CONFESSION OF JUDGEMENT. THE LOAN PARTIES HEREBY AUTHORIZE ANY ATTORNEY-AT-LAW TO APPEAR IN ANY COURT OF RECORD IN ANY COUNTY IN THE STATE OF OHIO OR ELSEWHERE WHERE A LOAN PARTY HAS A PLACE OF BUSINESS, SIGNED THIS AGREEMENT OR CAN BE FOUND, AFTER THE LENDER DECLARES A DEFAULT AND ACCELERATES THE BALANCES DUE UNDER THIS AGREEMENT, TO WAIVE THE ISSUANCE OF SERVICE OF PROCESS AND CONFESS JUDGMENT AGAINST THE LOAN PARTIES IN FAVOR OF THE LENDER FOR THE AMOUNTS THEN APPEARING DUE, TOGETHER WITH THE COSTS OF SUIT, AND THEREUPON TO RELEASE ALL ERRORS AND WAIVE ALL RIGHT OF APPEAL AND STAY OF EXECUTION. THE LOAN PARTIES AGREE AND CONSENT THAT THE ATTORNEY CONFESSING JUDGMENT ON BEHALF OF THE LOAN PARTIES HEREUNDER MAY ALSO BE COUNSEL TO THE LENDER OR ANY OF ITS RESPECTIVE AFFILIATES, WAIVES ANY CONFLICT OF INTEREST WHICH MIGHT OTHERWISE ARISE, AND CONSENTS TO THE LENDER PAYING SUCH CONFESSING ATTORNEY A LEGAL FEE OR ALLOWING SUCH ATTORNEY’S FEES TO BE PAID FROM ANY PROCEEDS OF COLLECTION OF THIS AGREEMENT OR COLLATERAL SECURITY THEREFOR.
CONFESSION OF JUDGEMENT. If rent and/or charges hereby reserved as rent shall remain unpaid on any day when the same should be paid Lessee hereby empowers any Prothonotary or attorney of any Court of Record to appear for Lessee in any and all actions which may be brought for rent and/or the charges, payments, costs and expenses reserved as rent, or agreed to be paid by the Lessee and/or to sign for Lessee an agreement for entering in any competent Court an amicable action or actions for the recovery of rent or other charges or expenses, and in said suits or in said amicable action or actions to confess judgment against Lessee for all or any part of the rent specified in this lease and then unpaid including, at Lessor's option, the rent for the entire unexpired balance of the term of this lease, and/or other charges, payments, costs and expenses reserved as rent or agreed to be paid by the Lessee, and for interest and costs together with an attorney's commission of 15%. Such authority shall not be exhausted by one exercise thereof, but judgment may be confessed as aforesaid from time to time as often as any of said rent and/or other charges reserved as rent shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the original term and/or during any extension or renewal of this lease.
CONFESSION OF JUDGEMENT. Guarantor hereby irrevocably authorizes and empowers any attorney-at-law, including an attorney hired by Xxxxxx, to appear in any court of record and to confess judgement against Guarantor for the unpaid amount of this Guaranty as evidenced by an affadavit signed by an officer of Lender setting forth the amount then due, attorney's fees plus costs of suit, and to release all errors, and waive all rights of appeal. If a copy of this Guaranty, verified by an affadavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Guarantor waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgement will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender may elect until all amounts owing on this Guaranty have been paid in full. Guarantor waives any conflict of interest that an attorney hired by Xxxxxx may have in acting on behalf of Guarantor in confessing judgement against Guarantor while such attorney is retained by Xxxxxx. Guarantor expressly consents to such attorney acting for Guarantor in confessing judgement.
CONFESSION OF JUDGEMENT. Upon a default in payment of this lease, whether by acceleration or otherwise, Xxxxxx hereby irrevocably authorizes and empowers Our Attorney, to appear in CULPEPER COUNTY Clerk's Office, and to confess judgment against Borrower for the unpaid amount of this lease, as evidenced by an affidavit signed by an Officer of Lessor, setting forth the amount then due, attorneys' fees plus costs of suit, and to release all errors, and waive all right of appeal. If a copy of this lease, verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time, as Lessor may elect, until all amounts owing on this lease have been paid in full.
CONFESSION OF JUDGEMENT. Upon the expiration of the then current term of this Agreement, whether the initial term or a renewal term or the earlier of termination or surrender hereof, or earlier, upon a default by Sublessee, as provided in this Agreement, Sublessee hereby authorizes and empowers any prothonotary or attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere to appear for Sublessee in any such court and, by complaint or in ejectment against Sublessee and against all persons claiming through, by or under Sublessee, to therein confess judgment for the recovery by Sublessor of possession of the Premises, for which a copy of this Agreement, verified by affidavit, shall be sufficient warrant; whereupon, if Sublessor so desires, a writ of possession or other appropriate writ under the rules of civil procedure then in effect may issue forthwith, without any prior writ or proceedings. Whether this Agreement is terminated or not and possession of the Premises remains in, or is restored to Sublessee, Sublessor shall have the right for the same default and upon any subsequent default or defaults, or upon the termination of this Agreement, to bring one or more actions to recover possession of the Premises and confess judgment for recovery of the Premises as provided in this section. Sublessee hereby acknowledges that it has had the opportunity to seek the assistance of legal counsel in the review and execution of this Agreement and further acknowledges that the meaning and effect of the foregoing provisions concerning confession of judgment have been fully explained to it by such counsel. Sublessee understands and agrees that this Agreement contains provisions by which Sublessor may enter judgment by confession against Sublessee. Sublessee understands that, without these provisions, Sublessee would receive prior notice and a hearing of any claims by Sublessor before a judgment could be entered. However, Sublessee hereby freely, knowingly and intelligently waives these rights and consents to Sublessor entering judgment against it by confession pursuant to the terms of the Sublease, and acknowledges that upon the entry of such judgment Sublessor may direct the Sheriff to put the Sublessee out of possession of the Premises. Sublessee freely, knowingly and intelligently waives the right to notice and hearing before Sublessor may retake possession of the Premises pursuant to a confessed judgment and Sublessor may direct the Sheriff to do so, immediately upon ent...
CONFESSION OF JUDGEMENT. Lessee hereby irrevocably constitutes any attorney or any court of record of this state to enter Xxxxxx’s appearance in such court, waive process and service thereof, and confess judgment from time to time, for any amounts which may be due to Lessor, by the terms of this lease, with costs and reasonable attorney’s fees, and to waive all errors and right of appeals from said judgment and to file a consent in writing that a proper writ of execution may be used immediately.
CONFESSION OF JUDGEMENT. Any attorney at law may appear in any ----------------------- court of record in the State of California or in the United States, after demand on this Note following a Default, and waive the issuing of service of process and confess a judgment against TVN and/or Newco in favor of Holder for the amount then appearing due hereunder, together with interest, costs of suit and reasonable attorneys' fees, and thereupon release all errors and waive all right of appeal.
CONFESSION OF JUDGEMENT. (a) Borrower, to the extent permitted by law, and without the further consent of or notice to Borrower, hereby irrevocably and unconditionally authorizes the Prothonontary, Clerk of Court, or any attorney of any court of record in the Commonwealth of Pennsylvania, or any other jurisdiction, as attorney for Borrower to appear for Borrower in such court and confess judgment against Borrower and in favor of Lender, at any time on or after an Event of Default exists or has occurred and is continuing, for all or any portion of the Obligations (including, but not limited to, principal, interest, fees, costs and expenses and including attorneys' fees and legal expenses not to exceed ten (10%) percent of the outstanding and unpaid Obligations), for which this Agreement or a verified copy hereof shall be sufficient warrant. The authority to enter judgment shall not be exhausted by one exercise hereof, but, to the extent permitted by law, shall continue from time to time until final payment and satisfaction in full of all of the Obligations. The foregoing right and remedy is in addition to and not in lieu of any other right or remedy available to Lender under this Agreement, the other Financing Agreements, applicable law or otherwise.
(b) Borrower, being fully aware of its right to notice and a hearing concerning the validity of any and all claims that may be asserted against Borrower by Lender before a judgment can be entered hereunder or before execution may be levied on such judgment against any and all property of Borrower, hereby waives each of these rights and agrees and consents to judgment being entered by confession in accordance with the terms hereof and execution being levied on such judgment against any and all property of Borrower, in each case without first giving notice and the opportunity to be heard on the validity of the claim or claims upon which such judgment is entered.
CONFESSION OF JUDGEMENT. Within ten (10) days (or such longer period as may be agreed to by the Purchaser acting in its sole discretion) following the Closing Date, the Borrower agrees to deliver or to cause to be delivered to the Purchaser a wet-ink duly executed and notarized copy of the confession of judgement attached to the Guaranty Agreement, in form and substance acceptable to Purchaser.
CONFESSION OF JUDGEMENT. 13 32 ENFORCEABILITY ................................................... 13 33 COMMISSIONS ...................................................... 13 34
