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, Lender at its option, may also, if permitted under applicable law, do one or both of the following: (a) increase the interest rate on this Note up to 5.000 percentage points. Lender may hire or pay someone else eighteen percent (18%) per annum, or, if lower, up to help collect the maximum interest amount allowable by applicable law, and (b) add any unpaid accrued interest to principal and such sum will bear interest therefrom until paid at the rate provided in this Note if Borrower does not payNote. Borrower also will agrees to pay all reasonable out of pocket expenses of Lender that amountin connection with the collection and enforcement of this Note. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection collections services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of California. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE Countyany federal or California State court located in San Francisco, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of California.

Appears in 1 contract

Samples: Sonic Solutions/Ca/

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note Agreement and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this sectiondefault, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note Agreement to 5.000 percentage pointspoints over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help collect this Note Agreement if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of CaliforniaTHIS AGREEMENT HAS BEEN DELIVERED TO LENDER AND ACCEPTED BY LENDER IN THE STATE OR ARIZONA. If there is a lawsuitIF THERE IS A LAWSUIT, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE CountyBORROWER AGREES UPON LENDER'S REQUEST TO SUBMIT TO THE JURISDICTION OF THE COURTS OF MARICOPA COUNTY, the State of CaliforniaTHE STATE OF ARIZONA. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of CaliforniaTHIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARIZONA.

Appears in 1 contract

Samples: Loan Agreement (Reconditioned Systems Inc)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 5.000 5.500 percentage pointspoints over the Index. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of California. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE County, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of California.

Appears in 1 contract

Samples: New Horizons Worldwide Inc

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LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 5.000 6.000 percentage pointspoints over the Index. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of CaliforniaTHIS NOTE HAS BEEN DELIVERED TO LENDER AND ACCEPTED BY LENDER IN THE STATE OF CALIFORNIA. If there is a lawsuitIF THERE IS A LAWSUIT, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE CountyBORROWER AGREES UPON LENDER'S REQUEST TO SUBMIT TO THE JURISDICTION OF THE COURTS OF NEVADA COUNTY, the State of CaliforniaTHE STATE OF CALIFORNIA. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of CaliforniaTHIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA.

Appears in 1 contract

Samples: Business Loan Agreement (Large Scale Biology Corp)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 5.000 percentage pointspoints over the Index. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided 11-30-1998 PROMISSORY NOTE LOAN NO. 3400069949 (CONTINUED) PAGE 2 -------------------------------------------------------------------------------- by law. This Note has been delivered to Lender and accepted by Lender in In the State of California. If there is Is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE NEVADA County, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of California.

Appears in 1 contract

Samples: Business Loan Agreement (Large Scale Biology Corp)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 5.000 percentage points. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of California. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE Los Angeles County, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of California.

Appears in 1 contract

Samples: Pledge and Security Agreement (Lifepoint Inc)

LENDER'S RIGHTS. Upon defaultIn the event of any default by Borrower --------------- hereunder, in making any payment hereunder, or performing any other obligation or condition provided for hereunder, or contained in any other agreement of Borrower with Xxxxxx, or any default as defined in Paragraph 10, below, Lender may may, at its option, declare the entire unpaid principal balance on of this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon BorrowerXxxxxxxx's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the interest rate on otherwise chargeable pursuant to this Note to 5.000 Note, by five (5) percentage pointspoints per annum. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, LenderXxxxxx's reasonable attorneys' fees and Lender's legal expenses expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower Xxxxxxxx also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of California, County of Los Angeles. If there is a lawsuit, Borrower Xxxxxxxx agrees upon LenderXxxxxx's request to submit summit to the jurisdiction of the courts Courts of ORANGE Los Angeles County, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance `with the laws of the State of California.

Appears in 1 contract

Samples: Fountain View Inc

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this sectiondefault, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 5.000 5.750 percentage pointspoints over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of CaliforniaNevada. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE Xxxxx County, the State of CaliforniaNevada (Initial Here __[ILLEGIBLE]___). Lender and Borrower hereby waive Subject to the right to any jury trial in any actionprovisions on arbitration, proceeding, or counterclaim brought by either Lender or Borrower against the other. This this Note shall be governed by and construed in accordance with the laws of the State of CaliforniaNevada.

Appears in 1 contract

Samples: Loan Agreement (PDS Financial Corp)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 5.000 2.000 percentage pointspoints over the Prime Rate. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' ; fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of California. This Note is secured, however, by the lien of a (Deed of Trust or Mortgage, as applicable), Security Agreement, Financing Statement and Assignment of Rents encumbering real property in the State of . If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE Los Angeles County, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of California, except to the extent that the laws of the State of govern the exercise of Lender's foreclosure and other real property remedies.

Appears in 1 contract

Samples: Water Pik Technologies Inc

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note Agreement and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the interest rate on this Note to 5.000 percentage points. ATTORNEYS' FEES; EXPENSES Lender may hire or pay someone else to help collect this Note Agreement if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses expenses, whether or not there is a lawsuit, including attorneys' fees and legal fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals, and any anticipated post-judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW This Note Agreement will be governed by, construed and enforced In accordance with federal law and the laws of the Stale of California. This Agreement has been delivered to Lender and accepted by Lender in In the State Stale of California. If CHOICE OF VENUEIf there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE BUTTE County, the State of California. DISHONORED ITEM FEE Borrower will pay a fee to Lender of $10.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower hereby waive pays is later dishonored. COLLATERAL Borrower acknowledges this Agreement is secured by the right following collateral described In the security instrument listed herein: a Deed of Trust dated March 24, 2003, to a trustee in favor of Lender on real property located in BUTTE County, Stale of California. That agreement contains the following due on sale provision: Lender may, at Lender's option, declare immediately due and payable all sums secured by the Deed of Trust upon the sale or transfer. Without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Re~1 Properly or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or Involuntary; whether by outright sale, deed, Installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any jury trial in any action, proceedingland trust holding title to the Real Properly, or counterclaim brought by either Lender any other method of conveyance of an interest in the Real Properly. If any Borrower is a corporation, partnership or Borrower against the other. This Note shall be governed by and construed limited liability company, transfer also includes any change in accordance with the laws ownership of more than Twenty-five percent (25%) of the State voting stock, partnership interests or Limited liability company interests, as the case may be, of Californiasuch Borrower. However, this option shall not be exercised by Lender if such exercise is prohibited by applicable law.

Appears in 1 contract

Samples: Change in Terms Agreement (Fafco Inc)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 5.000 percentage pointspoints over the Index. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of CaliforniaTHIS NOTE HAS BEEN DELIVERED TO LENDER AND ACCEPTED BY LENDER IN THE STATE OF CALIFORNIA. If there is a lawsuitIF THERE IS A LAWSUIT, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE CountyBORROWER AGREES UPON LENDER'S REQUEST TO SUBMIT TO THE JURISDICTION OF THE COURTS OF NEVADA COUNTY, the State of CaliforniaTHE STATE OF CALIFORNIA. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of CaliforniaTHIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA.

Appears in 1 contract

Samples: Business Loan Agreement (Large Scale Biology Corp)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to by 5.000 percentage points. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of California. If there is Is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE SAN DIEGO County, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in In accordance with the laws of the State of California.

Appears in 1 contract

Samples: Loan Agreement (U S Laboratories Inc)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, do one or both of the following: (a) increase the variable interest rate on this Note to 5.000 5.500 percentage pointspoints over the index, and (b) add any unpaid accrued interest to principal and such sum will bear interest therefrom until paid at the rate provided in this Note (including any increased rate). Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of California. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE Los Angeles County, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. (Initial Here M B ) This Note shall be governed by ----- and construed in accordance with the laws of the State of California.

Appears in 1 contract

Samples: Credit Agreement (LXN Corp)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note Agreement and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note Agreement to 5.000 percentage pointspoints over the Index. Lender may hire or pay someone else to help collect this Note Agreement if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note Agreement has been delivered to Lender and accepted by Lender in In the State of California. If there is Is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE SAN DIEGO County, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note Agreement shall be governed by and construed in In accordance with the laws of the State of California.,

Appears in 1 contract

Samples: Business Loan Agreement (U S Laboratories Inc)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 5.000 percentage pointspoints over the Index. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of California. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE CountySanta Clarx Xxxnty, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of California.

Appears in 1 contract

Samples: Business Loan Agreement (Iridex Corp)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note Agreement and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this sectiondefault, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note Agreement to 5.000 2.000 percentage pointspoints over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help collect this Note Agreement if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of CaliforniaTHIS AGREEMENT HAS BEEN DELIVERED TO LENDER AND ACCEPTED BY LENDER IN THE STATE OF MINNESOTA. If there is a lawsuitIF THERE IS A LAWSUIT, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE CountyBORROWER AGREES UPON LENDER'S REQUEST TO SUBMIT TO THE JURISDICTION OF THE COURTS OF HENNEPIN COUNTY, the State of CaliforniaTHE STATE OF MINNESOTA. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed in accordance with the laws of the State of CaliforniaTHIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MINNESOTA.

Appears in 1 contract

Samples: Change in Terms Agreement (Medicalcv Inc)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. amount Upon Borrower's Borrowers failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if fl permitted under applicable law, do one or both of the following: (a) increase the variable interest rate on this Note to 5.000 6.000 percentage pointspoints over the Index, and (b) add any unpaid accrued Interest to principal and such sum will bear interest therefrom until paid at the rate provided in this Note (including any increased rate). Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's *,'. tenders attorneys' fees and Lender's Lenders legal expenses whether or not there is a lawsuit, including attorneys' " fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in In the State of California. If there is a lawsuit, lawsuit Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE REQUEST TO SUBMIT TO THE JURISDICTION OF THE COURTS OF Santa Clam County, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the otherOther. (Initial Here ______) This Note shall be governed by and construed in accordance with the laws of the State of California.

Appears in 1 contract

Samples: Business Loan Agreement (Solopoint Inc)

LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure to pay all amounts declared due pursuant to this section, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, do one or both of the following: (a) increase the variable interest rate on this Note to 5.000 6.000 percentage pointspoints over the Index, and (b) add any unpaid accrued interest to principal and such sum will bear interest therefrom until at the rate provided in this Note (including any increased rate). Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' attorney's fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. This Note has been delivered to Lender and accepted by Lender in the State of California. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ORANGE Los Angeles County, the State of California. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. (Initial Here Initials Appear Here) This -------------------- Note shall be governed by and construed in accordance with the laws of the State of California.

Appears in 1 contract

Samples: Loan and Security Agreement (Lifeminders Com Inc)

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