COGNOVIT Sample Clauses

COGNOVIT. Each Loan Party irrevocably authorizes and empowers any attorney-at-law (including, without limitation, any attorney who has represented or does represent the Lender) to appear for such Loan Party, in the name and on behalf of such Loan Party, before any court in the State of Ohio or elsewhere in the United States or its territories, to render a cognovit judgment against such Loan Party and/or any endorser, guarantor or surety, at any time after this obligation becomes due, and waive process and service thereof, and without notice, confess judgment against such Loan Party in favor of the Lender, for the amount that may appear to be due hereon for principal, interest, damages and costs of suit, release all errors in judgments so confessed, and waive all right and benefit of appeal and stays of execution. In the event the attorney-at-law who confesses judgment hereon has represented or does represent the Lender, each Loan Party specifically waives any conflict of interest on the part of such confessing attorney and specifically consents to the payment by the Lender of the legal fee of the confessing attorney for confessing judgment hereon. Each Loan Party expressly acknowledges that the within warrant of attorney shall be deemed a continuing warrant of attorney and shall not be extinguished or terminated by reason of its having been utilized once or more than once against one or more of Loan Parties, and that the within warrant of attorney shall survive the entry of any judgment hereon and shall remain in effect as long as any amounts due thereon remain unpaid. This provision and the rights herein granted shall not be affected by the dissolution or liquidation of any Loan Party.
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COGNOVIT. Each Loan Party irrevocably authorizes and empowers any attorney-at-law (including, without limitation, any attorney who has represented or does represent Lender) to appear for such Loan Party, in the name and on behalf of such Loan Party, before any court in the State of Ohio or elsewhere in the United States or its territories, to render a cognovit judgment against such Loan Party and/or any endorser, guarantor or surety, at any time after this obligation becomes due, and waive process and service thereof, and without notice, confess judgment against such Loan Party in favor of Lender, for the amount that may appear to be due hereon for principal, interest, damages and costs of suit, release all errors in judgments so confessed, and waive all right and benefit of appeal and stays of execution. In the event the attorney-at-law who confesses judgment hereon has represented or does represent Lender, each Loan Party specifically waives any conflict of interest on the part of such confessing attorney and specifically consents to the payment by Lender of the legal fee of the confessing attorney for confessing judgment hereon. Each Loan Party expressly acknowledges that the within warrant of attorney shall be deemed a continuing warrant of attorney and shall not be extinguished or terminated by reason of its having been utilized once or more than once against one or more of Loan Parties, and that the within warrant of attorney shall survive the entry of any judgment hereon and shall remain in effect as long as any amounts due thereon remain unpaid. This provision and the rights herein granted shall not be affected by the dissolution or liquidation of any Loan Party. LOAN PARTIES: WARNING -- BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. THE RELATIVE VALUE FUND By: /s/ Cxxx Xxxxxxxxx Name: Cxxx Xxxxxxxxx Title: Treasurer LENDER: TRISTATE CAPITAL BANK By: /s/ Jxxxxx Xxxxx Name: Jxxxxx X. Xxxxx Title: Senior Vice President [SIGNATURE PAGE TO FIRST AMENDMENT TO CREDIT AGREEMENT] SECOND AMENDMENT TO CREDIT AGREEMENT This Second Amendment to Credit Agreement (this “Amendment”) is dated as of this 5th day of November, 2021 ...
Sample 1

Related to COGNOVIT

  • General Agreement In the event Indemnitee was, is, or becomes a Participant in, or is threatened to be made a Participant in, a Proceeding, the Company shall indemnify the Indemnitee from and against any and all Expenses which Indemnitee incurs or becomes obligated to incur in connection with such Proceeding, to the fullest extent permitted by applicable law.

  • Agreement to Be Bound Guarantee Each of the Guaranteeing Subsidiaries hereby becomes a party to the Indenture as a Subsidiary Guarantor and as such will have all of the rights and be subject to all of the Obligations and agreements of a Subsidiary Guarantor under the Indenture. Each of the Guaranteeing Subsidiaries hereby agrees to be bound by all of the provisions of the Indenture applicable to a Subsidiary Guarantor and to perform all of the Obligations and agreements of a Subsidiary Guarantor under the Indenture. In furtherance of the foregoing, each of the Guaranteeing Subsidiaries shall be deemed a Subsidiary Guarantor for purposes of Article 10 of the Indenture, including, without limitation, Section 10.02 thereof.

  • Agreement to Purchase and Sell On the terms and subject to the conditions set forth in this Agreement, each Originator, severally and for itself, agrees to sell to the Buyer, and the Buyer agrees to purchase from such Originator, from time to time on or after the Closing Date, but before the Purchase and Sale Termination Date (as defined in Section 1.4), all of such Originator’s right, title and interest in and to:

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