definiens: means : ( i ) a failure of Borrower to pay when due and payable ( whether at maturity orotherwise ) any principal of this Note ; ( ii ) a failure of Borrower to pay when due and payable any interest or other amountpayable on this Note prior to the Maturity Date and such failure shall remain unremedied for a period of ten ( 10 ) consecutivedays ; ( iii ) a failure of Borrower to perform or comply with any agreement or covenant made by Borrower under this Note in anymaterial respect or any representation or warranty made by Borrower under this Note shall prove to have been untrue or incorrectin any material respect when made ; ( iv ) Borrower shall ( A ) commence a voluntary case under the federal bankruptcy laws ( as nowor hereafter in effect ), ( B ) file a petition seeking to take advantage of any other laws relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, ( C ) consent to or fail to contest in a timely and appropriatemanner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, ( D ) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee, or liquidator of itself or of a substantial part of its property, ( E ) admit in writing its inability to pay its debts as theybecome due, or ( F ) make a general assignment for the benefit of creditors ; ( v ) a case or other proceeding shall be commencedagainst Borrower in any court of competent jurisdiction seeking ( A ) relief under the federal bankruptcy laws ( as now or hereafterin effect ) or under any other laws relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, or ( B)the appointment of a trustee, receiver, custodian, liquidator or the like for Borrower or for all or substantially all of its assets, andsuch case or proceeding shall continue without dismissal or stay for a period of sixty ( 60 ) consecutive days, or an order grantingthe relief requested in such case or proceeding ( including, but not limited to, an order for relief under such federal bankruptcylaws ) shall be entered ; or ( vi ) any indebtedness of Borrower for money borrowed in excess of $ 250,000 shall be declared to bedue and payable, or required to be prepaid, prior to the stated maturity thereof, and Borrower shall fail to pay the same withinthirty ( 30 ) days of such declaration