Maker. Holder: ----- ------ Padova International USA, Inc. ________________ 1284 Puerta Del Sol, Suite 150 ________________ Xxx Xxxxxxxx, XX 00000 ________________ Xxxxx: 000-000-0090 Phone: Fax: 949-498-0000 Fax: Attn: Donald Xxxxxxx Attn: Copy to: Xxxx X. Xxtcher Fax: 858-279-1799 Exhibits: Xxxxxxx X: Original Promissorx Xxxx Exhibit B: New Promissory Note
Maker for itself and all endorsers, guarantors and sureties of this Note, and their heirs, successors, assigns and legal representatives, hereby waives presentment for payment, demand, notice of nonpayment, notice of dishonor, protest of any dishonor, notice of protest and protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default or enforcement of the payment of this Note except as provided in the Receivables Loan Agreement, and agrees that their respective liability shall be unconditional and without regard to the liability of any other party and shall not be in any manner affected by any indulgence, extension of time, renewal, waiver or modification granted or consented to by Holder. Maker, for itself and all endorsers, guarantors and sureties of this Note, and their heirs, legal representatives, successors and assigns, hereby consents to every extension of time, renewal, waiver or modification that may be granted by Holder with respect to the payment or other provisions of this Note, and to the release of any makers, endorsers, guarantors or sureties, and of any collateral given to secure the payment hereof, or any part hereof, with or without substitution, and agrees that additional makers, endorsers, guarantors or sureties may become parties hereto without notice to Maker or to any endorser, guarantor or surety and without affecting the liability of any of them.
Maker its directors, officers, employees, members, and agents will have no personal liability for any deficiency under this instrument.
Maker. The Provider of this Agreement is America’s Preferred Home Warranty, Inc., 0000 Xxxxxx Xxxxx Xx. Xxxxxxx XX 49203 1-800-648-5006
Maker. (a) generally shall not pay its debts as they become due, shall become insolvent, shall suspend its usual business or shall cease to exist; (b) shall enter into an agreement with its creditors to reduce its obligations to them or to defer their fulfillment, make a general assignment for the benefit of its creditors, commence any proceeding relating to it under any Chapter of Title 11 of the United States Code or seek discharge or reduction of its debts, an arrangement, composition, reorganization or any other form of relief from its creditors or from a court or governmental agency pursuant to any bankruptcy, reorganization, arrangement, readjustment of debt, receivership, dissolution, or liquidation law, statute or procedure of any jurisdiction (federal, state or foreign) for the relief of financially distressed debtors (each of the foregoing a "Debtor Relief Procedure"): (c) shall have instituted, initiated or commenced against it a Debtor Relief Procedure and, if under Title 11 of the United States Code, an order for relief is entered or the petition is controverted but is not dismissed within 30 days after the commencement of the case or, if under another Debtor Relief Procedure, the substantial equivalent occurs or the Debtor Relief Procedure is not dismissed or otherwise terminated within 30 days of its commencement; or (d) shall take any action to effect any event described in clauses (a), (b) or (c) above. In the event that the Maker shall default in payment of this Promissory Note when due, simple interest shall accrue on the then unpaid principal amount hereof, from the date of any such default until the date the unpaid principal amount hereof is paid in full, at the rate of ten percent (10%) per annum and the Maker shall pay all reasonable costs of collection, paid or incurred by the Payee, whether paid or incurred in connection with collection by suit or otherwise. The Maker of this Promissory Note hereby waives demand, protest, notice of dishonor and notice of maturity, non-payment or protest and any and all requirements necessary to hold it liable as a maker of this Promissory Note. All payments of principal, interest and any other amounts due hereunder shall be made in the amounts required hereby without any reduction or set off of any kind whatsoever, including, without limitation, any reduction or set off with respect to any claim, counterclaim, defense or other right which Maker may have against the Payee. The waiver by the Payee of the Ma...
Maker s obligation to pay the unpaid principal balance of the Loan Amount shall be limited to the available funds of Maker which are not otherwise encumbered as of the date of this Promissory Note.
Maker and all sureties and endorser of this Note hereby (a) waive demand, presentment for payment, notice of nonpayment, protest, notice of protest and all other notice, filing of suit and diligence in collecting this Note, in enforcing any of the security rights or in proceeding against any of the property covered by the Instruments, (b) agree to any substitution, exchange, addition or release of any such property or the addition or release of any party or person primarily or secondarily liable hereon, (c) agree that Lender shall not be required first to institute any suit, or to exhaust its remedies against Maker or any other person or party in order to enforce payment of this Note or any guarantee, (d) consent to any extension, rearrangement, renewal or postponement of time of payment of this Note and to any other indulgence with respect hereto without notice, consent or consideration to any of them, (e) waive any defense arising out of the alleged negligent release of any parties, and (f) agree that, notwithstanding the occurrence of any of the foregoing, except as to any such person expressly released in writing by Lender they shall be and remain jointly and severally, directly and primarily, liable for all sums due hereunder and under any and all of the Instruments.
Maker. The term “Maker” as used in this Note shall include the Maker and the respective successors and assigns thereto or thereof.
Maker becomes insolvent, bankrupt or generally fails to pay its debts as such debts become due; is adjudicated insolvent or bankrupt; admits in writing its inability to pay its debts; or shall suffer a custodian, receiver or trustee for it or substantially all of its property to be appointed and if appointed without its consent, not be discharged within thirty (30) days; makes an assignment for the benefit of creditors; or suffers proceedings under any law related to bankruptcy, insolvency, liquidation or the reorganization, readjustment or the release of debtors to be instituted against it and if contested by it not dismissed or stayed within ten (10) days; if proceedings under any law related to bankruptcy, insolvency, liquidation, or the reorganization, readjustment or the release of debtors is instituted or commenced by Maker; if any order for relief is entered relating to any of the foregoing proceedings; if Maker shall call a meeting of its creditors with a view to arranging a composition or adjustment of its debts; or if Maker shall by any act or failure to act indicate its consent to, approval of or acquiescence in any of the foregoing;
Maker expressly waives presentment for payment, notice of dishonor, protest, notice of protest, diligence of collection, and any other notice of any kind, and hereby consents to any number of renewals or extensions of time for payment hereof, which renewals and extensions shall not affect the liability of any party to this Note; and further agrees that Payee may accept, by way of compromise or settlement, from any party, a sum or sums less than the amount due Payee under this Note, and may give releases to such parties without affecting the liability of any other party for the unpaid balance. Any such renewals or extensions may be made and any such partial payments accepted or releases given without notice to any such party. Maker hereby waives and releases all procedural errors, defects and imperfections in any proceeding instituted by Payee under the terms of this Note as well as all benefits that might accrue to Maker by virtue of any present or future laws (i) exempting any property, real, personal or mixed, or any part of the proceeds arising from any sale of such property, from attachment, levy or sale under execution; or (ii) providing for any stay of execution, exemption from civil process, or extension of time for payment. Maker agrees that any real estate that may be levied upon pursuant to a judgment obtained by virtue hereof, on any writ of execution issued thereon, may be sold upon any such writ in whole or in part or in any other manner desired by Payee.
