Common use of S RIGHTS Clause in Contracts

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 5.500 percentage points over the Index. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuite, 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-judgement collection services. Borrower also will pay court costs, in addition to all other sums provided by law. THE 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 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 2 contracts

Samples: Loan Agreement (Hemacare Corp /Ca/), Loan Agreement (Hemacare Corp /Ca/)

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S RIGHTS. Upon default, Lender Xxxxxx may declare the entire indebtedness, including the unpaid principal balance on this Note and Note, all accrued unpaid interest interest, and all other amounts, costs and expenses for which Borrower is responsible under this Note or any other agreement with Lender pertaining to this loan, immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure Xxxxxx may hire an attorney 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 help collect this Note to 5.500 percentage points over the Index. This includesif Borrower does not pay, subject to any limits under applicable law, Lenderand Borrower will pay Xxxxxx's reasonable attorneys' fees and Lender's legal expenses whether or not there is a lawsuite, 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-judgement collection servicesfees. Borrower also will pay Lender all other amounts actually incurred by Xxxxxx as court costs, lawful fees for filing, recording, or releasing to any public office any instrument securing this loan; the reasonable cost actually expended for repossessing, storing, preparing for sale, and selling any security, and fees for noting a lien on or transferring a certificate of title to any motor vehicle offered as security for this loan, or premiums or identifiable charges received in addition to all other sums provided by lawconnection with the sale of authorized insurance. THE THIS NOTE HAS BEEN DELIVERED TO LENDER AND ACCEPTED BY LENDER IN THE STATE OF CALIFORNIATEXAS. IF THERE IS A LAWSUIT, BORROWER AND IF THE TRANSACTION EVIDENCED BY THIS NOTE OCCURRED IN DALLAS COUNTY, XXXXXXXX AGREES UPON LENDERXXXXXX'S REQUEST TO SUBMIT TO THE JURISDICTION OF THE COURTS OF LOS ANGELES DALLAS 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 OTHERTEXAS. THIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIATEXAS AND APPLICABLE FEDERAL LAWS.

Appears in 1 contract

Samples: Promissory Note (United Medicorp Inc)

S RIGHTS. Upon default, Lender may Lendxx xxx declare the entire indebtedness, including the unpaid principal balance on this Note and Note, all accrued unpaid interest interest, and all other amounts, costs and expenses for which Borrower is responsible under this Note or any other agreement with lender pertaining to this loan, immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure Lendxx xxx hire an attorney 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 help collect this Note to 5.500 percentage points over the Index. This includesif Borrower does not pay, subject to any limits under applicable law, Lender's and Borrower will pay Lendxx'x xeasonable attorneys' fees and Lender's legal expenses whether or not there is a lawsuite, 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-judgement collection servicesfees. Borrower also will pay Lender all other amounts actual incurred by Lendxx xx court costs, lawful fees for filing, recording, or releasing to any public office any instrument securing this loan, the reasonable cost actually expended for repossessing, storing, preparing for sale, and selling any security; and fees for noting a lien on or transferring a certificate of title to any motor vehicle offered as security for this loan, or premiums or identifiable charges received in addition to all other sums provided by lawconnection with the sale of authorized insurance. THE THIS NOTE HAS BEEN DELIVERED TO LENDER AND ACCEPTED BY LENDER IN THE STATE OF CALIFORNIATEXAS. IF THERE IS A LAWSUIT, BORROWER AGREES AND IF THE TRANSACTION EVIDENCED BY THIS NOTE OCCURRED IN DALLAS COUNTY, BORRXXXX XXXEES UPON LENDER'S REQUEST LENDXX'X XEQUEST TO SUBMIT TO THE JURISDICTION OF THE COURTS OF LOS ANGELES DALLAS COUNTY, THE STATE OF CALIFORNIATEXAS. LENDER AND LENDXX XXX BORROWER HEREBY WAIVE THE RIGHT TO ANY JURY TRIAL IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER LENDER OR LENDXX XX BORROWER AGAINST THE OTHER. (INITIAL HERE [/s/WBG C/S]. THIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIATEXAS AND APPLICABLE FEDERAL LAWS.

Appears in 1 contract

Samples: Promissory Note (Ergobilt Inc)

S RIGHTS. Upon default, Lender may declare the entire indebtedness, including the unpaid principal balance on this Note and Note, all accrued unpaid interest interest, and all other amounts, costs and expenses for which Borrower is responsible under this Note or any other agreement with Lender pertaining to this loan, immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure Lender may hire an attorney 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 help collect this Note to 5.500 percentage points over the Index. This includesif Borrower does not pay, subject to any limits under applicable law, and Borrower will pay Lender's reasonable attorneys' fees and Lender's legal expenses whether or not there is a lawsuite, 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-judgement collection servicesfees. Borrower also will pay Lender all other amounts actually incurred by Lender as court costs, lawful fees for filing, recording, or releasing to any public office any instrument securing this loan; the reasonable cost actually expended for repossessing, storing, preparing for sale, and selling any security; and fees for noting a lien on or transferring a certificate of title to any motor vehicle offered as security for this loan, or premiums or identifiable charges received in addition to all other sums provided by lawconnection with the sale of authorized insurance. THE THIS NOTE HAS BEEN DELIVERED TO LENDER AND ACCEPTED BY LENDER IN In THE STATE OF CALIFORNIATEXAS. IF THERE IS A LAWSUIT, AND IF THE TRANSACTION EVIDENCED BY THIS NOTE OCCURRED IN BEXAR COUNTY, BORROWER AGREES UPON LENDER'S REQUEST TO SUBMIT TO THE JURISDICTION OF THE COURTS OF LOS ANGELES BEXAR COUNTY, THE STATE OF CALIFORNIATEXAS. 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 NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIATEXAS AND APPLICABLE FEDERAL LAWS.

Appears in 1 contract

Samples: Loan Agreement (Taylor Companies Inc)

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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 5.500 6.500 percentage points 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 increase 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 lawsuitelawsuit, 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-judgement judgment collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. THE 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 LOS ANGELES 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.

Appears in 1 contract

Samples: Terms Agreement (Viasat Inc)

S RIGHTS. Upon default, Lender may declare the entire indebtedness, including the unpaid principal balance on this Note and Agreement, all accrued unpaid interest interest, and all other amounts, costs and expenses for which Borrower is responsible under this Agreement or any other agreement with Lender pertaining to this loan, immediately due, without notice, and then Borrower will pay that amount. Upon Borrower's failure Lender may hire an attorney to help collect this Agreement if Borrower does not pay, and Borrower will 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 5.500 percentage points over the Index. 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 lawsuite, 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-judgement collection servicesfees. Borrower also will pay Lender all other amounts actually incurred by lender as court costs, lawful fees for filing, recording, or releasing to any public office any instrument securing this loan; the reasonable cost actually expended for repossessing, storing, preparing for sale, and selling any security; and fees for noting a lien on or transferring a certificate of title to any motor vehicle offered as security for this loan, or premiums or identifiable charges received in addition to all other sums provided by lawconnection with the sale of authorized insurance. THE NOTE THIS AGREEMENT HAS BEEN DELIVERED TO LENDER AND ACCEPTED BY LENDER IN THE STATE OF CALIFORNIATEXAS. IF THERE IS A LAWSUIT, AND IF THE TRANSACTION EVIDENCED BY THIS AGREEMENT OCCURRED IN XXXXXX COUNTY, BORROWER AGREES UPON LENDER'S REQUEST TO SUBMIT TO THE JURISDICTION OF THE COURTS OF LOS ANGELES XXXXXX COUNTY, THE STATE OF CALIFORNIATEXAS. 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 NOTE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIATEXAS AND APPLICABLE FEDERAL LAWS.

Appears in 1 contract

Samples: Change in Terms Agreement (Classic Trends International Inc)

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