Business Debt Restructuring in North Dakota: 7 Laws That Change Your Leverage (2026)

The North Dakota Chapter Almost Nobody Reads Before They Fund Here

North Dakota repealed its Small Loans act, its Consumer Finance Act and its Bank Installment Loans chapter. What survived that clearing out is N.D.C.C. ch. 13-04.1, the money brokers chapter, which by its own words covers the act of arranging or providing loans or leases as a form of financing for persons or businesses desirous of obtaining funds for any purposes. Nothing in that sentence says consumer, and the Department of Financial Institutions answers the question directly on its own published FAQ page, saying that the broad definition of money brokering includes both consumer and commercial lending. A license is required under §13-04.1-02 whenever the borrower resides in North Dakota, which means an out of state funder is inside the chapter the moment it writes an advance to a Bismarck or Minot company.

That matters because §13-04.1-09.3(1) tells a licensee it may not contract for or receive finance charges on a loan in excess of an annual rate of 36%, including all charges and fees necessary for the extension of credit incurred at origination. Section 13-04.1-13 then makes a violation of the chapter a class C felony carrying up to five years and a $10,000 fine under §12.1-32-01(4), plus a civil money penalty the commissioner may set at up to $100,000 for each occurrence. The honest version belongs before the pitch. Whether that chapter reaches a genuine purchase of future receivables is not settled, because §13-04.1-01.1(3) defines a loan as a contract to deliver money and get an equivalent sum back later. House Bill 1127, effective August 1, 2025, added only that the definition includes alternative financing products as identified by the commissioner through the issuance of an order.

We looked for that order and could not find one published as of August 2026, so the correct way to describe North Dakota is a state that built the hook and has not yet swung it, which is very different from a state that has nothing. The other six bodies of law run from the paper you signed to the money in your account. They cover what a confession of judgment actually requires here, what the interest ceiling does and does not cover, and how far back a creditor reaches for transfers you already made. They also cover how fast a garnishee summons reaches the operating account, how long the judgment lives afterward, which deceptive practices statute your company can personally sue under, and what a guaranty leaves you standing on once your own name is on the judgment.

1. The Confession of Judgment Lives in a Rule, Not the Code

Search the North Dakota Century Code for a confession of judgment chapter and the index answers with Chapter 28-10, Confession of Judgment, followed by the bracketed words superseded by North Dakota Rules of Civil Procedure. A fifty state survey built by grepping statutes stops there and reports that North Dakota has no confessed judgment device, which is wrong. The operative text is N.D.R.Civ.P. 68(c), effective March 1, 2011, and subdivision (c)(1) says plainly that a judgment by confession may be entered without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both. North Dakota therefore permits the entry of a money judgment against your company before any complaint is ever filed, and there is no consumer or commercial distinction anywhere in the subdivision.

What saves most North Dakota businesses is the machinery the rule attaches to that permission. Under Rule 68(c)(2) a written statement must be made, signed by the defendant, and verified by oath. That statement has to give the amount for which judgment may be entered, authorize the entry, and set out the concise facts underlying the debt while showing that the debt is justly due or to become due. If the confession secures a contingent liability instead, the statement must recite the facts constituting that liability and show that the sum confessed does not exceed it. Under Rule 68(c)(3) the statement goes to the court, and only if the court finds it sufficient does the court order the clerk to enter judgment, with the statement, the order and the judgment together forming the judgment roll.

Compare that to what an advance agreement usually contains, which is a paragraph appointing any attorney the funder chooses to appear and admit liability in whatever amount the funder later declares. That paragraph is a warrant of attorney, and it is a different animal from a Rule 68(c) statement in every respect the rule cares about. It is not signed as a sworn statement, it carries no oath, it recites no concise facts, and it fixes no amount. It also asks a court to enter judgment without the sufficiency review the rule requires. From the funder’s side of the table, the appeal of cognovit paper is that it converts a contested collection matter into a clerk’s errand, and a rule that routes the paper through a judge before entry removes most of that value.

The North Dakota Supreme Court’s own explanatory note to Rule 68 says that subdivision (c) is the same as Chapter 28-10 of the 1943 revised code, which previously governed the subject. It then adds that depending upon the facts of a particular case a confession of judgment may be vulnerable to constitutional attack, citing D. H. Overmyer Co. v. Frick Co., 405 U.S. 174 (1972). The same note records that early in its history the court held that the authority to confess judgment must be clear and explicit and must be strictly followed, citing Rasmussen v. Hagler, 108 N.W. 541 (N.D. 1906). Those two sentences are the whole defense strategy on a confessed North Dakota judgment, and if your funder took one in another state and is now docketing it here, that is a different fight worth taking to a North Dakota litigator immediately.

2. No Disclosure Statute, and a Licensing Chapter Instead

As of August 2026 the North Dakota Century Code contains no commercial financing disclosure requirement, and we verified that against the legislature’s own full chapter index rather than a summary. Title 13 runs from general provisions through residential mortgage loan servicers without a commercial financing chapter anywhere in it, title 51 runs from transient merchants to automatic renewal clauses with the same result, and the strings commercial financing, sales based financing, credit services organization and loan broker return zero occurrences across the entire index. No North Dakota law requires a funder to hand your business a page stating the amount financed, the amount you actually receive after fees, the total repayment or an estimated annual percentage rate. Anyone telling you a missing disclosure voids your North Dakota advance is describing New York, California or Virginia and has not checked whether it travels.

What North Dakota built instead is a licensing regime, and it is written broadly enough that the fight is about coverage rather than about whether the statute has teeth. Money brokering under §13-04.1-01.1(5) means arranging or providing loans or leases as a form of financing. It also means advertising or soliciting in print, by letter, in person or otherwise the right to find lenders or provide loans for persons or businesses desirous of obtaining funds for any purposes, which on its face captures both the independent sales organization that placed your deal and the funder that wrote it. Section 13-04.1-02 fixes the geography by providing that a person engages in money brokering in North Dakota if the borrower resides in North Dakota, so incorporating the funder in Delaware and running it from Florida does not move the transaction out of the chapter.

The exemption list at §13-04.1-02.1 is where a commercial funder would expect to find shelter and does not. Fifteen categories are excused, and every one of them is a chartered or already licensed institution or a seller financing its own goods. The list runs to banks, credit unions, savings and loan associations, insurance companies, residential mortgage lenders licensed under ch. 13-12, and individuals licensed under ch. 13-10 acting as mortgage loan originators. It continues with state and federal agencies, institutions chartered by the Farm Credit Administration, trust companies, and any other person or business regulated and licensed to lend money by the state of North Dakota. It closes with real estate brokers financing property they sold, sellers and manufacturers financing their own inventory, licensed pawnbrokers, certified development corporations, and small volume 501(c)(3) lenders. A merchant cash advance funder appears in none of them, and neither does the broker who called you.

The consequence of that gap is unusually sharp for a licensing statute. Section 13-04.1-09(7) makes it a violation to conduct business covered by the chapter without a valid license or to assist or aid and abet anyone who does. Section 13-04.1-09.1 forbids a money broker from taking any type of fee in advance of funding unless it is licensed. Section 13-04.1-13 turns a violation into a class C felony while authorizing a civil money penalty of up to $100,000 for each occurrence and $1,000 per day for each day it continues after an order. Section 13-04.1-12 adds that these remedies are in addition to and not exclusive of any other remedies provided by law, which is the language that keeps a private theory alive rather than swallowing it.

3. A Ceiling That Moves Monthly, and Five Doors Around It

North Dakota does not carry a fixed usury number the way most states do. Section 47-14-09(1) sets the maximum contract rate at five and one half percent per annum above the current cost of money, measured by the average rate payable on United States treasury bills maturing in six months in effect for North Dakota. The measuring window is the six months preceding the month of the transaction, the state banking commissioner computes and declares the figure on the last day of each month, and a floor keeps the ceiling from ever falling below 7%. The Department of Financial Institutions publishes the resulting figure, and for August 2026 it is 9.154%, up from 9.093% in July, 9.059% in June, 9.070% in May and 9.082% in April. The section also bars compounding, permits a minimum interest charge of $15, and declares that any violation of the section is usury.

Then subsection 2 takes almost every commercial advance back out. The ceiling does not apply to a bona fide pawnbroking transaction up to $10,000 under a pawnbroker’s license. It does not apply to a loan made to a foreign or domestic corporation, a foreign or domestic limited liability company, a cooperative corporation or association, or a trust. It does not apply to a loan made to a partnership, limited partnership or association that files a state or federal partnership income tax return, to a loan or forbearance whose principal amount is more than $35,000, or to a loan made by a lending institution regulated or funded by a state or federal agency. If your borrower entity is an LLC or a corporation the cap is gone on the entity door alone, no matter how small the advance is, which is why the entity you signed as is the first thing worth checking.

The door that stays open is narrow and genuinely useful to the operators who fall through it. A sole proprietor is not listed anywhere in subsection 2, and neither is a general partnership that files no partnership return, so an advance of $35,000 or less to an individual running a trucking route or a service business in that posture is still measured against the declared ceiling. Section 47-14-10 then prices the violation in a way very few states match: taking, receiving, reserving or charging a rate greater than the law allows forfeits the entire interest the instrument carries or that was agreed to be paid on it, and in addition forfeits 25% of the principal. Where the greater rate has already been paid, the payer may recover back twice the interest paid together with 25% of the principal, on a four year clock running from the usurious transaction.

Subsection 2 of §47-14-10 gives the remedy that actually shows up in a workout, because instead of suing the payer may offset twice the amount of that interest against any indebtedness owed to the party that received it. Section 47-14-11 adds that a usurious rate is a class B misdemeanor on top of the civil forfeitures. Section 12.1-31-02 goes further and makes it a class C felony to knowingly engage in or provide financing for the business of making extensions of credit at a rate at which repayment is unenforceable through civil judicial process in this state. Knowledge is presumed there where the rate exceeds 45% per annum or runs 50% or more above the maximum enforceable rate. Read that section together with the licensing chapter, because subsection 4 makes it a defense that the defendant was licensed or otherwise authorized by any state or the United States to make extensions of credit.

4. Chapter 13-02.1 Says Voidable, and One Clock Runs Twelve Months

North Dakota repealed its Fraudulent Conveyances chapter and enacted the Uniform Voidable Transactions Act at ch. 13-02.1, so the vocabulary here is voidable rather than fraudulent and a claim for relief rather than a cause of action. That is not a cosmetic difference, because an adviser working from the old language is usually working from the old lookbacks too. Section 13-02.1-04(1)(a) reaches a transfer made or obligation incurred with actual intent to hinder, delay or defraud any creditor. Subdivision (1)(b) reaches a transfer made without receiving a reasonably equivalent value where the debtor was engaged in or about to engage in a business for which the remaining assets were unreasonably small, or where it believed or reasonably should have believed it would incur debts beyond its ability to pay as they came due.

The eleven factors at §13-02.1-04(2) are the list a creditor’s lawyer works through line by line, and subdivision (k) is the one that describes the pattern most owners get talked into: the debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor. Subdivision (b) asks whether the debtor retained possession or control after the transfer, (d) asks whether the debtor had been sued or threatened with suit beforehand, and (j) asks whether the transfer occurred shortly before or shortly after a substantial debt was incurred. Section 13-02.1-02(2) then supplies the presumption that does most of the work, providing that a debtor generally not paying its debts as they become due, other than as the result of a bona fide dispute, is presumed insolvent and must prove otherwise.

Get the limitations periods exact, because §13-02.1-09 sets three of them and they are not the same. A claim under the actual intent branch is extinguished unless brought within four years after the transfer was made or the obligation was incurred, or if later within one year after the transfer was or could reasonably have been discovered by the claimant. A claim under the constructive branch at §13-02.1-04(1)(b), or under §13-02.1-05(1) for a transfer made while insolvent without reasonably equivalent value, must be brought within four years with no discovery extension attached. A claim under §13-02.1-05(2), the insider preference where the insider had reasonable cause to believe the debtor was insolvent, dies at one year after the transfer was made, and that twelve month window is the one people miss in both directions.

Two structural provisions decide whose law applies and who counts as a separate debtor. Section 13-02.1-11 provides that a claim of this kind is governed by the local law of the jurisdiction where the debtor is located when the transfer is made, and it locates an organization with more than one place of business at its chief executive office. A choice of law clause in the funding agreement therefore does not move the transfer analysis for a North Dakota headquartered company. Section 13-02.1-12 treats a series organization and each of its protected series as separate persons for this chapter even where other law would not. The burden throughout is preponderance of the evidence under §13-02.1-04(3) and §13-02.1-08(8), which is a materially lower bar than the clear and convincing standard some states impose, and it is the reason to take advice before moving anything.

5. What a Judgment Reaches Here, and How Long It Lives

North Dakota garnishment is a post judgment remedy and the chapter says so twice, at §32-09.1-02 which permits a creditor to proceed after securing a judgment, and at §32-09.1-06 which allows a garnishee summons to issue at any time after judgment. The number that decides how much of your operating account goes cold is the retention amount defined at §32-09.1-07(1)(b), which is the sum of the unpaid judgment, $125, and an amount equal to nine months of interest on the unpaid judgment. Run that at the 2026 judgment rate of 10% set under §28-20-34 and published by the state court administrator, and a $200,000 balance produces a retention amount of $215,125, which is what the bank holds and what §32-09.1-07(2) also caps the disclosure obligation at.

Service on a bank is not casual. Section 32-09.1-08(2) requires that a garnishee summons and disclosure statement be delivered to a specifically named president or vice president of the bank or credit union, or to its registered agent for service of process. Delivery must be in hand under a sworn affidavit, or by a mail or commercial delivery service restricted to that individual with a signed receipt. The garnishee then has twenty days to serve a written disclosure under oath. Section 32-09.1-04 requires ten days of advance notice before a garnishee summons issues against earnings and makes any subsequent garnishment void if the notice was not served, but read that section carefully, because it protects wages and not a limited liability company’s checking account, which gets no warning at all.

After the freeze, the sequence is governed by three deadlines that a settlement can be built around. Section 32-09.1-20 lapses the garnishee summons and discharges the garnishee 360 days after service unless the parties agree in writing or the court orders otherwise. Section 28-21-04.2 requires a summary execution on garnished money to be made between twenty and 360 days after service of the garnishment summons, and bars execution against money claimed as exempt if the debtor files a claim of exemptions under §32-09.1-22 within twenty days, until the court decides. Section 32-09.1-07(1)(f) voids any assignment of wages or indebtedness incurred to the garnishee within ten days before receipt of notice of the first garnishment, which is what stops a bank from papering a setoff the week the summons is coming. Our page on what to do when a lien freezes the account covers the parallel Article 9 route.

The judgment itself lasts far longer here than in most states. Under §28-20-13(3) a judgment docketed after August 1, 2021 is a lien for twenty years from docketing on all real property except the homestead in every county where it is docketed, including property acquired later, and §28-21-01 allows execution at any time within twenty years after entry. Judgments docketed before that date carry a ten year lien under §28-20-13(2) with the renewal affidavit machinery at §§28-20-21 through 28-20-23, all of which is repealed effective August 1, 2031 as the old stock runs out. One number cuts your way: §28-20-34 lets the judgment carry the rate provided in the original instrument, but expressly says that rate may not exceed the maximum rate provided in §47-14-09.

6. Chapter 51-15 Never Says Consumer Where It Counts

Most state unfair practices acts are written for consumers and then quietly exclude your company in the definitions, which is why the definitions are the first thing to read. North Dakota’s Unlawful Sales or Advertising Practices chapter defines person at §51-15-01(4) as any natural person or the person’s legal representative, partnership, corporation, limited liability company, company, trust, business entity, or association, together with any agent, employee, salesman, partner, officer, director, member, stockholder, associate or trustee of one. It defines merchandise at §51-15-01(3) as any objects, wares, goods, commodities, intangibles, real estate, charitable contributions, or services. Nothing in either definition narrows the chapter to household or personal transactions, and the operative prohibition at §51-15-02 opens with the words any person rather than any consumer.

That prohibition has two halves and the second one is the underused one. The first half declares unlawful the use by any person of any deceptive act or practice, fraud, false pretense, false promise or misrepresentation, with the intent that others rely on it, in connection with the sale or advertisement of any merchandise, and it does so whether or not any person has in fact been misled, deceived or damaged. The second half separately declares unlawful any act or practice in connection with the sale or advertisement of merchandise which is unconscionable, or which causes or is likely to cause substantial injury to a person which is not reasonably avoidable by the injured person and is not outweighed by countervailing benefits to consumers or to competition. Unconscionability with no reliance element is a different pleading than fraud.

Section 51-15-09 is the standing provision and it answers the question the way business owners hope and rarely get. It says the chapter does not bar any claim for relief by any person against any person who has acquired any moneys or property by means of any practice declared unlawful in the chapter. The remedy follows in the same section. Where the court finds the defendant knowingly committed the conduct, it may order that the person commencing the action recover up to three times the actual damages proven, and it must order recovery of costs, disbursements and actual reasonable attorney’s fees incurred in the action. That mandatory fee award, once knowledge is found, usually moves a settlement number further than the treble multiplier does, because it prices the funder’s downside on a claim too small to be worth defending.

Two limits belong in the same breath. Section 51-15-02.3 makes it a deceptive practice to provide assistance or support to a violator while knowing or consciously avoiding knowledge of the violation. That same section says expressly that it authorizes no private claim for relief and that no entity other than the attorney general may enforce it, so the broker who placed your deal is reachable directly by you only for its own conduct. Section 51-15-12 bars a claim not commenced within four years, with the period not deemed to accrue until the aggrieved party discovers the facts constituting the violation. We could not locate a North Dakota appellate decision applying this chapter to a merchant cash advance, so this is an argument built on the definitions rather than a settled holding, and it should be pleaded by counsel who knows that.

7. What a Guaranty Leaves You Standing On in North Dakota

Start with the sentence that surprises people who have filed elsewhere. Section 28-22-17 provides that residents of this state are not entitled to the federal exemptions at 11 U.S.C. §522(d) and are limited to claiming those exemptions allowable by North Dakota law, so the federal homestead and its unused portion wildcard are simply unavailable to you. The North Dakota homestead at §47-18-01 is the land you reside on, the dwelling house, its appurtenances and all other improvements, with a total not to exceed $150,000 in value over and above liens or encumbrances, and there is no acreage cap, only a requirement that multiple tracts be contiguous. It is exempt from judgment lien and from execution or forced sale, and §28-20-13 carves the homestead out of the judgment lien by name.

Section 47-18-04 lists four ways a creditor gets past it. Three are specific: a mechanics, construction or laborers lien for improvement of the property, a mortgage executed and acknowledged by both spouses or by an unmarried claimant, and a debt created for the purchase of the property or taxes levied on it. All other debts reach the homestead only to the extent an appraisal under §47-18-06 shows value above liens plus $150,000. Section 47-18-13 then forbids accepting any bid at the sale unless it exceeds the homestead exemption, §47-18-14 pays the exemption amount to the claimant out of the proceeds first, and §47-18-16 extends the same protection to those proceeds for one year. Section 47-18-05 is the quiet one: a married person’s homestead cannot be conveyed or encumbered without both signatures, without regard to value.

The personal property schedule is where a guarantor’s exposure actually gets decided. Chapter 28-22 makes family pictures, a burial lot, the family religious text and library, wearing apparel up to $5,000, one year of in kind provisions and fuel, and crops raised on up to 160 acres absolutely exempt under §28-22-02. A head of a family may then select $7,500 of other personal property under §28-22-03, and an unmarried person without dependents $3,750 under §28-22-05. Any resident may add the §28-22-03.1 list on top of that. It carries $25,000 in lieu of the homestead, one motor vehicle at $10,000 over liens or $50,000 if modified for a permanent physical disability at a cost of at least $1,500, $10,000 in tools, implements or professional books of the trade, and retirement funds held at least a year capped at $200,000 per account and $400,000 in aggregate.

Three traps convert those figures into nothing. Section 28-22-06 requires any claim for exemptions to be made within ten days after service of notice of levy, §32-09.1-22 sets the garnishment version at or before twenty days after service of the garnishee summons, and §28-22-07 says that failure to claim all exempt property at the time exemptions are claimed renders the unclaimed property nonexempt. Section 28-22-13 lets a partnership or limited liability company claim only one exemption, and §28-22-15(4) allows only the absolute exemptions against process directed at a nonresident, which deletes the entire §28-22-03.1 list for an out of state guarantor with property here. On the guaranty itself, the North Dakota Supreme Court held in Big Pines, LLC v. Baker (N.D. 2021) that a drafter who wants a conditional guaranty must write a condition precedent into it. Our page on finding North Dakota counsel for an advance dispute covers who handles that fight.

Agricultural Mediation in North Dakota Is Voluntary, and That Changes What It Is Worth

Farm borrowers who have dealt with lenders in neighboring states often arrive believing that a creditor here has to sit through mediation before it can move against them, because some farmer lender mediation statutes elsewhere are written as a condition on the creditor. North Dakota did not write its statute that way. Chapter 6-09.10 establishes the credit review board and directs the agriculture commissioner to establish and administer the North Dakota mediation service under §6-09.10-03, with fees the board may set that may not exceed $25 per hour. Section 6-09.10-04 then describes the trigger, and the trigger is consent. A farmer, a creditor, a person dealing with a farmer, a person eligible for mediation with an agency of the United States Department of Agriculture, a landowner, or an owner, lessee or lessor of mineral interests may request assistance, and upon consent of all parties the administrator may assign a negotiator or mediator.

Read that sentence for what it does not say. It does not stay a creditor’s action, it does not condition a foreclosure or a garnishment on completing a session, and it gives you nothing to file if your lender simply declines. Whether it reaches a farm adjacent business is a separate question, because §6-09.10-01(2) defines a farmer as a person who is or was involved in the production of an agricultural commodity or livestock, while §6-09.10-04 independently opens the door to a person dealing with a farmer. A custom harvester, an implement dealer or a grain hauler carrying advances against seasonal receivables sits in that second category on the face of the statute, and the practical answer usually turns on whether the creditor will sit down at all.

Where the chapter earns its place is confidentiality, and that is a real advantage during a workout. Section 6-09.10-10 makes information created, collected or maintained by the mediation service in any formal or informal mediation confidential and outside the open records requirements of §44-04-18. It is releasable only on the written consent of all parties or by court order on a showing of good cause, and the same protection covers mediation communications and closes the meetings themselves. Section 6-09.10-04.1 immunizes the board, the commissioner, the administrator and the mediators from liability arising from actions or omissions in attempting to reach a settlement. A farm borrower carrying federal credit alongside private paper should ask counsel about the separate United States Department of Agriculture route that §6-09.10-04 refers to, because the two programs are not the same thing.

Attachment Before Judgment, and the Order to Work These In

Garnishment waits for a judgment in North Dakota, but attachment does not, and the distinction is worth knowing before you assume nothing can happen until a case is decided. Chapter 32-08.1 lets any creditor attach a debtor’s property before final judgment once a summons and complaint are filed. That ordinarily follows a hearing at which the plaintiff produces the affidavit described in §32-08.1-03 and posts a bond of at least $500 under §32-08.1-05. Section 32-08.1-02.1 permits a writ before that hearing where the plaintiff shows probability of success on the merits, one of the four fraud or concealment grounds, and extraordinary circumstances. The grounds at §32-08.1-03(1) also include a defendant who is not a resident of this state and a defendant that is a foreign corporation or limited liability company, which describes a great many companies operating in North Dakota under Delaware or Wyoming charters.

Order matters when you work these seven together, because only some of them change what the paper is worth and the rest only change what collection costs. Licensing under ch. 13-04.1 comes first, since it is the one question whose answer can reach the price of the obligation itself rather than the speed of enforcement. The rate analysis under ch. 47-14 comes second and resolves quickly, because the entity you signed as usually answers it in one line. The enforcement clocks under ch. 32-09.1 and ch. 28-21 come third and set your calendar. The exemption schedule under ch. 28-22 comes last, because it decides what a personal judgment actually collects rather than whether one gets entered.

One firm on this list works the whole lifecycle of a business debt file, from the first demand letter through a negotiated payoff and the termination of the financing statements, with attorneys in the Delancey Street network handling the filings and the litigation where a file needs them. Delancey Street is a settlement company rather than a law firm, and the two other companies on this page cover broader consumer and business debt categories. Choose based on what your file actually needs. Settlement outcomes vary with the documents, the number of positions and the funder, and nobody honest quotes you a percentage before reading the paper, which is why our page on business debt settlement companies serving North Dakota starts with what to ask rather than what to expect.

Who Should You Call? Our Top-Rated Business Debt Firms

One firm on this list works the entire lifecycle of a business debt file, from stopping the daily debits through attorney-led negotiation, UCC lien removal, and a signed release. The other two cover broader debt categories that often sit alongside the advances. Choose accordingly.