Common use of COGNOVIT Clause in Contracts

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.

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.

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 LenderXxxxxx, 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 LenderXxxxxx, 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 Xxxxxx 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.