Common use of Confession of Judgment Clause in Contracts

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity), Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00), Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunder.

Appears in 4 contracts

Samples: Paycheck Protection Program Promissory Note and Agreement (Kona Gold Beverage, Inc.), Paycheck Protection Program Promissory Note and Agreement (Kona Gold Beverage, Inc.), Paycheck Protection Program Promissory Note (HealthLynked Corp)

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Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due1. Developer agrees that in the event of any default under the terms of this Agreement, Together With All Indebtedness Provided For Therein Township may cause judgment to be entered against Developer, and for that purpose DEVELOPER AUTHORIZES AND EMPOWERS THE TOWNSHIP OR ANY PROTHONOTARY, CLERK OF COURT OR ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR AND CONFESS ONE OR MORE JUDGMENTS AGAINST DEVELOPER AND AGREES THAT TOWNSHIP MAY COMMENCE AN ACTION PURSUANT TO THE PENNSYLVANIA RULES OF CIVIL PROCEDURE FOR THE RECOVERY FROM DEVELOPER OF ALL DAMAGES, COSTS, AND EXPENSES PROVIDED FOR HEREIN, AS WELL AS FOR INTEREST AND COSTS AND ATTORNEYS' FEES, FOR WHICH AUTHORIZATION TO CONFESS JUDGMENT THIS AGREEMENT, OR A TRUE AND CORRECT COPY THEREOF, SHALL BE SUFFICIENT WARRANT. SUCH JUDGMENT MAY BE CONFESSED AGAINST DEVELOPER FOR THE AMOUNT OF DAMAGES, COSTS, AND EXPENSES PROVIDED HEREIN, AS WELL AS FOR INTEREST, COSTS, AND AN ATTORNEYS' COMMISSION IN THE AMOUNT OF FIFTEEN (With Or Without Acceleration Of Maturity), Plus Attorneys’ Fees Of Ten Percent (1015%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00)PERCENT OF THE FULL AMOUNT OF THE TOWNSHIP'S CLAIM AGAINST DEVELOPER. Notwithstanding the foregoing attorneys' commission, Whichever Is The Larger Amount For The Collectionwhich is included for the purpose of establishing a sum certain in the event of confession of judgment, Which Borrower And Lender Agree Is Reasonablethe attorneys' fees recoverable by the Township shall not exceed the actual fees incurred by the Township. Neither the right to institute an action pursuant to said Pennsylvania Rules of Civil Procedure nor the authority to confess judgment granted herein shall be exhausted by one or more exercises thereof, Plus Costs Of Suitbut successive complaints may be filed and successive judgments may be entered for the aforesaid damages as they are incurred under the provisions of this Agreement. 2. In any proceeding or action to enter judgment by confession for money pursuant to the above paragraph, And To Release All Errorsif the Township shall first cause to be filed in such action an affidavit or averment of the facts constituting the default, And Waive All Rights Of Appealthe occurrence of the condition precedent or the event, the happening of which default, occurrence or event authorizes and empowers the Township to cause the entry of judgment by confession, such affidavit or averment shall be conclusive evidence of such facts, defaults, occurrences, conditions precedent or events, and if a true copy of this Agreement be filed in such procedure or action, it shall not be necessary to file the original as a warrant of attorney, any rule of court, custom or practice to the contrary notwithstanding. 3. The Undersigned Expressly Releases All ErrorsDeveloper hereby releases the Township and any and all attorneys who may appear for the Township from all errors in any procedure or action to enter judgment by confession by virtue of the warrant of attorney contained in this Agreement, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enactedand all liability therefor. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In FullDeveloper further authorizes the prothonotary or any clerk of any court of record to issue a writ of execution or other process and further agrees that real estate may be sold on a writ of execution or other process. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunder.[Signatures on Following Pages]

Appears in 4 contracts

Samples: Development Agreement for Subdivision & Land Developments, Development Agreement for Subdivision & Land Developments, Development Agreement for Subdivision & Land Developments

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity), Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00), Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunder.. 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

Appears in 4 contracts

Samples: Paycheck Protection Program Promissory Note and Agreement (Kona Gold Beverage, Inc.), Paycheck Protection Program Promissory Note and Agreement (Kona Gold Beverage, Inc.), Paycheck Protection Program Promissory Note (HealthLynked Corp)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity1) Tenant hereby empowers any prothonotary or attorney of any court of record to appear for Tenant in any and all actions which may be brought for Rent (including accelerated Rent determined in accordance with Section 17.2(b) hereof), Plus Attorneys’ Fees Of Ten Percent Additional Rent, and/or to sign for Tenant an agreement for entering in any competent court an amicable action or actions for the recovery of such Rent (including accelerated Rent determined in accordance with Section 17.2(b) hereof), and in said suits or in said amicable action or actions to confess judgement against Tenant for all or any part of Rent then due and unpaid, and for interest at the Interest Rate authorized by this Lease and costs of enforcement, together with a reasonable attorney’s commission in the amount of five percent (5%) of the amount due. Such authority shall not be exhausted by one exercise thereof, but judgement may be confessed as aforesaid from time to the time as often as any of said rent shall fall due or be in arrears. (2) Upon the expiration of the Term of this Lease or surrender hereof as provided in this Lease, it shall be lawful for any attorney to appear as attorney for Tenant as well as for all persons claiming by, through or under Tenant and to sign an agreement for entering in any competent court an amicable action in ejectment against Tenant and all persons claiming by, through or under Xxxxxx and therein confess judgment for the recovery by Landlord of possession of the Premises, for which this Lease shall be its sufficient warrant, whereupon, if Landlord 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; provided, however, if for any reason after such action shall have been commenced, the same shall be determined and the possession of the Premises remain in or be restored to Tenant, Landlord shall have the right for the same default and upon any subsequent default or defaults, or upon the termination of this Lease under any of the Terms of this Lease to bring one or more further amicable action or actions as hereinbefore set forth to recover possession of the Premises and confess judgment for the recovery of possession of the Premises as hereinabove provided. (3) In any amicable action of ejectment and/or for Rent, Landlord shall first cause to be filed in such action an affidavit made by it or someone acting for it, setting forth the facts necessary to authorize the entry of judgment, of which facts such affidavit shall be conclusive. If a true copy of this Lease (and the truth of the copy asserted in such affidavit shall be sufficient evidence) be filed in such action, it shall not be necessary to file the original as a warrant of attorney, any rule of Court, custom or practice to the contrary notwithstanding. Tenant hereby releases to Landlord and to any and all attorneys who may appear for Tenant all procedural errors in said proceedings and all liability therefor. If proceedings shall be commenced by Xxxxxxxx to recover possession under the Acts of Assembly and Rules of Civil Procedure, either at the end of the Term or earlier termination of this Lease, or for nonpayment of Rent or any other reason, Tenant waives the right to any notice to remove which may be required by the Landlord and Tenant Act of 1951, as amended (or any similar or successor law), and agrees that ten (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00), Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunderdays notice shall be sufficient where a longer period may be statutorily specified.

Appears in 2 contracts

Samples: Lease Agreement (OpSec Holdings), Lease Agreement (OpSec Holdings)

Confession of Judgment. In The Undersigned Event Of Any Default Under This Instrument, Including, But Not Limited To Any Payment Under This Instrument Not Being Paid When Due, Whether At Maturity, By Acceleration Or Otherwise, Borrower Hereby Irrevocably Authorizes Appoints And Empowers Any Constitutes Xxxx Xxxxxxxxxxx Whose Address Is 000 X 0Xx Xxxxxx, Xxxxx 0000, Xxxxxxxx, XX 00000, Borrower’s Duly Constituted Attorney-AtIn-Law Fact To Appear In The Clerk’s Office Of The Circuit Court For City Of Richmond, Virginia Or In Any Other Court Of Record Competent Jurisdiction, And To Confess Judgment Pursuant To The Provisions Of Section 8.01- 432 Of The Code Of Virginia Of 1950, As Amended, Against The Undersigned Borrower For The Unpaid Amount Of All Principal And Interest And Any Other Amounts Due And Payable Under This Note Instrument As Evidenced By An Affidavit Signed By An Officer Of The Lender Setting Forth The Amount Then Due, Together With All Indebtedness Attorney’s Fees And Collection Fees As Provided For Therein In This Instrument (To The Extent Permitted By Law). This Power Of Attorney Is Coupled With An Interest And May Not Be Terminated By Borrower And Shall Not Be Revoked Or Without Acceleration Of Maturity)Terminated By Borrower And Shall Not Be Revoked Or Terminated By Borrower’s Death, Plus Attorneys’ Fees Of Ten Percent (10%) Disability Or Dissolution. If A Copy Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00)Instrument, Whichever Is Verified By Affidavit, Shall Have Been Filed In The Larger Amount For Above Clerk’s Office, It Will Not Be Necessary To File The Collection, Which Original As A Warrant Of Attorney. Borrower Releases All Errors And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive Waives All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And Benefit Of All Exemption Laws Now Or Hereafter In Force Effect. Borrower Shall, Upon Xxxxxx’s Request, Name Such Additional Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunder.Alternative Person(S)

Appears in 2 contracts

Samples: Paycheck Protection Program Promissory Note and Agreement (Tropical Racing Inc), Paycheck Protection Program Promissory Note and Agreement (HealthLynked Corp)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then DueUpon the occurrence of any Event of Default, Together With All Indebtedness Provided For Therein Borrower authorizes and empowers any attorney admitted to practice before any court of record in the United States to appear on behalf of Borrower and confess judgment on behalf of the Borrower against Borrower in the full amount due under this Agreement plus attorneys' fees of fifteen percent (With Or Without Acceleration Of Maturity), Plus Attorneys’ Fees Of Ten Percent (1015%) Of The Total Indebtedness Or Five Thousand Dollars of such amount. ($5,000.00)Notwithstanding the amount of any such judgment, Whichever Is The Larger Amount For The CollectionLender agrees by accepting this Note to use reasonable efforts to obtain legal counsel who will charge Lender for services on an hourly basis, Which at his or her customary hourly rate(s) and only for time expended and actual expenses incurred, and lender agrees not to enforce a judgment for legal fees against Borrower And in an amount in excess of the fees and expenses actually charged to Lender Agree Is Reasonablefor services rendered by, Plus Costs Of Suitand for actual expenses incurred by its counsel in connection with such confession of judgment and the collection of all amounts owed by Borrower to Lender.) In any action brought by Lender under this Agreement, And To Release All ErrorsBorrower consents to the exercise of personal jurisdiction over it by the courts of the State of New York and agrees that venue shall be proper in any County of the State of New York or in the Town of Scarsdale, And Waive All Rights Of Appealin addition to any other court where venue may be proper. Borrower waives and releases, to the extent permitted by law, all errors and all rights of exemption, appeal, stay of execution, inquisition and extension upon any levy on real estate or personal property to which Borrower may otherwise be entitled under the laws of the United States of America now in force or which may hereafter be passed, as well as the benefit of any or every statute, ordinance, or rule of court which may be lawfully waived conferring upon Borrower any right or privilege of exemption, stay of exercise, or supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment. The Undersigned Expressly Releases All Errorsauthority and power to appear for and enter judgment against Borrower shall be exercisable concurrently in one or more jurisdictions and shall not be exhausted or extinguished by one or more exercises thereof, Waives All Stay Of Executionor by any imperfect exercise thereof or by any judgment entered pursuant thereto. Such authority and power may be exercised on one or more occasions, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single Exercise Of The Foregoing Warrant And Power To Confess Judgment Will Be Deemed To Exhaust The Powerfrom time to time, Whether Or Not Any Such Exercise Shall Be Held By Any Court To Be Invalidin the same or different jurisdictions, Voidable Or Void; But The Power Will Continue Undiminished And May Be Exercised From Time To Time As as often as Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereundershall deem necessary or desirable, for all of which this Agreement shall be sufficient warrant.

Appears in 2 contracts

Samples: Revolving Credit Loan Agreement, Revolving Credit Loan Agreement (SPYR, Inc.)

Confession of Judgment. In The Undersigned Event Of Any Default Under This Instrument, Including, But Not Limited To Any Payment Under This Instrument Not Being Paid When Due, Whether At Maturity, By Acceleration Or Otherwise, Borrower Hereby Irrevocably Authorizes Appoints And Empowers Any Constitutes Xxxx Xxxxxxxxxxx Whose Address Is 000 X 0Xx Xxxxxx, Xxxxx 0000, Xxxxxxxx, XX 00000, Borrower’s Duly Constituted Attorney-AtIn-Law Fact To Appear In The Clerk’s Office Of The Circuit Court For City Of Richmond, Virginia Or In Any Other Court Of Record Competent Jurisdiction, And To Confess Judgment Pursuant To The Provisions Of Section 8.01-432 Of The Code Of Virginia Of 1950, As Amended, Against The Undersigned Borrower For The Unpaid Amount Of All Principal And Interest And Any Other Amounts Due And Payable Under This Note Instrument As Evidenced By An Affidavit Signed By An Officer Of The Lender Setting Forth The Amount Then Due, Together With All Indebtedness Attorney’s Fees And Collection Fees As Provided For Therein In This Instrument (To The Extent Permitted By Law). This Power Of Attorney Is Coupled With An Interest And May Not Be Terminated By Borrower And Shall Not Be Revoked Or Without Acceleration Of Maturity)Terminated By Borrower And Shall Not Be Revoked Or Terminated By Borrower’s Death, Plus Attorneys’ Fees Of Ten Percent (10%) Disability Or Dissolution. If A Copy Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00)Instrument, Whichever Is Verified By Affidavit, Shall Have Been Filed In The Larger Amount For Above Clerk’s Office, It Will Not Be Necessary To File The Collection, Which Original As A Warrant Of Attorney. Borrower Releases All Errors And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive Waives All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And Benefit Of All Exemption Laws Now Or Hereafter In Force Effect. Borrower Shall, Upon Lender’s Request, Name Such Additional Or Which May Hereafter Be EnactedAlternative Person(S) Designated By Lender As Borrower’s Duly Constituted Attorney(S)-In-Fact To Confess Judgment Against The Borrower. No Single Exercise Of The Foregoing Warrant And Power To Confess Judgment Will Shall Be Deemed To Exhaust The Power, Whether Power And No Judgment Against Fewer Then All The Persons Constituting The Borrower Shall Bar Subsequent Action 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 Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Judgment Against Any Attorney Acting Under The Terms One Or More Of Authority Which The Undersigned Such Persons Against Whom Judgment Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment HereunderNot Been Obtained In This Instrument. Each Borrower who is married represents that this obligation is incurred in the interest of his or her marriage or family. Oral or unexecuted agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable, regardless of the legal theory upon which it is based that is in any way related to the credit agreement. To protect you, the Borrower(s), and us, the Lender, from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it.

Appears in 2 contracts

Samples: Paycheck Protection Program Promissory Note and Agreement (Kona Gold Beverage, Inc.), Paycheck Protection Program Promissory Note and Agreement (Kona Gold Beverage, Inc.)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then DueTHE FOLLOWING PARAGRAPHS SET FORTH WARRANTS OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENTS AGAINST TENANT. IN GRANTING THESE WARRANTS OF ATTORNEY TO CONFESS JUDGMENTS AGAINST TENANT, Together With All Indebtedness Provided For Therein TENANT HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND, ON THE ADVICE OF THE SEPARATE COUNSEL OF TENANT, UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS TENANT HAS OR MAY HAVE WITH RESPECT TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. 21.05.1 Upon the occurrence of an Event of Default, Tenant hereby empowers any Prothonotary or attorney of any court of record to appear for Tenant in any and all actions which may be brought for rent and/or any other sums due hereunder by Tenant, and to confess judgment against Tenant for all or any part of the rent and/or such other sums, including, at Landlord's option, the rent and/or such other sums for the entire unexpired balance of the term of this Lease, and for interest and costs, together with an attorneys' commission of five percent (With Or Without Acceleration Of Maturity5%), Plus Attorneys’ Fees Of Ten Percent but without deduction therefrom for the fair rental value of the Premises. Such authority shall not be exhausted by one exercise thereof, but judgment may be confessed as aforesaid from time to time and as often as there is an occurrence of an Event of Default, and such powers may be exercised during the original term, any extension or renewal term, and after the expiration of any such term. 21.05.2 Upon (10%a) Of The Total Indebtedness Or Five Thousand Dollars the occurrence of an Event of Default, or ($5,000.00)b) the termination of this Lease during the original term hereof or any renewal or extension thereof on account of any default by Tenant hereunder, Whichever Is The Larger Amount For The Collectionor (c) upon the expiration of the original term of this Lease or any renewal or extension thereof, Which Borrower And Lender Agree Is Reasonableit shall be lawful for any Prothonotary or attorney of any court of record to appear for Tenant as well as for all persons claiming by, Plus Costs Of Suitthrough or under Tenant, And To Release All Errorsto confess judgment in ejectment, And Waive All Rights Of Appealwithout any stay of execution or appeal, against Tenant and all persons claiming by, through or under Tenant for the recovery by Landlord of possession of the Premises, without any liability on the part of the such attorney, for which this Lease or a true and correct copy thereof shall be a sufficient warrant; whereupon, if Landlord so desires, a writ of possession may issue forthwith, without any prior writ or proceedings whatsoever. The Undersigned Expressly Releases All ErrorsIf for any reason after such action has been commenced, Waives All Stay Of Executionthe same shall be determined and the possession of the Premises remain in or be restored to Tenant, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be EnactedLandlord shall have the right upon any subsequent Event(s) of Default, or upon the termination or expiration of this Lease or of Tenant's right of possession as herein set forth, to confess judgment from time to time in the manner and form herein set forth to recover possession of the Premises. No Single Exercise Of such determination of this Lease, no taking, nor recovering possession of the Premises shall deprive Landlord of any remedies or action against Tenant for rent or for damages due or to become due for Tenant's breach of this Lease, nor shall the bringing of any such action for rent, or breach of covenant or condition nor the resort to any other remedy herein provided for the recovery of rent or damages for such breach be construed as a waiver of the right to insist upon the forfeiture and to obtain possession in the manner herein provided. 21.05.3 In any action of ejectment or for rent in arrears, Landlord shall first cause to be filed in such action an affidavit made by it or someone acting for it setting forth the facts necessary to authorize the entry of judgment, of which facts such affidavit shall be conclusive evidence, and, if a true copy of this Lease be filed in such action, it shall not be necessary to file the original as a warrant of attorney, any rule of court, custom or practice to the contrary notwithstanding. 21.05.4 The Foregoing Warrant And Power To Confess Judgment Will Be Deemed To Exhaust The Powerright to enter judgment against Tenant by confession and to enforce all of the other provisions of this Lease herein provided for may, Whether Or Not Any Such Exercise Shall Be Held By Any Court To Be Invalidat the option of any assignee of this Lease, 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 Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunderbe exercised by any assignee of Landlord's right, title and interest in this Lease in said assignee's name, any statute, rule of court, custom or practice to the contrary notwithstanding.

Appears in 2 contracts

Samples: Lease Agreement (Avax Technologies Inc), Lease Agreement (Avax Technologies Inc)

Confession of Judgment. In The Undersigned Event Of Any Default Under This Instrument, Including, But Not Limited To Any Payment Under This Instrument Not Being Paid When Due, Whether At Maturity, By Acceleration Or Otherwise, Borrower Hereby Irrevocably Authorizes Appoints And Empowers Any Constitutes Xxxx Xxxxxxxxxxx Whose Address Is 000 X 0Xx Xxxxxx, Xxxxx 0000, Xxxxxxxx, XX 00000, Borrower’s Duly Constituted Attorney-AtIn-Law Fact To Appear In The Clerk’s Office Of The Circuit Court For City Of Richmond, Virginia Or In Any Other Court Of Record Competent Jurisdiction, And To Confess Judgment Pursuant To The Provisions Of Section 8.01- 432 Of The Code Of Virginia Of 1950, As Amended, Against The Undersigned Borrower For The Unpaid Amount Of All Principal And Interest And Any Other Amounts Due And Payable Under This Note Instrument As Evidenced By An Affidavit Signed By An Officer Of The Lender Setting Forth The Amount Then Due, Together With All Indebtedness Attorney’s Fees And Collection Fees As Provided For Therein In This Instrument (To The Extent Permitted By Law). This Power Of Attorney Is Coupled With An Interest And May Not Be Terminated By Borrower And Shall Not Be Revoked Or Without Acceleration Of Maturity)Terminated By Borrower And Shall Not Be Revoked Or Terminated By Borrower’s Death, Plus Attorneys’ Fees Of Ten Percent (10%) Disability Or Dissolution. If A Copy Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00)Instrument, Whichever Is Verified By Affidavit, Shall Have Been Filed In The Larger Amount For Above Clerk’s Office, It Will Not Be Necessary To File The Collection, Which Original As A Warrant Of Attorney. Borrower Releases All Errors And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive Waives All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And Benefit Of All Exemption Laws Now Or Hereafter In Force Effect. Borrower Shall, Upon Lender’s Request, Name Such Additional Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunder.Alternative Person(S)

Appears in 2 contracts

Samples: Paycheck Protection Program Promissory Note (HealthLynked Corp), Paycheck Protection Program Promissory Note and Agreement (HealthLynked Corp)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then DueGuarantor authorizes any --------- ---------------------- attorney at law, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity)including an attorney engaged by Lender, Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00)to appear in Xxxxxxxx County or Xxxxxxxxxx County, Whichever Is The Larger Amount For The CollectionOhio, Which Borrower And Lender Agree Is Reasonableor in any other court of record in the State of Ohio or any other State or Territory of the United State, Plus Costs Of Suitafter the indebtedness evidenced hereby, And To Release All Errorsor any part thereof, And Waive All Rights Of Appealbecomes due and waive the issuance and service of process and confess judgment against the Guarantor in favor of Lender, for the amount then appearing due, together with costs of suit, and thereupon, to release all errors and waive all rights of appeal and stay of execution. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be EnactedGuarantor hereby expressly waives any conflict of interest that Lender's attorney may have in confessing such judgment against the Guarantor and expressly consents to the confessing attorney receiving a legal fee from Lender or confessing such judgment against the Guarantor. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Fullwarrant of attorney to confess judgment is a joint and several warrant of attorney. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunderforegoing warrant of attorney shall survive any judgment; and if any judgment be vacated for any reason, the holder hereof nevertheless may thereafter use the foregoing warrant of attorney to obtain an additional judgment or judgments against the Guarantor. 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 ITS PART TO COMPLY WITH THE AGREEMENT OR ANY OTHER CAUSE.

Appears in 2 contracts

Samples: Guaranty (Techdyne Inc), Guaranty (Techdyne Inc)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity), Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00), Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives Xxxxxx Xxxxxx And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunder.. 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

Appears in 2 contracts

Samples: Paycheck Protection Program Promissory Note and Agreement (Tropical Racing Inc), Paycheck Protection Program Promissory Note and Agreement (HealthLynked Corp)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then DueUpon the occurrence of any Event of Default, Together With All Indebtedness Provided For Therein borrower authorizes and empowers any attorney admitted to practice before any court of record in the United States to appear on behalf of Borrower and confess judgment on behalf of Borrower against Borrower in the full amount due under this Agreement plus attorneys' fees of fifteen percent (With Or Without Acceleration Of Maturity), Plus Attorneys’ Fees Of Ten Percent (1015%) Of The Total Indebtedness Or Five Thousand Dollars of such amount. ($5,000.00)Notwithstanding the amount of any such judgment, Whichever Is The Larger Amount For The CollectionLender agrees by accepting this Note to use reasonable efforts to obtain legal counsel who will charge Lender for services on an hourly basis, Which at his or her customary hourly rates) and only for time expended and actual expenses incurred, and Lender agrees not to enforce a judgment for legal fees against Borrower And in an amount in excess of the fees and expenses actually charged to Lender Agree Is Reasonablefor services rendered by, Plus Costs Of Suitand for actual expenses incurred by its counsel in connection with such confession of judgment and the collection of all amounts owed by Borrower to Lender.) In any action brought by Lender under this Agreement, And To Release All ErrorsBorrower consents to the exercise of personal jurisdiction over it by the courts of the State of California and agrees that venue shall be proper in any County of the State of California, And Waive All Rights Of Appealin addition to any other court where venue may be proper. Borrower waives and releases, to the extent permitted by law, all errors and all rights of exemption, appeal, stay of execution, inquisition and extension upon any levy on real estate or personal property to which Borrower may otherwise be entitled under the laws of the United States of America now in force or which may hereafter be passed, as well as the benefit of any or every statute, ordinance, or rule of court which may be lawfully waived conferring upon Borrower any right or privilege of exemption, stay of exercise, or supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment. The Undersigned Expressly Releases All Errorsauthority and power to appear for and enter judgment against Borrower shall be exercisable concurrently in one or more jurisdictions and shall not be exhausted or extinguished by one or more exercises thereof, Waives All Stay Of Executionor by any imperfect exercise thereof or by arty judgment entered pursuant thereto. Such authority and power may be exercised on one or more occasions, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single Exercise Of The Foregoing Warrant And Power To Confess Judgment Will Be Deemed To Exhaust The Powerfrom time to time, Whether Or Not Any Such Exercise Shall Be Held By Any Court To Be Invalidin the same or different jurisdictions, Voidable Or Void; But The Power Will Continue Undiminished And May Be Exercised From Time To Time As as often as Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereundershall deem necessary or desirable, for all of which this Agreement shall be sufficient warrant.

Appears in 2 contracts

Samples: Revolving Credit Loan Agreement (Embarr Downs, Inc.), Revolving Credit Loan Agreement (Capall Stables, Inc.)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any (a) Upon the occurrence of an Event of Default, the Borrower hereby authorizes any attorney designated by the Lender or any clerk of any court of record, or the below designated attorney-in-fact or any successor named therefor to appear for the Borrower, or any of them, in any court of record and confess judgment against the Borrower, or any of them, without prior hearing, in favor of the Lender for, and in the amount of, the balance then due under the Note, all accrued and unpaid interest thereon, all other amounts payable by the Borrower to the Lender under the terms of this Note, costs of suit, and attorneys’ fees of twenty-five percent (25%) [of the principal amount of this Note]; provided however, that the Lender may not recover and collect from the Borrower attorneys’ fees in excess of its actual and reasonable attorneys’ fees finally incurred in acquiring judgment and collecting all sums due under this Note. (b) In the event that such judgment is to be confessed in the Commonwealth of Virginia, the Borrower, pursuant to Section 8.01-435 of the Code of Virginia, as amended, hereby irrevocably makes, constitutes, appoints and designates (and if the Borrower is an entity other than a natural person(s), hereby certifies that a duly authorized resolution is in effect making, constituting and appointing) V. Xxxx Xxxxxxxxx of Fairfax, Virginia, and/or Xxxxxxxx X. Xxxxxxxx of Fauquier, Virginia, either of whom may individually act, as its duly constituted agent and attorney-in-fact (hereinafter referred to as the “Attorney-AtIn-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of MaturityFact”), Plus Attorneys’ Fees Of Ten Percent which appointment shall be deemed to be coupled with an interest and shall not terminate upon the disability, insolvency or dissolution of the Borrower, to confess judgment against the Borrower (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00including all costs and reasonable attorney fees as set forth above), Whichever Is The Larger Amount For The Collectionpursuant to the provisions hereof and the applicable provisions of the Code of Virginia, Which as amended, which judgment shall be confessed in the Clerk’s Office of the Circuit Court of Fairfax County, Virginia. (c) In addition to the foregoing and in the event the above referenced Attorney-In-Fact is unable to act, refuses to act or is disqualified from acting, the Borrower And hereby irrevocably makes, constitutes, appoints and designates (and if the Borrower is an entity other than a natural person(s), hereby certifies that a duly authorized resolution is in effect making, constituting and appointing) the Lender, as the Borrower’s duly appointed agent and Attorney-In-Fact, with full right, power, privilege and authority to act on behalf of the Borrower, which power may be used from time to time by the Lender Agree Is Reasonableto designate such additional, Plus Costs Of Suitsubstitute or alternate person(s) who may act as additional or substitute Attorney-in-Fact (the “Substitute Attorney-In-Fact”) or to designate such additional courts in Virginia or in other states, And To Release All Errors, And Waive All Rights Of Appealterritories or jurisdictions in which by law judgment may be confessed against the Borrower. The Undersigned Expressly Releases All ErrorsSubstitute Attorney-in-Fact shall have full power to confess judgment against the Borrower in accordance with the terms hereof, Waives All Stay Of Executionwhich designation shall be binding on the Borrower as if the said Substitute Attorney-In-Fact was originally designated herein by the Borrower. This power of attorney and appointment of the Substitute Attorney-In-Fact is irrevocable and coupled with an interest, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereonand shall not terminate upon the disability, insolvency or dissolution of the Borrower. (d) The authority and power to appear for and enter judgment against the Borrower shall not be exhausted by one or more exercises thereof or by any imperfect exercise thereof and shall not be extinguished by any judgment entered pursuant thereto. Such authority may be exercised on one or more occasions or from time to time in the same or different jurisdictions as often as the Lender shall deem necessary or desirable, for all of which this Note shall be a sufficient warrant; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single Exercise Of The Foregoing Warrant And Power To Confess Judgment Will Be Deemed To Exhaust The Powerprovided that such multiple actions shall not, Whether Or Not Any Such Exercise Shall Be Held By Any Court To Be Invalidin the aggregate, 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 Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunderresult in any judgment for an amount in excess of the full amount due by the Borrower hereunder.

Appears in 1 contract

Samples: Stock Purchase Agreement (Alliance Bankshares Corp)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any (a) Upon the occurrence of an Event of Default, the Borrower hereby authorizes any attorney designated by the Lender or any clerk of any court of record, or the below designated attorney-in-fact or any successor named therefor to appear for the Borrower, or any of them, in any court of record and confess judgment against the Borrower, or any of them, without prior hearing, in favor of the Lender for, and in the amount of, the balance then due under the Note, all accrued and unpaid interest thereon, all other amounts payable by the Borrower to the Lender under the terms of this Note, costs of suit, and attorneys’ fees of twenty-five percent (25%) [of the principal amount of this Note]; provided however, that the Lender may not recover and collect from the Borrower attorneys’ fees in excess of its actual and reasonable attorneys’ fees finally incurred in acquiring judgment and collecting all sums due under this Note. (b) In the event that such judgment is to be confessed in the Commonwealth of Virginia, the Borrower, pursuant to Section 8.01-435 of the Code of Virginia, as amended, hereby irrevocably makes, constitutes, appoints and designates (and if the Borrower is an entity other than a natural person(s), hereby certifies that a duly authorized resolution is in effect making, constituting and appointing) V. Xxxx Xxxxxxxxx of Fairfax, Virginia, and/or Xxxxxxxx X. Xxxxxxxx of Fauquier, Virginia, either of whom may individually act, as its duly constituted agent and attorney-in-fact (hereinafter referred to as the “Attorney-AtIn-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of MaturityFact”), Plus Attorneys’ Fees Of Ten Percent which appointment shall be deemed to be coupled with an interest and shall not terminate upon the disability, insolvency or dissolution of the Borrower, to confess judgment against the Borrower (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00including all costs and reasonable attorney fees as set forth above), Whichever Is The Larger Amount For The Collectionpursuant to the provisions hereof and the applicable provisions of the Code of Virginia, Which as amended, which judgment shall be confessed in the Clerk’s Office of the Circuit Court of Fairfax County, Virginia. (c) In addition to the foregoing and in the event the above referenced Attorney-In-Fact is unable to act, refuses to act or is disqualified from acting, the Borrower And hereby irrevocably makes, constitutes, appoints and designates (and if the Borrower is an entity other than a natural person(s), hereby certifies that a duly authorized resolution is in effect making, constituting and appointing) the Lender, as the Borrower’s duly appointed agent and Attorney-In-Fact, with full right, power, privilege and authority to act on behalf of the Borrower, which power may be used from time to time by the Lender Agree Is Reasonableto designate such additional, Plus Costs Of Suitsubstitute or alternate person(s) who may act as additional or substitute Attorney-in-Fact (the "Substitute Attorney-In-Fact”) or to designate such additional courts in Virginia or in other states, And To Release All Errors, And Waive All Rights Of Appealterritories or jurisdictions in which by law judgment may be confessed against the Borrower. The Undersigned Expressly Releases All ErrorsSubstitute Attorney-in-Fact shall have full power to confess judgment against the Borrower in accordance with the terms hereof, Waives All Stay Of Executionwhich designation shall be binding on the Borrower as if the said Substitute Attorney-In-Fact was originally designated herein by the Borrower. This power of attorney and appointment of the Substitute Attorney-In-Fact is irrevocable and coupled with an interest, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereonand shall not terminate upon the disability, insolvency or dissolution of the Borrower. (d) The authority and power to appear for and enter judgment against the Borrower shall not be exhausted by one or more exercises thereof or by any imperfect exercise thereof and shall not be extinguished by any judgment entered pursuant thereto. Such authority may be exercised on one or more occasions or from time to time in the same or different jurisdictions as often as the Lender shall deem necessary or desirable, for all of which this Note shall be a sufficient warrant; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single Exercise Of The Foregoing Warrant And Power To Confess Judgment Will Be Deemed To Exhaust The Powerprovided that such multiple actions shall not, Whether Or Not Any Such Exercise Shall Be Held By Any Court To Be Invalidin the aggregate, 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 Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunderresult in any judgment for an amount in excess of the full amount due by the Borrower hereunder.

Appears in 1 contract

Samples: Stock Purchase Agreement (Alliance Bankshares Corp)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then DueUpon the occurrence of an event of default (as defined above) by Tenant under the Lease, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity)Tenant hereby empowers any prothonotary or any attorney of any court of record within the United States or elsewhere to appear for Tenant, Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00)without declaration filed, Whichever Is The Larger Amount For The Collectionand confess judgment against Tenant in favor of Landlord, Which Borrower And Lender Agree Is Reasonableits successors or assigns, Plus Costs Of Suitas of any Term, And To Release All Errorsfor any determined amount to which Landlord would be entitled as damages under any of the provisions of the Lease, And Waive All Rights Of Appealas amended, including also an attorney's fee for collection of 5% of the total amount of such damages, together with costs of suit, and Tenant hereby waives all errors, defects and imperfections in entering said judgment or in any writ, process of proceeding thereon or thereto or in any way touching or concerning the same and for the confession and entry of such judgment, the Lease or a true and correct copy thereof shall be sufficient warrant and authority. The Undersigned Expressly Releases All Errorsauthority and power contained herein shall not be exhausted by one exercise thereof, Waives All Stay Of Executionbut judgment may be confessed as aforesaid from time to time and as often as there is an occurrence of any event, Rights Of Inquisition And Extension and furthermore such authority and power may be exercised during the Term or any renewal thereof, or after the expiration or earlier termination of the Term hereof. Tenant understands that following entry of such judgment, Landlord may levy execution or proceed in any lawful manner Landlord determines to enforce such judgment. Tenant, with full knowledge of such remedies, waives its rights to notice thereof, except as specifically provided in the Lease. Tenant acknowledges that the Lease grants Tenant adequate grace and notice periods and Tenant accepts such grace and notice provisions as satisfying all of Tenant's rights including but not limited to its constitutional rights. Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereonthe occurrence of an event of default by Tenant under the Lease, the expiration of the Term of the Lease or the earlier termination or surrender hereof as provided in the Lease, it shall be lawful for an attorney to appear as attorney for Tenant and to confess judgment for the recovery by Landlord in possession of the Premises, for which the Lease shall be its sufficient warrant, whereupon, if Landlord 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 and Tenant, with full knowledge of such remedies, waives its rights to notice thereof, except as specifically provided in the Lease. Tenant acknowledges that the Lease grants to Tenant adequate grace and notice periods and Tenant accepts such grace and notice provisions as satisfying all of Tenant's rights including but not limited to its constitutional rights; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions provided, however, if for any reason after such action shall have been commenced, the same shall be determined that the possession of the Premises hereby demised remain in or be restored to Tenant, Landlord shall have the right for the same default and upon any subsequent default or defaults, or upon the termination of the Lease under any of the terms of the Lease to bring one or more further action or actions as hereinbefore set forth to recover possession of the Premises and confess judgment for the recovery of possession of the Premises as hereinabove provided. In any action for money or possession by confession, Landlord shall first cause to be filed in such action an affidavit made by it or someone acting for it, setting forth the facts necessary to authorize the entry of judgment, and, if a true copy of the Lease (and of the truth of the copy such affidavit shall be sufficient evidence) be filed in such action, it shall not be necessary to file the original as a warrant of attorney, any rule of court, custom or practice to the contrary notwithstanding. Tenant hereby releases to Landlord and to any and all attorneys who may appear for Tenant all errors in said proceedings and all liability thereof. Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single Exercise Of The Foregoing Warrant And Power To Confess Judgment Will Be Deemed To Exhaust The Powerthe Acts of Assembly and Rules of Civil Procedure, Whether Or Not Any Such Exercise Shall Be Held By Any Court To Be Invalideither at the end of the term or earlier termination of the Lease, 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 Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment HereunderTenant, acknowledging the adequacy of the grace and notice provisions contained herein, specifically waives any rights to notice required by the Landlord and Tenant Act of 1951, as amended, and agreed that five days notice shall be sufficient in any such case.

Appears in 1 contract

Samples: Lease Agreement (Room Plus Inc)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any If the rent and/or charges hereby reserved as rent shall remain unpaid on any day when the same ought to be paid, Lessee hereby empowers any Prothonotary or attorney of any Court Of of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Dueto appear for Lessee in any and all actions which may be brought for rent and/or charges, Together With All Indebtedness Provided For Therein 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 action or actions for the recovery of rent or other charges or expenses, and in said suits or in said action to confess judgment against Lessee for all or any part of the fees or charges specified in this Lease and then unpaid including, at Lessor's option, additional charges, payments, costs and expenses to be paid by Lessee hereunder, and for interests and costs together with an attorney's fee of not less than five percent (With Or Without Acceleration Of Maturity), Plus Attorneys’ Fees Of Ten Percent (105%) Of The Total Indebtedness Or of all of the foregoing, or Five Thousand Dollars ($5,000.00), Whichever Is The Larger Amount For The Collectionwhichever shall be the greater. Such authority shall not be exhausted by one exercise thereof, Which Borrower And Lender Agree Is Reasonablebut judgment may be confessed as aforesaid from time to time as often as any of said additional charges payable hereunder shall fall due or be in arrears, Plus Costs Of Suitand such powers may be exercised as well after the expiration of the original term and/or during any extension or renewal of this Lease. LESSEE ACKNOWLEDGES THAT SECTIONS 16 AND 17 OF THIS LEASE CONTAIN AUTHORIZATION TO CONFESS JUDGMENT, And To Release All ErrorsTHAT IT HAS CONSULTED LEGAL COUNSEL WITH RESPECT THERETO AND THAT IT UNDERSTANDS THAT THE EXERCISE BY LESSOR OF THE CONFESSIONS WILL RESULT IN THE ENTRY OF JUDGMENT AGAINST LESSEE AND THE SALE OR ATTACHMENT OF, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All ErrorsOR EXECUTION UPON, Waives All Stay Of ExecutionLESSEE'S PROPERTY (INCLUDING WITHOUT LIMITATION PERSONAL PROPERTY, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment HereunderREAL PROPERTY AND BANK ACCOUNTS) WITHOUT PRIOR NOTICE OR THE OPPORTUNITY FOR A HEARING.

Appears in 1 contract

Samples: Lease Agreement (Holts Cigar Holdings Inc)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Duea. THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF AUTHORITY FOR ANY ATTORNEY TO CONFESS JUDGMENT AGAINST THE BORROWER. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE BORROWER, Together With All Indebtedness Provided For Therein THE BORROWER, FOLLOWING CONSULTATION WITH (With Or Without Acceleration Of Maturity)OR DECISION NOT TO CONSULT) SEPARATE COUNSEL FOR THE BORROWER AND WITH KNOWLEDGE OF THE LEGAL EFFECT HEREOF, Plus Attorneys’ Fees Of Ten Percent HEREBY KNOWINGLY, INTENTIONALLY, VOLUNTARILY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE BORROWER HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES OF AMERICA, THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE. IT IS SPECIFICALLY ACKNOWLEDGED BY THE BORROWER THAT THE BANK HAS RELIED ON THIS WARRANT OF ATTORNEY IN RECEIVING THIS AGREEMENT AND AS AN INDUCEMENT TO GRANT FINANCIAL ACCOMMODATION CONTAINED HEREIN. b. Upon and following the occurrence of an Event of Default, the Borrower hereby jointly and severally authorizes and empowers any attorney of any court of record or the prothonotary or clerk of any county in Commonwealth of Pennsylvania, or in any jurisdiction where permitted by law or the clerk of any United States District Court, to appear for the Borrower or any of them in any and all actions which may be brought hereunder and enter and confess judgement against the Borrower or any of them in favor of the Bank for such sums as are due or may become due hereunder or under any other Loan Document, together with costs of suit and actual collection costs including, without limitation, reasonable attorneys' fees equal to five percent (105%) Of The Total Indebtedness Or Five Thousand Dollars (of the Liabilities then due and owing but in no event less than $5,000.00)5,000, Whichever Is The Larger Amount For The Collectionwith or without declaration, Which without prior notice, without stay of execution and with release of all procedural errors and the right to issue executions forthwith. To the extent permitted by law, the Borrower And Lender Agree Is Reasonablewaives the right of inquisition on any real estate levied on, Plus Costs Of Suitvoluntarily condemns the same, And To Release All Errorsauthorizes the prothonotary or clerk to enter upon the writ of execution this voluntary condemnation and agrees that such real estate may be sold on a writ of execution; and also waives any relief from any appraisement, And Waive All Rights Of Appealstay or exemption law of any state now in force or hereafter enacted. If a copy of this Agreement verified by affidavit of any officer of the Bank shall have been filed in such action, it shall not be necessary to file the original thereof as a warrant of attorney, any practice or usage to the contrary notwithstanding. The Undersigned Expressly Releases All Errorsauthority herein granted to confess judgement shall not be exhausted by any single exercise thereof, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Fullbut shall continue and may be exercised from time to time as often as the Bank shall find it necessary and desirable and at all time until full payment of all amounts due hereunder and under the other Loan Documents. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment HereunderBank may confess one or more judgments in the same or different jurisdictions for all or any part of the obligations arising hereunder or under any other Loan Document, without regard to whether judgment has theretofore been confessed on more than one occasion for the same obligations. In the event that any judgment confessed against the Borrower is stricken or opened upon application by or on behalf of the Borrower or any Obligor for any reason, the Bank is hereby authorized and empowered to again appear for and confess judgment against the Borrower for any part or all of the obligations due and owing under this Note, as herein provided.

Appears in 1 contract

Samples: Revolving Credit Agreement (Premier Research Worldwide LTD)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Upon the occurrence of an Event of Default, Borrower hereby authorizes and empowers any attorney or attorneys or the Prothonotary or Clerks of any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This in the Commonwealth of Pennsylvania, or elsewhere, to appear for Borrower in any such Court in an appropriate action there or elsewhere brought or to be brought against Borrower at the suit of Lender on the Note, with or without suit or declaration filed, as of any term or time there or elsewhere to be held, and therein to CONFESS OR ENTER JUDGMENT against Borrower for an amount equal to the obligations due hereunder, under the Mortgages, the Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided For Therein and under the other Loan Documents (With Or Without Acceleration Of Maturitywith or without acceleration of maturity), Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00)including all costs and reasonable attorneys' fees. Borrower expressly authorizes the entry of repeated judgments under this paragraph notwithstanding any prior entry of judgment in the same or any other court for the same obligation or part thereof. BORROWER ACKNOWLEDGES THAT IT HAS BEEN REPRESENTED BY COUNSEL IN CONNECTION WITH THE EXECUTION OF THIS AGREEMENT AND THAT IT UNDERSTANDS THIS PROVISION FOR CONFESSION OF JUDGMENT. BORROWER REPRESENTS TO LENDER THAT HOWARD GROSSMAN, Whichever Is The Larger Amount For The CollectionESQ., Which Borrower And Lender Agree Is ReasonableOF THE LAW FIRM BALLARD SPAHR ANDREWS & INGERXXXX, Plus Costs Of SuitXXX, And To Release All ErrorsXXX EXPLAINED THE PROVISIONS XX XXXX XXXXXXXXXX XF JUDGMENT TO BORROWER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment HereunderBORROWER WAIVES ANY RIGHT TO NOTICE OR A HEARING WHICH IT MIGHT OTHERWISE HAVE BEFORE ENTRY OF JUDGMENT.

Appears in 1 contract

Samples: Loan Agreement (Candlewood Hotel Co Inc)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Upon the occurrence of a Default, Borrower hereby submits and waives all rights to object to nonexclusive personal jurisdiction in the State of Maryland and authorizes any attorney designated by Xxxxxx or any clerk of any court of record in Maryland or elsewhere to appear for Borrower in any court of record and confess judgment against Borrower without prior hearing in favor of Lender Setting Forth The Amount Then Duefor, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity)and in the amount of, Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five the outstanding principal balance, accrued and unpaid interest, outstanding fees and late charges and all other costs of collection under this Note, all accrued and unpaid interest thereon, all other amounts payable by Borrower to Lender under the terms of this Note, and costs of suit and attorneys' fees of One Hundred Thousand Dollars ($5,000.00100,000). Notwithstanding any other provisions of this Section, Whichever Is The Larger Amount For The CollectionXxxxxx acknowledges that attorneys' fees are stated to be One Hundred Thousand Dollars ($100,000) solely for purposes of fixing a sum certain for which judgment can be entered by confession; and Xxxxxx agrees that in enforcing any judgment by confession, Which Xxxxxx shall not demand, solely with respect to attorneys' fees incurred by Xxxxxx in connection with such indebtedness after such judgment is rendered, any amounts in excess of the actual amount of reasonable attorneys' fees charged or billed to Lender. Borrower And Lender Agree Is Reasonablehereby releases, Plus Costs Of Suitto the extent permitted by applicable law, And To Release All Errorsall errors and all rights of exemption, And Waive All Rights Of Appealappeal, stay of execution, inquisition and other rights to which Borrower may otherwise be entitled under the laws of the United States of America or of any state or possession of the United States of America now in force and which may hereafter be enacted. Borrower hereby consents to the immediate execution of such judgment. The Undersigned Expressly Releases All Errorsauthority and power to appear for and enter judgment against Borrower shall not be exhausted by one or more exercises thereof or by any imperfect exercise thereof and shall not be extinguished by any judgment entered pursuant thereto. Such authority may be exercised on one or more occasions or from time to time in the same or different jurisdictions as often as Lender shall deem necessary and desirable, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This for all of which this Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereundershall be sufficient warrant.

Appears in 1 contract

Samples: Term Note (Guilford Pharmaceuticals Inc)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then DueTHE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENTS AGAINST TENANT OR TO SIGN AND FILE AN ANSWER ON TENANT'S BEHALF FOR POSSESSION OF THE PREMISES. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENTS AGAINST TENANT AND TO SIGN AND FILE AN ANSWER ON TENANT'S BEHALF, Together With All Indebtedness Provided For Therein TENANT HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND, ON THE ADVICE OF THE SEPARATE COUNSEL OF TENANT, UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS TENANT HAS OR MAY HAVE WITH RESPECT TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE LAWS OF THE STATE IN WHICH THE BUILDING IS LOCATED. (With Or Without Acceleration Of Maturity)a) Upon the occurrence of an Event of Default, Plus Attorneys’ Fees Of Ten Percent or upon the termination of this Lease, the original term hereof or any renewal or extension thereof on account of any default by Tenant hereunder, or upon the expiration of the original term of this Lease or any renewal or extension thereof, it shall be lawful for any Prothonotary or attorney of any court of record to appear for Tenant, as well as for all persons claiming by, through or under Tenant, and to (10%i) Of The Total Indebtedness Or Five Thousand Dollars confess judgment against Tenant for recovery of possession of the premises, and/or ($5,000.00), Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunder.ii) sign and file for Tenant an answer in response to any action instituted by Landlord against Tenant in any

Appears in 1 contract

Samples: Stock Purchase Agreement (Horizon Health Corp /De/)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any AttorneyBorrower hereby irrevocably authorizes and empowers, the Investor and any attorney-Atat-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This law, each as the Borrower’s attorney-in-fact, to appear ex parte in any court of record and to confess judgment against the Company for the unpaid amount of this Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Dueor any undelivered shares of the Company’s Ordinary Shares not delivered upon Investors’s conversion of their note or exercise of their Ordinary Shares Purchase Warrant, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity)as evidenced by an affidavit signed by Investor setting forth the amount then due, Plus Attorneysincluding attorneysFees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00)fees plus costs of suit, Whichever Is The Larger Amount For The Collectionand to release all errors, Which Borrower And Lender Agree Is Reasonableand waive all rights of appeal. If a copy of this Note verified by an affidavit, Plus Costs Of Suitshall have been filed in the proceeding, And To Release All Errors, And Waive All Rights Of Appealit will not be necessary to file the original as a warrant of attorney. The Undersigned Expressly Releases All ErrorsBorrower waives the right to contest Investor’s rights under this section, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enactedincluding without limitation 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 single 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 Investor may elect until all amounts owing on this Note have been paid in full and all shares of stock that have been exercised under the Ordinary Shares Purchase 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Fullhave been delivered. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Company hereby further waives and releases any and all claims or causes of action which the Company might have against any attorney acting under the terms of authority which the Company has granted herein arising out of or connected with the confession of judgment hereunder. Notwithstanding anything to the contrary contained herein, Investor shall not exercise its rights with respect to the foregoing power of attorney unless or until an Event of Default has occurred. Neither the Confession Of of Judgment Hereundernor the Investor shall not be bound by Section 5.6 of this Agreement and the Investor shall have the option to commence legal proceedings with any court of their choosing.

Appears in 1 contract

Samples: Promissory Note (SMX (Security Matters) Public LTD Co)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided provided For Therein (With Or Without Acceleration Of Maturity), Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or or Five Thousand Dollars ($5,000.00), Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of of Suit, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunder.

Appears in 1 contract

Samples: Paycheck Protection Program Promissory Note (Sysorex, Inc.)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Duea. THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF AUTHORITY FOR ANY ATTORNEY TO CONFESS JUDGMENT AGAINST THE BORROWER. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE BORROWER, Together With All Indebtedness Provided For Therein THE BORROWER, FOLLOWING CONSULTATION WITH (With Or Without Acceleration Of Maturity)OR DECISION NOT TO CONSULT) SEPARATE COUNSEL FOR THE BORROWER AND WITH KNOWLEDGE OF THE LEGAL EFFECT HEREOF, Plus Attorneys’ Fees Of Ten Percent HEREBY KNOWINGLY, INTENTIONALLY, VOLUNTARILY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE BORROWER HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES OF AMERICA, THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE. IT IS SPECIFICALLY ACKNOWLEDGED BY THE BORROWER THAT THE BANK HAS RELIED ON THIS WARRANT OF ATTORNEY IN RECEIVING THIS AGREEMENT AND AS AN INDUCEMENT TO GRANT FINANCIAL ACCOMMODATIONS CONTAINED HEREIN. b. Upon and following the occurrence of an Event of Default, the Borrower hereby jointly and severally authorizes and empowers any attorney of any court of record or the prothonotary or clerk of any county in the Commonwealth of Pennsylvania, or in any jurisdiction where permitted by law or the clerk of any United States District Court, to appear for the Borrower or any of them in any and all actions which may be brought hereunder and enter and confess judgment against the Borrower or any of them in favor of the Bank for such sums as are due or may become due hereunder or under any other Loan Document, together with costs of suit and actual collection costs including, without limitation, reasonable attorneys' fees equal to five percent (105%) Of The Total Indebtedness Or Five Thousand Dollars (of the Liabilities then due and owing but in no event less than $5,000.00)5,000, Whichever Is The Larger Amount For The Collectionwith or without declaration, Which without prior notice, without stay of execution and with release of all procedural errors and the right to issue executions forthwith. To the extent permitted by law, the Borrower And Lender Agree Is Reasonablewaives the right of inquisition on any real estate levied on, Plus Costs Of Suitvoluntarily condemns the same, And To Release All Errorsauthorizes the prothonotary or clerk to enter upon the writ of execution this voluntary condemnation and agrees that such real estate may be sold on a writ of execution; and also waives any relief from any appraisement, And Waive All Rights Of Appealstay or exemption law of any state now in force or hereafter enacted. If a copy of this Agreement verified by affidavit of any officer of the Bank shall have been filed in such action, it shall not be necessary to file the original thereof as a warrant of attorney, any practice or usage to the contrary notwithstanding. The Undersigned Expressly Releases All Errorsauthority herein granted to confess judgment shall not be exhausted by any single exercise thereof, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Fullbut shall continue and may be exercised from time to time as often as the Bank shall find it necessary and desirable and at all times until full payment of all amounts due hereunder and under the other Loan Documents. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment HereunderBank may confess one or more judgments in the same or different jurisdictions for all or any part of the obligations arising hereunder or under any other Loan Document, without regard to whether judgment has theretofore been confessed on more than one occasion for the same obligations. In the event that any judgment confessed against the Borrower is stricken or opened upon application by or on behalf of the Borrower or any Obligor for any reason, the Bank is hereby authorized and empowered to again appear for and confess judgment against the Borrower for any part or all of the obligations due and owing under this Note, as herein provided.

Appears in 1 contract

Samples: Revolving Credit Agreement (Leak X Environmental Corporation)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Concurrently with the execution of this Agreement, the Issuer shall execute and deliver to the Holder's counsel a Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Dueby Confession, Together With All Indebtedness Provided For Therein Stipulation for Entry of Judgment by Confession, Confession and Confession of Judgment and Attorney Certification in the forms agreed upon by the Issuer and the Holder (With Or Without Acceleration Of Maturitycollectively, the "CONFESSION OF JUDGMENT DOCUMENTS"), Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00), Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appealall of which documents shall be approved in writing by the Officers and Board of Directors of Issuer. The Undersigned Expressly Releases All ErrorsConfession of Judgment Documents shall be held by counsel for the Holder and shall only be used consistent with the terms of this Agreement. If an event of default under the Debts shall have occurred and be continuing uncured after the expiration of applicable cure period of thirty days then the Holder shall have the right to file and have a court of competent jurisdiction enter the Confession of Judgment Documents. In the event that the pre-conditions for the filing and entering of the Confession of Judgment Documents are met, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single Exercise Of The Foregoing Warrant And Power To Confess the Issuer's maximum liability shall be equal to the principal amount of the Debts plus interest accrued under the Debts on such principal amount through the entry of the Confession of 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In FullDocuments. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Issuer's liability shall be reduced by sums paid to the Holder pursuant to this Agreement. If the Issuer has repaid all principal and interest due under the Debts prior to the filing of the Confession Of of Judgment HereunderDocuments, then the Holder and the Holder's counsel shall not file or enforce the Confession of Judgment Documents but instead shall immediately return them to the Issuer's counsel. Issuer acknowledges and agrees that it shall reimburse Holder for all fees and costs, including attorney fees, incurred in the collection, any litigation regarding and/or enforcement of the security interest and obligations set forth herein or contained in the Note Documentation.

Appears in 1 contract

Samples: Debt Modification Agreement (Telenetics Corp)

Confession of Judgment. Each Borrower hereby authorizes any clerk of court or any attorney-at-law to appear for such Borrower before any court, having jurisdiction, within the United States or elsewhere, and, after one or more complaints flied, confess judgment against such Borrower as of any time after any of the Obligations are due (whether by demand, stated maturity, acceleration or otherwise) for the unpaid balance of the Obligations, including principal, interest, fees, court costs, late charges and expenses, together with attorneys' fees equal to fifteen percent (15%) of the amount of such Obligations, for collection and release of all errors, and without stay of execution, and inquisition and extension upon any levy on real estate is hereby waived and condemnation agreed to, and the exemption of personal property from levy and sale is also hereby expressly waived, and no benefit of exemption shall be claimed under any exemption law now in force or which may be hereafter adopted. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Dueforegoing authorities and powers to confess judgment shall not be exhausted by one or more exercises of any of them or by any imperfect exercise of any of them, Together With All Indebtedness Provided For Therein shall not be extinguished by any judgment entered because of any of them and may be exercised before, during or after sale, liquidation or other disposition by Bank of any property directly or indirectly securing any of the Obligations or exercise or enforcement by Bank of any other right or remedy of Bank with respect to the Obligations. Bank and Borrowers agree that any agreements of Borrowers contained in this Agreement or any of the Other Agreements to pay any costs or expenses, including attorneys' fees and expenses, paid or incurred by Bank shall not be merged into, or otherwise impaired by, any such judgment by confession, but Bank shall not be entitled to recover on account of such costs or expenses any amount in excess of the greater of (With Or Without Acceleration Of Maturitya) such costs or expenses included in any judgments by confession (without duplication), Plus Attorneys’ Fees Of Ten Percent or (10%b) Of The Total Indebtedness Or Five Thousand Dollars such costs or expenses actually paid or incurred by Bank. Notwithstanding the foregoing, Bank agrees that to the extent Bank recovers an amount under this Subsection 10.09 ($5,000.00)or under the confession of judgment provisions of the Note) for application to its attorney's fees which exceeds the actual and reasonable attorney's fees incurred in connection therewith, Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunderfollowing the satisfaction of all other Obligations such excess amount shall be refunded to Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Hunter Group Inc)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Whenever liability of Corporation and/or Guarantor shall accrue, the Guarantor hereby empowers any attorney of any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Dueof record within the United States of America or elsewhere to appear for the Guarantor and, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity)with or without complaint filed, Plus Attorneys’ Fees Of Ten Percent confess judgment, or a series of judgments, against the Guarantor in favor of 3 Vandab, as of any term, for the liability of Guarantor and/or Tenant and all other sums paid by Vandab hereof to or on behalf of Corporation or any successor in interest pursuant to the terms of this Guarantee, together with unpaid interest thereon, costs of suit and attorney's commission for collection of ten (10%) Of The Total Indebtedness Or percent of the total indebtedness or Five Thousand Dollars Hundred and xx/100 ($5,000.00)500.00) Dollars, Whichever Is The Larger Amount For The Collectionwhichever is the larger amount, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appealon which judgment or judgments one or more executions may issue forthwith upon failure to comply with any of the terms and conditions of this Guarantee. The Undersigned Expressly Releases All ErrorsGuarantor hereby forever waives and releases all errors in said proceedings, Waives All Stay Of Executionwaives stay of execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enactedthe right of inquisition and extension of time of payment, agrees to condemnation of any property levied upon virtue of any such execution, and waives all exemptions from levy and sale of any property that now is or hereafter may be exempted by law. No Single Exercise Of The Foregoing Warrant And Power To Confess Judgment Will Be Deemed To Exhaust The Powersingle exercise of the foregoing power to confess a judgment, Whether Or Not Any Such Exercise Shall Be Held By Any or a series of judgments, shall be deemed to exhaust the power, whether or not any such exercise shall be held by any Court To Be Invalidto be valid, 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 Note Have Been Paid In Fullvoidable, or void, but the power shall continue undiminished and it may be exercised from time to time as often as Vandab hereof shall elect until such time as Vandab shall have received payment in full of the obligations due under the terms of this Guarantee. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment HereunderTHIS GUARANTEE AUTHORIZES THE ENTRY OF JUDGMENT UPON DEFAULT THEREON. BY SIGNING THIS PAPER YOU GIVE UP THE RIGHT TO NOTICE AND A COURT TRIAL UPON DEFAULT.

Appears in 1 contract

Samples: Guaranty Agreement (Educational Medical Inc)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney(a) If an Event of Default occurs relating to Tenant's non-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Duepayment of the Rent due under the Lease, Together With All Indebtedness Provided For Therein Tenant hereby authorizes any attorney of any court of record of the Commonwealth of Pennsylvania to appear for Tenant and to confess judgment against Tenant, and in favor of Landlord, for all Rent due plus costs and an attorney's collection commission equal to the greater of 10% of all Rent or $1,000, for which the Lease or a true and correct copy of the Lease shall be good and sufficient warrant. TENANT UNDERSTANDS THAT THE FOREGOING PERMITS LANDLORD TO ENTER A JUDGMENT AGAINST TENANT WITHOUT PRIOR NOTICE OR HEARING. ONCE SUCH A JUDGMENT HAS BEEN ENTERED AGAINST TENANT, ONE OR MORE WRITS OF EXECUTION OR WRITS OF GARNISHMENT MAY BE ISSUED THEREON WITHOUT FURTHER NOTICE TO TENANT AND WITHOUT A HEARING, AND, PURSUANT TO SUCH WRITS, LANDLORD MAY CAUSE THE SHERIFF OF THE COUNTY IN WHICH ANY PROPERTY OF TENANT IS LOCATED TO SEIZE TENANT'S PROPERTY BY LEVY OR ATTACHMENT. IF THE JUDGMENT AGAINST TENANT REMAINS UNPAID AFTER SUCH LEVY OR ATTACHMENT, LANDLORD CAN CAUSE SUCH PROPERTY TO BE SOLD BY THE SHERIFF EXECUTING THE WRITS, OR, IF SUCH PROPERTY CONSISTS OF A DEBT OWED TO TENANT BY ANOTHER ENTITY, LANDLORD CAN CAUSE SUCH DEBT TO BE PAID DIRECTLY TO LANDLORD IN AN AMOUNT UP TO BUT NOT TO EXCEED THE AMOUNT OF THE JUDGMENT OBTAINED BY LANDLORD AGAINST TENANT, PLUS THE COSTS OF THE EXECUTION. 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 the Rent and other sums shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the Second Extension Term and during any extended or renewal term and after the expiration of any extended or renewal term of the Lease. (With Or Without Acceleration Of Maturity)b) When the Lease and the Term or any extension thereof have been terminated on account of any default by Tenant, Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00)or when the Term or any extension thereof has expired, Whichever Is The Larger Amount For The CollectionTenant hereby authorizes any attorney of any court of record of the Commonwealth of Pennsylvania to appear for Tenant and for anyone claiming by, Which Borrower And Lender Agree Is Reasonablethrough or under Tenant and to confess judgment against all such parties, Plus Costs Of Suitand in favor of Landlord, And To Release All Errorsin ejectment and for the recovery of possession of the Premises, And Waive All Rights Of Appealfor which the Lease or a true and correct copy of thereof shall be good and sufficient warrant. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunder.AFTER THE ENTRY OF ANY SUCH JUDGMENT A WRIT OF POSSESSION MAY BE

Appears in 1 contract

Samples: Lease Amendment (Cutanea Life Sciences Inc)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Duethe event that the Borrower fails to pay when due any amount required to be paid under Section 5.01(a) or any other amounts due under this Loan Agreement and the Indenture, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity)the Borrower authorizes any attorney at law licensed in the State to appear on behalf of the Borrower in any court having jurisdiction in one or more proceedings, Plus Attorneysor before any clerk thereof or protonotary or other court official, and to confess judgment against the Borrower, without prior notice or opportunity of the Borrower for prior hearing, in favor of the Trustee for the full amount due under this Loan Agreement and the other Borrower Documents plus court costs and reasonable attorneysFees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00), Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appealfees incurred to confess judgment. The Undersigned Expressly Releases All ErrorsBorrower waives the benefit of any and every statute, Waives All Stay Of Executionordinance or rule of court which may be lawfully waived conferring upon the Borrower any right or privilege of exemption, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single Exercise Of The Foregoing Warrant And Power To Confess Judgment Will Be Deemed To Exhaust The Powerappeal, Whether Or Not Any Such Exercise Shall Be Held By Any Court To Be Invalidstay of execution or supplementary proceedings, 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 Note Have Been Paid In Fullinquisition, extension upon any levy on real estate or personal property and any other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which authority and power to appear for and enter judgment against the Borrower shall not be exhausted by one or more exercises thereof, or by any imperfect exercise thereof, and shall not be extinguished by any judgment entered pursuant thereto; such authority and power may be exercised on one or more occasions from time to time, in the same or different jurisdictions, as often as the Trustee or the Bondholder Representative shall deem necessary or advisable, for all of which this Loan Agreement shall be sufficient authority. Notwithstanding the foregoing, in enforcing any judgment by confession obtained against the Borrower in connection with this Loan Agreement, the Trustee shall not retain, solely with respect to attorney’s fees incurred by the Trustee in connection with this Loan Agreement, any amounts in excess of the actual amount of attorneys’ fees charged or billed to the Trustee. The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment HereunderTrustee shall be entitled to recover its reasonable attorney’s fees and expenses in connection with enforcing any judgment by confession obtained against the Borrower and each of the Trustee and the Bondholder Representative shall be entitled to recover its reasonable attorney’s fees and expenses in connection with the enforcement of any other provision contained in this Loan Agreement.

Appears in 1 contract

Samples: Loan Agreement

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This (a) UPON THE OCCURRENCE OF ANY DEFAULT WHICH IS NOT CURED WITHIN THE APPLICABLE GRACE PERIOD, BORROWER HEREBY AUTHORIZES AND EMPOWERS THE PROTHONOTARY OR CLERK OR ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR AND CONFESS JUDGMENT THEREIN AGAINST XXXXXXXX, WITH OR WITHOUT DECLARATION FILED OR ANY OF THEM FOR THE AMOUNT WHICH FROM THE FACE HEREOF MAY APPEAR TO BE DUE HEREIN, PLUS REASONABLE ATTORNEYS' FEES. THE AUTHORITY AND POWER TO APPEAR FOR AND ENTER JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY THE INITIAL EXERCISE THEREOF, AND THE SAME MAY BE EXERCISED FROM TIME TO TIME, AS OFTEN AS LENDER SHALL DEEM NECESSARY AND DESIRABLE, AND THIS NOTE SHALL BE SUFFICIENT WARRANT. (b) Borrower acknowledges that the full legal significance of the confession of judgment clause contained in Paragraph 7 (a) above has been carefully examined by Xxxxxxxx and Xxxxxxxx does hereby acknowledge that Xxxxxxxx has signed this Note, KNOWINGLY, VOLUNTARILY and UNDERSTANDINGLY, and with knowledge that, Lender may cause judgment to be confessed against Borrower with or without default, and upon any default in the obligations of Borrower, may cause execution to issue and as the result, there may be a judicial sale of real, personal or mixed property belonging to Xxxxxxxx. Xxxxxxxx has access to legal counsel and waives any rights to have a more detailed explanation of Xxxxxxxx's legal rights under this Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity), Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00), Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunderand of the effect of the confession of judgment clause.

Appears in 1 contract

Samples: Demand Note (Nuclear Research Corp)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of MaturityExcept with respect to an Event of Default listed in Sections 2.4(a)(i), Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.002.4(a)(ii), Whichever Is The Larger Amount For The Collection2.4(b)(v) and 8.1 of the Loan Agreement, Which Borrower And Lender Agree Is Reasonablefor which the Trustee shall provide notice of default to the Company and prior to the execution of this confession of judgment provide the Company with thirty (30) days from the date of such notice for the Company to cure any such default, Plus Costs Of Suitupon the occurrence of an Event of Default, And To Release All Errorsthe Company hereby submits (and waives all rights to object) to nonexclusive personal jurisdiction in the State of Ohio and authorizes any attorney designated by Holder or any clerk of any court of record in Ohio or elsewhere to appear for Company in any court of record and confess judgment against Company without prior hearing in favor of Holder for, And Waive All Rights Of Appealand in the amount of, the outstanding principal balance of this Note, all accrued and unpaid interest thereon, all other amounts payable by Company to Holder under the terms of this Note, and costs of suit and actual attorneys’ fees incurred by Holder in connection with such confession of judgment. Holder agrees that in enforcing any judgment by confession, Holder shall not demand, solely with respect to attorneys’ fees incurred by Holder in connection with such indebtedness for which such judgment is rendered, any amounts in excess of the actual amount of attorneys’ fees charged or billed to Holder. Company hereby releases, to the extent permitted by applicable law, all errors and all rights of exemption, appeal, stay or execution, inquisition and other rights to which Company may otherwise be entitled under the laws of the United States of America or of any state or possession of the United States of America now in force and which may hereafter be enacted. Company hereby consents to the immediate execution of such judgment. The Undersigned Expressly Releases All Errorsauthority and power to appear for and enter judgment against Company shall not be exhausted by one or more exercises thereof or by any imperfect exercise thereof and shall not be extinguished by any judgment entered pursuant thereto. Such authority may be exercised on one or more occasions or from time to time in the same or different jurisdictions as often as Holder shall deem necessary and desirable, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This for all of which this Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereundershall be sufficient warrant.

Appears in 1 contract

Samples: Loan Agreement (Roth CH Acquisition I Co. Parent Corp.)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of MaturityExcept with respect to an Event of Default listed in Sections 2.4(a)(i), Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.002.4(a)(ii), Whichever Is The Larger Amount For The Collection2.4(b)(v) and 8.1 of the Loan Agreement, Which Borrower And Lender Agree Is Reasonablefor which the Trustee shall provide notice of default to the Company and prior to the execution of this confession of judgment provide the Company with thirty (30) days from the date of such notice for the Company to cure any such default, Plus Costs Of Suitupon the occurrence of an Event of Default, And To Release All Errorsthe Company hereby submits (and waives all rights to object) to nonexclusive personal jurisdiction in the State of Ohio and authorizes any attorney designated by Holder or any clerk of any court of record in Ohio or elsewhere to appear for Company in any court of record and confess judgment against Company without prior hearing in favor of Holder for, And Waive All Rights Of Appealand in the amount of, the outstanding principal balance of the Note, all accrued and unpaid interest thereon, all other amounts payable by Company to Holder under the terms of the Note, and costs of suit and actual attorneys’ fees incurred by Holder in connection with such confession of judgment. Holder agrees that in enforcing any judgment by confession, Holder shall not demand, solely with respect to attorneys’ fees incurred by Holder in connection with such indebtedness for which such judgment is rendered, any amounts in excess of the actual amount of attorneys’ fees charged or billed to Holder. Company hereby releases, to the extent permitted by applicable law, all errors and all rights of exemption, appeal, stay or execution, inquisition and other rights to which Company may otherwise be entitled under the laws of the United States of America or of any state or possession of the United States of America now in force and which may hereafter be enacted. Company hereby consents to the immediate execution of such judgment. The Undersigned Expressly Releases All Errorsauthority and power to appear for and enter judgment against Company shall not be exhausted by one or more exercises thereof or by any imperfect exercise thereof and shall not be extinguished by any judgment entered pursuant thereto. Such authority may be exercised on one or more occasions or from time to time in the same or different jurisdictions as often as Holder shall deem necessary and desirable, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This for all of which the Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereundershall be sufficient warrant.

Appears in 1 contract

Samples: Loan Agreement (Roth CH Acquisition I Co. Parent Corp.)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Upon the occurrence of an Event of Default hereunder, Maker hereby irrevocably authorizes and empowers any attorney of any court of record or the Prothonotary or Clerk of any court in the Commonwealth of Pennsylvania, or elsewhere, to appear at any time for the of any term, and therein to confess or enter judgment against the Maker for all or any part of the sums due Payee pursuant to this Note and all arrearages of interest thereon together with interest thereon at the Default Rate after default including interest at that rate from and after the date of any foreclosure, sheriffs or judicial sale until actual payment is made to Payee of the full amount due Payee plus costs and together with all actual attorneys' fees incurred by Payee from time to time in enforcing its rights hereunder, including the Confession of Judgment Against The Undersigned against Maker. For The Unpaid Amount Of This purposes of such confessions of judgment, this Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity), Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00), Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appealor a copy thereof verified by affidavit shall be a good and sufficient warrant. The Undersigned Expressly Releases All Errorsauthority granted herein to confess judgment shall not be exhausted by any exercise thereof but shall continue from time to time and at all times until all obligations of Maker to Payee have been fully paid and/or discharged. Payee may confess one or more judgments in the same or different jurisdictions for all or any of the amount owing hereunder, Waives All Stay Of Executionwithout regard to whether judgment has theretofore been confessed on more than one occasion for the same amount. In the event any judgment confessed against Maker hereunder is stricken or opened upon application by or on Maker's behalf for any reason, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single Exercise Of The Foregoing Warrant And Power To Confess Judgment Will Be Deemed To Exhaust The PowerPayee is hereby authorized and empowered to again appear for and confess judgment against Maker for any part or all of the amounts owing hereunder, Whether Or Not Any Such Exercise Shall Be Held By Any Court To Be Invalidas provided for herein, 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 Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunderif doing so will cure any errors or defects in such prior proceedings.

Appears in 1 contract

Samples: Asset Purchase Agreement (Nco Group Inc)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney(a) If an Event of Default occurs relating to Tenant’s non-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Duepayment of the Rent due under the Lease, Together With All Indebtedness Provided For Therein Tenant hereby authorizes any attorney of any court of record of the Commonwealth of Pennsylvania to appear for Tenant and to confess judgment against Tenant, and in favor of Landlord, for all Rent due plus costs and an attorney’s collection commission equal to the greater of 10% of all Rent or $1,000, for which the Lease or a true and correct copy of the Lease shall be good and sufficient warrant. TENANT UNDERSTANDS THAT THE FOREGOING PERMITS LANDLORD TO ENTER A JUDGMENT AGAINST TENANT WITHOUT PRIOR NOTICE OR HEARING. ONCE SUCH A JUDGMENT HAS BEEN ENTERED AGAINST TENANT, ONE OR MORE WRITS OF EXECUTION OR WRITS OF GARNISHMENT MAY BE ISSUED THEREON WITHOUT FURTHER NOTICE TO TENANT AND WITHOUT A HEARING, AND, PURSUANT TO SUCH WRITS, LANDLORD MAY CAUSE THE SHERIFF OF THE COUNTY IN WHICH ANY PROPERTY OF TENANT IS LOCATED TO SEIZE TENANT’S PROPERTY BY LEVY OR ATTACHMENT. IF THE JUDGMENT AGAINST TENANT REMAINS UNPAID AFTER SUCH LEVY OR ATTACHMENT, LANDLORD CAN CAUSE SUCH PROPERTY TO BE SOLD BY THE SHERIFF EXECUTING THE WRITS, OR, IF SUCH PROPERTY CONSISTS OF A DEBT OWED TO TENANT BY ANOTHER ENTITY, LANDLORD CAN CAUSE SUCH DEBT TO BE PAID DIRECTLY TO LANDLORD IN AN AMOUNT UP TO BUT NOT TO EXCEED THE AMOUNT OF THE JUDGMENT OBTAINED BY LANDLORD AGAINST TENANT, PLUS THE COSTS OF THE EXECUTION. 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 the Rent and other sums shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the Second Extension Term and during any extended or renewal term and after the expiration of any extended or renewal term of the Lease. (With Or Without Acceleration Of Maturity)b) When the Lease and the Term or any extension thereof have been terminated on account of any default by Tenant, Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00)or when the Term or any extension thereof has expired, Whichever Is The Larger Amount For The CollectionTenant hereby authorizes any attorney of any court of record of the Commonwealth of Pennsylvania to appear for Tenant and for anyone claiming by, Which Borrower And Lender Agree Is Reasonablethrough or under Tenant and to confess judgment against all such parties, Plus Costs Of Suitand in favor of Landlord, And To Release All Errorsin ejectment and for the recovery of possession of the Premises, And Waive All Rights Of Appealfor which the Lease or a true and correct copy of thereof shall be good and sufficient warrant. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunder.AFTER THE ENTRY OF ANY SUCH JUDGMENT A WRIT OF POSSESSION MAY BE

Appears in 1 contract

Samples: Lease Agreement (Cutanea Life Sciences Inc)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear Upon the occurrence of a default under this AGREEMENT, or any of the LOAN DOCUMENTS as modified by this AGREEMENT, the OBLIGORS irrevocably authorize and empower any attorney admitted to practice before any court of record in the United States to appear on behalf of the OBLIGORS in any such court, in one or more proceedings, before any court thereof, and to confess judgment against the OBLIGORS, jointly and severally, without prior notice or opportunity for prior hearing, in favor of the LENDER, for the full amount of the outstanding indebtedness owed under the LOAN DOCUMENTS, plus attorneys' fees equal to 10% of said sum, plus court costs. Solely with respect to the attorneys' fees provision, the LENDER agrees that, although the LENDER is entitled to a judgment herein which includes 10% of the outstanding balance owed under the LOAN DOCUMENTS for attorneys' fees, the LENDER shall only collect the actual attorneys' fees, costs and expenses, incurred by the LENDER in this matter. This does not effect the LENDER'S right to obtain a judgment for and collect all outstanding principal, interest and late charges owed under the LOAN DOCUMENTS. In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Dueaddition to all other courts, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturityjurisdictions or venues which would be proper, the OBLIGORS consent to the jurisdiction and venue of the courts of any county of the Commonwealth of Pennsylvania, or any of the United States District Courts for the Commonwealth of Pennsylvania for the entry of said judgment(s), Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00), Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All ErrorsOBLIGORS waive and release all errors, Waives All Stay Of Executiondefects, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Fulland imperfection whatsoever in the entering of said judgment(s) and hereby agree that no writ of error or objection or motion to rule to open or strike said judgment(s) or appeal shall be made or taken thereto. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which OBLIGORS waive the benefit of any and every statute, ordinance or rule of court which may be lawfully waived conferring upon the OBLIGORS any right or privilege of exemption including, but not limited to any homestead exemption, stay of execution or supplementary proceedings or other relief from the enforcement or immediate enforcement of the judgment or related proceedings on a judgment. The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunderauthority and power to appear for and enter judgment(s) against the OBLIGORS, pursuant to the authority granted herein shall not be exhausted by one or more exercises thereof, or by any imperfection or exercise thereof and shall not be extinguished by any judgment(s) entered pursuant thereto; such authority and power may be exercised on one or more occasions from time to time, in the same or different jurisdictions, as often as the LENDER may deem necessary or advisable.

Appears in 1 contract

Samples: Modification Agreement (Delias Corp)

Confession of Judgment. Borrower hereby authorizes any clerk of court or any attorney-at-law to appear for Borrower before any court, having jurisdiction, within the United States or elsewhere, and, after one or more complaints filed, confess judgment against Borrower as of any time after any of the Obligations are due (whether by demand, stated maturity, acceleration or otherwise) for the unpaid balance of the Obligations, including principal, interest, fees, court costs, late charges and expenses, together with attorneys' fees equal to fifteen percent (15%) of the amount of such Obligations, for collection and release of all errors, and without stay of execution, and inquisition and extension upon any levy on real estate is hereby waived and condemnation agreed to, and the exemption of personal property from levy and sale is also hereby expressly waived, and no benefit of exemption shall be claimed under any exemption law now in force or which may be hereafter adopted. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Dueforegoing authorities and powers to confess judgment shall not be exhausted by one or more exercises of any of them or by any imperfect exercise of any of them, Together With All Indebtedness Provided For Therein shall not be extinguished by any judgment entered because of any of them and may be exercised before, during or after sale, liquidation or other disposition by Bank of any property directly or indirectly securing any of the Obligations or exercise or enforcement by Bank of any other right or remedy of Bank with respect to the Obligations. Borrower agrees that any agreements of Borrower contained in this Agreement or any of the Other Agreements to pay any costs or expenses, including attorneys' fees and expenses, paid or incurred by Bank shall not be merged into, or otherwise impaired by, any such judgment by confession, but Bank shall not be entitled to recover on account of such costs or expenses any amount in excess of the greater of (With Or Without Acceleration Of Maturitya) such costs or expenses included in any judgments by confession (without duplication), Plus Attorneys’ Fees Of Ten Percent or (10%b) Of The Total Indebtedness Or Five Thousand Dollars such costs or expenses actually paid or incurred by Bank. Notwithstanding the foregoing, Bank agrees that to the extent Bank recovers an amount under this Subsection ($5,000.00)or under the confession of judgment provisions of the Notes) for application to the fees of its counsel which exceeds the actual attorney's fees incurred in connection therewith, Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunderfollowing the satisfaction of all other Obligations such excess amount shall be refunded to Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Creditrust Corp)

Confession of Judgment. 11.1 In addition to the recognition of the Award in accordance with section 10, the Parties agree that, at any time following the execution of this Agreement, Wacker may cause STRICTLY CONFIDENTIAL to be filed an Affidavit for Judgment by Confession in the form executed by SunEdison and attached to this Agreement as Appendix B, which shall provide for the entry of judgment for a debt to become due, as set forth in the amounts and due dates in sections 5.1 and 5.2 above, in favor of Wacker and against SunEdison. SunEdison specifically consents to the filing of the Affidavit for Judgment by Confession without further notice to, or opportunity to be heard by, SunEdison, and SunEdison waives any objection it has now or may have in the future relating to any action by Wacker to enforce the Judgment by Confession. After the entry of the Judgment by Confession, Wacker shall not enforce the entered Judgment by Confession if SunEdison fully transmits each and every amount specified in section 5.1 by the required due dates and in accordance with the terms set forth in section 5.1. 11.2 The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Affidavit for Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided For Therein by Confession may be filed in any state or federal court sitting in the State of New York (With Or Without Acceleration Of Maturitythe “Court”), Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00)and the Parties hereby submit to the jurisdiction of such Court for the purposes set forth in this Agreement. SunEdison irrevocably waives any objection which it may now or hereafter have to the filing of the Affidavit for Judgment by Confession in the Court, Whichever Is The Larger Amount For The Collectionincluding but not limited to any claim that the Court does not have jurisdiction, Which Borrower And Lender Agree Is Reasonableis not an appropriate venue or is an inconvenient forum. SunEdison shall not appeal the Judgment by Confession and shall not move to set aside, Plus Costs Of Suitalter, And To Release All Errorsor amend the Judgment by Confession. 11.3 SunEdison hereby irrevocably consents and waives all objections to the service of process in any suit, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errorsclaim, Waives All Stay Of Executionaction or proceeding in the Court by the service of all writs, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single Exercise Of The Foregoing Warrant And Power To Confess Judgment Will Be Deemed To Exhaust The Powerprocess, Whether Or Not Any Such Exercise Shall Be Held By Any Court To Be Invalidsummonses, 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 Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunderand execution of judgment in any such suit, claim, action or proceeding brought therein upon SunEdison’s Agent by overnight Federal Express mail, and irrevocably appoints SunEdison’s Agent as its true and lawful attorney-in-fact, in its name, place and stead to accept such service of any and all such writs, process, summonses, and execution of judgment, and agrees that the failure of SunEdison’s Agent to give notice of any such service of process to SunEdison shall not impair or affect the validity of such service or any judgment based thereon.

Appears in 1 contract

Samples: Settlement Agreement (Sunedison, Inc.)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any A. Concurrently with the execution of this Agreement, BIO-key will (i) execute a Confession of Judgment Statement and provide an Attorney-At-Law To Appear In Any Court Of Record And To Confess ’s Declaration in support of the Confession of Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then DueStatement in the forms attached collectively as Attachment “C” (the “Judgment Documents”) and (ii) deliver the Judgment Documents to the law offices of Myers, Together With All Indebtedness Provided For Therein Widders, Xxxxxx, Xxxxx & Xxxxxxxxx, LLP, 0000 Xxxxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxx 00000 (With Or Without Acceleration Of Maturitythe “Escrow Agent”), Plus Attorneys’ Fees Of Ten Percent to be held in escrow in accordance with this Agreement. Notwithstanding anything contained herein, neither Dataradio nor the Escrow Agent shall file or record the Judgment Documents in any manner until there occurs an Uncured Default and the procedures described in Section 5.B(i) below have been satisfied. B. The Escrow Agent shall release the Judgment Documents from escrow as follows: (10%i) Of The Total Indebtedness Or Five Thousand Dollars In the event that the Escrow Agent receives a written declaration under penalty of perjury by an authorized representative of Dataradio stating that an Uncured Default has occurred and attesting to the facts and circumstances surrounding the Event of Default and the Uncured Default, the Escrow Agent shall deliver the Judgment Documents to Dataradio. Dataradio may then file the Judgment Documents, which filing shall include the declaration described in the preceding sentence, and obtain, by ex parte application in any court of competent jurisdiction in the states of either California, Massachusetts, New Jersey or Minnesota, a judgment against BIO-key as set forth in the Judgment Documents, for the amount of the unpaid Balance, plus accrued and unpaid interest due thereon. Dataradio may record and enforce the judgment against BIO-key to the fullest extent allowed by law. ($5,000.00)ii) If no Uncured Default occurs, Whichever Is The Larger Amount For The Collectionupon Dataradio’s receipt of the entire unpaid Balance, Which Borrower And Lender Agree Is Reasonableplus accrued and unpaid interest thereon, Plus Costs Of Suitpursuant to this Agreement, And To Release All ErrorsDataradio shall, And Waive All Rights Of Appealwithin one (1) business day after receiving such final payment, deliver written notice to the Escrow Agent that such payment has been made. The Undersigned Expressly Releases All ErrorsWithin two (2) business days after receiving such notice, Waives All Stay Of Executionthe Escrow Agent shall deliver the Judgment Documents to BIO-key. C. Should the Judgment Documents be rejected by the Clerk of the Court in any of the states of California, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single Exercise Of The Foregoing Warrant And Power To Confess Massachusetts, New Jersey or Minnesota for any reason, or should the Courts in any of the states of California, Massachusetts, New Jersey or Minnesota decline to enter judgment in Dataradio’s favor on the Judgment Will Be Deemed To Exhaust The PowerDocuments, Whether Or Not Any Such Exercise Shall Be Held By Any then BIO-key will reasonably cooperate in providing Dataradio, or the Court To Be Invalidwith any and all different or additional documents as may prove necessary in order to have the Judgment entered, 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 Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunderconsistent with the purposes of this Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Bio Key International Inc)

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Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity), Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00), Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunder.. If Borrower is resident of Ohio:

Appears in 1 contract

Samples: Paycheck Protection Program Promissory Note (Emcore Corp)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Tenant herby agrees to the Confession of Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Dueprovision as set forth in Section 29 of the Lease, Together With All Indebtedness Provided For Therein restated as follows: (With Or Without Acceleration Of Maturitya) When this Lease and the Term or any extension thereof shall have been terminated on account of any default by Tenant, or when the Term or any extension thereof shall have expired after notice and failure to cure as provided in this Lease, Tenant hereby authorizes any attorney of any court of record of the Commonwealth of Pennsylvania to appear for Tenant and for anyone claiming by, through or under Tenant and to confess judgment against all such parties, and in favor of Landlord, in ejectment and for the recovery of possession of the Premises, for which this Lease or a true and correct copy hereof shall be good and sufficient warrant. If for any reason after such action shall have been commenced it shall be determined and possession of the Premises remain in or be restored to Tenant, Landlord shall have the right for the same default and upon any subsequent default(s) or upon the termination of this Lease or Tenant’s right of possession as herein set forth, to again confess judgment as herein provided, for which this Lease or a true and correct copy hereof shall be good and sufficient warrant. (b) If Tenant shall default in the payment of the Rent due hereunder, after notice and failure to cure as provided in this Lease, Tenant hereby authorizes any attorney of any court of record of the Commonwealth of Pennsylvania to appear for Tenant and to confess judgment against Tenant, and in favor of Landlord, for all sums due hereunder plus interest, costs and an attorney’s collection commission equal to the greater of 10% of all such sums of $1,000, for which this Lease or a true and correct copy hereof shall be good and sufficient warrant. TENANT UNDERSTANDS THAT THE FOREGOING PERMITS LANDLORD TO ENTER A JUDGMENT AGAINST TENANT WITHOUT PRIOR NOTICE OR HEARING. ONCE SUCH A JUDGMENT HAS BEEN ENTERED AGAINST TENANT, ONE OR MORE WRITS OF EXECTUION OR WRITS OF GARNISHMENT MAY BE ISSUED THEREON AFTER NOTICE TO TENANT AS PROVIDED BY LAW. PURSUANT TO SUCH WRITS, LANDLORD MAY CAUSE THE SHERIFF OF THE COUNTY IN WHICH ANY PROPERTY OF TENANT IS LOCATED TO SEIZE TENANT’S PROPERTY BY LEVY OR ATTACHMENT. IF THE JUDGMENT AGAINST TENANT REMAINS UNPAID AFTER SUCH LEVY OR ATTACHMENT, LANDLORD CAN CAUSE SUCH PROPERTY TO BE SOLD BY THE SHERIFF EXECUTING THE WRITS, OR, IF SUCH PROPERTY CONSISTS OF A DEBT OWED TO TENANT BY ANOTHER ENTITY, LANDLORD CAN CAUSE SUCH DEBT TO BE PAID DIRECTLY TO LANDLORD IN AN AMOUNT UP TO BUT NOT TO EXCEED THE AMOUNT OF THE JUDGMENT OBTAINED BY LANDLORD AGAINST TENANT, PLUS THE COSTS OF THE EXECUTION. 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 the said rent and other sums shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the initial term of this Lease and during any extended or renewal of this Lease and after the expiration of any extended or renewal term of this Lease. Notwithstanding the entry of judgment including a percentage attorney’s commission as stated above, if Tenant tenders payment in full of the principal indebtedness, interest, cost and all other amounts included in the judgment amount (other than the percentage attorney’s commission), Plus Attorneys’ Fees Of Ten Percent plus an amount equal to the actual attorney’s fees incurred by the Landlord in enforcing its rights under this lease, Landlord shall satisfy such judgment. (10%c) Of The Total Indebtedness Or Five Thousand Dollars warrants to confess judgment set forth above shall continue in full force and effect and be unaffected by amendments to this Lease or other agreements between Landlord and Tenant even if any such amendments or other agreements increase Tenant’s obligations or expand the size of the Premises. Tenant waives any procedural errors in connection with the entry of any such judgment or in the issuance of any one or more writs of possession or execution or garnishment thereon. ($5,000.00)d) PROVIDED THAT TENANT HAS RECEIVED NOTICE OF DEFAULT AND HAS FAILED TO CURE SAME AS PERMITTED INT HIS LEASE, Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment HereunderTENANT KNOWINGLY AND EXPRESSLY WAIVED THE RIGHT TO RECEIVE ANY FURTHER NOTICE TO QUIT UNDER THE PENNSYLVANIA LANDLORD TENANT ACT PRIOR TO LANDLORD COMMENCING AN ACTION FOR REPOSSESSION OF THE PREMISES.

Appears in 1 contract

Samples: Agreement of Lease (Synergetics Usa Inc)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity), Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00), Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunder.. 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 TOCOLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TOCOMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE If Borrower is resident of Virginia:

Appears in 1 contract

Samples: Paycheck Protection Program Promissory Note (Emcore Corp)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney(a) If an Event of Default occurs relating to Tenant's non-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Duepayment of the Rent due under the Lease, Together With All Indebtedness Provided For Therein Tenant hereby authorizes any attorney of any court of record of the Commonwealth of Pennsylvania to appear for Tenant and to confess judgment against Tenant, and in favor of Landlord, for all Rent due plus costs and an attorney's collection commission equal to the greater of 10% of all Rent or $1,000, for which the Lease or a true and correct copy of the Lease shall be good and sufficient warrant. TENANT UNDERSTANDS THAT THE FOREGOING PERMITS LANDLORD TO ENTER A JUDGMENT AGAINST TENANT WITHOUT PRIOR NOTICE OR HEARING. ONCE SUCH A JUDGMENT HAS BEEN ENTERED AGAINST TENANT, ONE OR MORE WRITS OF EXECUTION OR WRITS OF GARNISHMENT MAY BE ISSUED THEREON WITHOUT FURTHER NOTICE TO TENANT AND WITHOUT A HEARING, AND, PURSUANT TO SUCH WRITS, LANDLORD MAY CAUSE THE SHERIFF OF THE COUNTY IN WHICH ANY PROPERTY OF TENANT IS LOCATED TO SEIZE TENANT'S PROPERTY BY LEVY OR ATTACHMENT. IF THE JUDGMENT AGAINST TENANT REMAINS UNPAID AFTER SUCH LEVY OR ATTACHMENT, LANDLORD CAN CAUSE SUCH PROPERTY TO BE SOLD BY THE SHERIFF EXECUTING THE WRITS, OR, IF SUCH PROPERTY CONSISTS OF A DEBT OWED TO TENANT BY ANOTHER ENTITY, LANDLORD CAN CAUSE SUCH DEBT TO BE PAID DIRECTLY TO LANDLORD IN AN AMOUNT UP TO BUT NOT TO EXCEED THE AMOUNT OF THE JUDGMENT OBTAINED BY LANDLORD AGAINST TENANT, PLUS THE COSTS OF THE EXECUTION. 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 the Rent and other sums shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the Second Extension Term and during any extended or renewal term and after the expiration of any extended or renewal term of the Lease. (With Or Without Acceleration Of Maturity)b) When the Lease and the Second Extension Term or any extension thereof have been terminated on account of any default by Tenant, Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00)or when the Second Extension Term or any extension thereof has expired, Whichever Is The Larger Amount For The CollectionTenant hereby authorizes any attorney of any court of record of the Commonwealth of Pennsylvania to appear for Tenant and for anyone claiming by, Which Borrower And Lender Agree Is Reasonablethrough or under Tenant and to confess judgment against all such parties, Plus Costs Of Suitand in favor of Landlord, And To Release All Errorsin ejectment and for the recovery of possession of the New Premises, And Waive All Rights Of Appealfor which the Lease or a true and correct copy of thereof shall be good and sufficient warrant. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunder.AFTER THE ENTRY OF ANY SUCH JUDGMENT A WRIT OF POSSESSION MAY BE

Appears in 1 contract

Samples: Lease Agreement (Cutanea Life Sciences Inc)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then DueNETPLEX HEREBY IRREVOCABLY AUTHORIZES AND ---------------------- EMPOWERS ANY ATTORNEY OR THE CLERK OF ANYCOURT iN THE STATE OF NEW JERSEY, Together With All Indebtedness Provided For Therein OR ELSEWHERE, TO APPEAR AT ANY TIME FOR NETPLEX IN ANY ACTION BROUGHT AGAINST NETPLEX ON THE SETTLEMENT AGREEMENT AT THE SUIT OF DSA WITH OR WITHOUT DECLARATION FILED, AS OF ANY TERM, AND THEREIN TO CONFESS OR ENTER JUDGMENT AGAINST NETPLEX FOR THE ENTIRE UNPAID PRINCIPAL AND ALL OTHER SUMS PAYABLE BY NETPLEX TO DSA UNDER THE SETTLEMENT AGREEMENT, AND ALL ARREARAGES OF INTEREST THEREON, TOGETHER WITH COSTS OF SUIT AND ACTUAL COLLECTION FEES (With Or Without Acceleration Of Maturity)INCLUDING REASONABLE ATTORNEYS' FEES) AND FOR SO DOING, Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00), Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of AppealTHIS AUTHORITY TO CONFESS JUDGMENT OR A COPY HEREOF VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. NETPLEX ACKNOWLEDGES THAT IT HAS HAD THE ASSISTANCE OF LEGAL COUNSEL IN THE REVIEW AND EXECUTION OF THIS WARRANT AND FURTHER ACKNOWLEDGES THAT THE MEANING AND EFFECT OF THE FOREGOING PROVISIONS CONCERNING CONFESSION OF JUDGMENT HAVE BEEN FULLY EXPLAINED TO NETPLEX BY SUCH COUNSEL. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunderauthority granted herein to confess judgment shall not be exhausted by any exercise thereof but shall continue from time to time and at all times until payment in full of all the amounts due hereunder.

Appears in 1 contract

Samples: Settlement Agreement (Netplex Group Inc)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due1. THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF AUTHORITY FOR ANY ATTORNEY TO CONFESS JUDGMENT AGAINST THE BORROWER. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE BORROWER, Together With All Indebtedness Provided For Therein THE BORROWER, FOLLOWING CONSULTATION WITH (With Or Without Acceleration Of Maturity)OR DECISION NOT TO CONSULT) SEPARATE COUNSEL FOR THE BORROWER AND WITH KNOWLEDGE OF THE LEGAL EFFECT HEREOF, Plus Attorneys’ Fees Of Ten Percent HEREBY KNOWINGLY, INTENTIONALLY, VOLUNTARILY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE BORROWER HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES OF AMERICA, THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE. IT IS SPECIFICALLY ACKNOWLEDGED BY THE BORROWER THAT THE BANK HAS RELIED ON THIS WARRANT OF ATTORNEY IN RECEIVING THIS NOTE AND AS AN INDUCEMENT TO GRANT FINANCIAL ACCOMMODATIONS TO THE BORROWER. 2. Upon and following the occurrence of an Event of Default, the Borrower hereby jointly and severally authorizes and empowers any attorney of any court of record or the prothonotary or clerk of any county in the Commonwealth of Pennsylvania, or in any jurisdiction where permitted by law or the clerk of any United States District Court, to appear for the Borrower in any and all actions which may be brought hereunder and enter and confess judgment against the Borrower or any of them in favor of the Bank for such sums as are due or may become due hereunder or under any other Loan Document, together with costs of suit and actual collection costs including, without limitation, reasonable attorneys' fees equal to five percent (105%) Of The Total Indebtedness Or Five Thousand Dollars (of the Liabilities then due and owing but in no event less than $5,000.00)5000, Whichever Is The Larger Amount For The Collectionwith or without declaration, Which without prior notice, without stay of execution and with release of all procedural errors and the right to issue executions forthwith. To the extent permitted by law, the Borrower And Lender Agree Is Reasonablewaives the right of inquisition on any real estate levied on, Plus Costs Of Suitvoluntarily condemns the same, And To Release All Errorsauthorizes the prothonotary or clerk to enter upon the writ of execution this voluntary condemnation and agrees that such real estate may be sold on a writ of execution; and also waives any relief from any appraisement, And Waive All Rights Of Appealstay or exemption law of any state now in force or hereafter enacted. If a copy of this Note verified by affidavit of any officer of the Bank shall have been filed in such action, it shall not be necessary to file the original thereof as a warrant of attorney, any practice or usage to the contrary notwithstanding. The Undersigned Expressly Releases All Errorsauthority herein granted to confess judgment shall not be exhausted by any single exercise thereof, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Fullbut shall continue and may be exercised from time to time as often as the Bank shall find it necessary and desirable and at all times until full payment of all amounts due hereunder and under the other Loan Documents. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment HereunderBank may confess one or more judgments in the same or different jurisdictions for all or any part of the Borrower's obligations arising hereunder or under any other Loan Document to which the Borrower is a party, without regard to whether judgment has theretofore been confessed on more than one occasion for the same obligations. In the event that any judgment confessed against the Borrower is stricken or opened upon application by or on behalf of the Borrower or any Obligor for any reason, the Bank is hereby authorized and empowered to again appear for and confess judgment against the Borrower for any part or all of the obligations due and owing under this Note, as herein provided.

Appears in 1 contract

Samples: Revolving Credit Note (Leak X Environmental Corporation)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then DueUpon the occurrence of an EVENT OF DEFAULT under this AGREEMENT or a default or EVENT OF DEFAULT under any other LOAN DOCUMENT as modified by this AGREEMENT, Together With All Indebtedness Provided For Therein the OBLIGORS irrevocably authorize and empower any attorney admitted to practice before any court of record in the United States to appear on behalf of any or all of the OBLIGORS in any such court, in one or more proceedings, or before any clerk thereof, and to confess judgment against any or all of the OBLIGORS, without prior notice or opportunity for prior hearing, in favor of the BANK, for the full amount then owed to the BANK under the LOAN DOCUMENTS, plus an attorneys' fee equal to fifteen percent (With Or Without Acceleration Of Maturity), Plus Attorneys’ Fees Of Ten Percent (1015%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00of said amounts, plus court costs. In addition to all other courts where jurisdiction and venue would be proper, the OBLIGORS consent to the jurisdiction and venue of the courts of any county of the State of Maryland, or Baltimore City, Maryland, or the United States District Court for the District of Maryland for the entry of said judgment(s), Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All ErrorsOBLIGORS waive and release all errors, Waives All Stay Of Executiondefects, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Fulland imperfections whatsoever in the entry of said judgment(s) and hereby agree that no writ of error or objection or motion or rule to open or strike said judgment(s) or appeal shall be made or taken thereto. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which OBLIGORS also waive any right to notice or a hearing prior to the entry of said judgments and further waive the benefit of any and every statute, ordinance, or rule of court which may be lawfully waived conferring upon the OBLIGORS any right or privilege of exemption including, but not limited to, any homestead exemption, stay of execution, or supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment. The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunderauthority and power to appear for and enter judgment(s) against the OBLIGORS pursuant to the authority granted herein shall not be exhausted by one or more exercises thereof, or by any imperfect exercise thereof, and shall not be extinguished by any judgment(s) entered pursuant thereto; such authority and power may be exercised on one or more occasions from time to time, in the same or different jurisdictions, as often as the BANK may deem necessary or advisable.

Appears in 1 contract

Samples: Forbearance Agreement (Plangraphics Inc)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any THE FOLLOWING PARAGRAPHS SET FORTH WARRANTS OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENTS AGAINST TENANT OR TO SIGN AND FILE AN ANSWER ON TENANT’S BEHALF FOR POSSESSION OF THE PREMISES. IN GRANTING THESE WARRANTS OF ATTORNEY TO CONFESS JUDGMENTS AGAINST TENANT AND TO SIGN AND FILE AN ANSWER ON TENANT’S BEHALF, TENANT HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND, ON THE ADVICE OF THE SEPARATE COUNSEL OF TENANT, UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS TENANT HAS OR MAY HAVE WITH RESPECT TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. (i) Intentionally Deleted. (ii) Upon the occurrence of an Event of Default, or upon the termination of this Lease, the original term hereof or any renewal or extension thereof on account of any default by Tenant hereunder, or upon the expiration of the original term of this Lease or any renewal or extension thereof, it shall be lawful for any Prothonotary or attorney of any court of record to appear for Tenant, as well as for all parties claiming by, through or under Tenant, and to (i) confess judgment against Tenant for recovery of possession of the Premises, and/or (ii) sign and file for Tenant an answer in response to any action instituted by Landlord against Tenant in any competent Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Duefor the recovery of possession of the Premises, Together With All Indebtedness Provided For Therein wherein Tenant admits all allegations set forth in such action (With Or Without Acceleration Of Maturityfor either of which this Lease or a true and correct copy thereof shall be a sufficient warrant); whereupon, Plus Attorneys’ Fees Of Ten Percent (10%if Landlord so desires, a writ of possession may issue forthwith, without any prior writ or proceedings whatsoever. If for any reason after judgment has been confessed or an answer signed and filed as provided above, the same shall be determined and the possession of the Premises remain in or be restored to Tenant, Landlord shall have the right upon any subsequent Event(s) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00)of Default, Whichever Is The Larger Amount For The Collectionor upon the termination or expiration of this Lease or Tenant’s right of possession as herein set forth, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enactedto proceed against Tenant in the manner herein set forth to recover possession of the premises. No Single Exercise Of such determination or recovery of possession of Premises] shall deprive Landlord of any remedies or action against Tenant for damages due or to become due for Tenant’s breach of this Lease nor shall the resort to any other remedy provided for the recovery of damages for such breach be construed as a waiver of Landlord’s right to obtain possession of the Premises in the manner herein provided. (iii) In any action instituted by Landlord pursuant to subparagraph (ii) above, Landlord shall first cause to be filed in such action an affidavit made by it or some person acting for it setting forth the facts necessary to authorize the entry of judgment, of which facts such affidavit shall be conclusive evidence, and, if a true copy of the Lease is filed in such action, it shall not be necessary to file the original as a warrant of attorney, any rule of court, custom or practice to the contrary notwithstanding. (iv) The Foregoing Warrant And Power To Confess Judgment Will Be Deemed To Exhaust The Powerright to enter judgment against Tenant by confession, Whether Or Not Any Such Exercise Shall Be Held By Any Court To Be Invalidsign and file an answer for Tenant and to enforce all of the other provisions of the Lease, 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 Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereundermay be exercised by any assignee of Landlord’s right, title and interest in this Lease in said assignee’s name, any statute, rule of court, custom or practice to the contrary notwithstanding.

Appears in 1 contract

Samples: Lease Agreement (Discovery Laboratories Inc /De/)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then DueGuarantor authorizes any attorney of record to appear for it in any court of record in the State of Ohio, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity)after an Obligation becomes due and payable whether by its terms or upon default, Plus Attorneyswaive the issuance and service of process, and release all errors, and confess a judgment against it in favor of the holder of such Obligation, for the principal amount of such Obligation plus interest thereon, together with court costs and attorneysFees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00)fees. Stay of execution and all exemptions are hereby waived. If an Obligation is referred to an attorney for collection, Whichever Is The Larger Amount For The Collectionand the payment is obtained without the entry of a judgment, Which Borrower And Lender Agree Is Reasonablethe obligors shall pay to the holder of such obligation its attorneys’ fees. GUARANTOR AGREES THAT AN ATTORNEY WHO IS COUNSEL TO BENEFICIARY OR ANY OTHER HOLDER OF SUCH OBLIGATION MAY ALSO ACT AS ATTORNEY OF RECORD FOR GUARANTOR WHEN TAKING THE ACTIONS DESCRIBED ABOVE IN THIS PARAGRAPH. GUARANTOR AGREES THAT ANY ATTORNEY TAKING SUCH ACTIONS MAY BE PAID FOR THOSE SERVICES BY BENEFICIARY OR THE HOLDER OF SUCH OBLIGATION. GUARANTOR WAIVES ANY CONFLICT OF INTEREST THAT MAY BE CREATED BECAUSE THE ATTORNEY WHO ACTS FOR GUARANTOR PURSUANT TO THIS PARAGRAPH IS ALSO REPRESENTING BENEFICIARY OR THE HOLDER OF SUCH OBLIGATION, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment HereunderOR BECAUSE SUCH ATTORNEY IS BEING PAID BY BENEFICIARY OR THE HOLDER OF SUCH OBLIGATION.

Appears in 1 contract

Samples: Continuing Guaranty Agreement (Streamline Health Solutions Inc.)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any (a) Upon the occurrence of an Event of Default, the Borrower hereby authorizes any attorney designated by the Lender or any clerk of any court of record, or the below designated attorney-in-fact or any successor named therefor to appear for the Borrower, or any of them, in any court of record and confess judgment against the Borrower, or any of them, without prior hearing, in favor of the Lender for, and in the amount of, the balance then due under the Note, all accrued and unpaid interest thereon, all other amounts payable by the Borrower to the Lender under the terms of this Note, costs of suit, and attorneys’ fees of twenty-five percent (25%) [of the principal amount of this Note]; provided however, that the Lender may not recover and collect from the Borrower attorneys’ fees in excess of its actual and reasonable attorneys’ fees finally incurred in acquiring judgment and collecting all sums due under this Note. (b) In the event that such judgment is to be confessed in the Commonwealth of Virginia, the Borrower, pursuant to Section 8.01-435 of the Code of Virginia, as amended, hereby irrevocably makes, constitutes, appoints and designates (and if the Borrower is an entity other than a natural person(s), hereby certifies that a duly authorized resolution is in effect making, constituting and appointing) V. Xxxx Xxxxxxxxx of Fairfax, Virginia, and/or Xxxxxxxx X. Xxxxxxxx of Fauquier, Virginia, either of whom may individually act, as its duly constituted agent and attorney-in-fact (hereinafter referred to as the “Attorney-AtIn-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of MaturityFact”), Plus Attorneys’ Fees Of Ten Percent which appointment shall be deemed to be coupled with an interest and shall not terminate upon the disability, insolvency or dissolution of the Borrower, to confess judgment against the Borrower (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00including all costs and reasonable attorney fees as set forth above), Whichever Is The Larger Amount For The Collectionpursuant to the provisions hereof and the applicable provisions of the Code of Virginia, Which Borrower And Lender Agree Is Reasonableas amended, Plus Costs Of Suitwhich judgment shall be confessed in the Clerk’s Office of the Circuit Court of Fairfax County, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment HereunderVirginia.

Appears in 1 contract

Samples: Stock Purchase Agreement (Alliance Bankshares Corp)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity), Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00), Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives Xxxxxx Xxxxxx And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunder.

Appears in 1 contract

Samples: Paycheck Protection Program Promissory Note and Agreement (HealthLynked Corp)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law a. THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF AUTHORITY FOR ANY ATTORNEY TO CONFESS JUDGMENT AGAINST THE BORROWER. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE BORROWER, THE BORROWER, FOLLOWING CONSULTATION WITH (OR DECISION NOT TO CONSULT) SEPARATE COUNSEL FOR THE BORROWER AND WITH KNOWLEDGE OF THE LEGAL EFFECT HEREOF, HEREBY KNOWINGLY, INTENTIONALLY, VOLUNTARILY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE BORROWER HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES OF AMERICA, THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE. IT IS SPECIFICALLY ACKNOWLEDGED BY THE BORROWER THAT THE BANK HAS RELIED ON THIS WARRANT OF ATTORNEY IN RECEIVING THIS AGREEMENT AND AS AN INDUCEMENT TO GRANT FINANCIAL ACCOMMODATIONS CONTAINED HEREIN. b. Upon and following the occurrence of an Event of Default, the Borrower hereby jointly and severally authorizes and empowers any attorney of any court of record or the prothonotary or clerk of any county in the Commonwealth of Pennsylvania, or in any jurisdiction where permitted by law or the clerk of any United States District Court, to appear for the Borrower or any of them in any and all actions which may be brought hereunder and enter and confess judgment against the Borrower or any of them in favor of the Bank for such sums as are due or may become due hereunder or under any other Loan Document, together with costs of suit and actual collection costs including, without limitation, reasonable attorneys' fees, with or without declaration, without prior notice, without stay of execution and with release of all procedural errors and the right to issue executions forthwith. To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Duethe extent permitted by law, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity)the Borrower waives the right of inquisition on any real estate levied on, Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00)voluntarily condemns the same, Whichever Is The Larger Amount For The Collectionauthorizes the prothonotary or clerk to enter upon the writ of execution this voluntary condemnation and agrees that such real estate may be sold on a writ of execution; and also waives any relief from any appraisement, Which Borrower And Lender Agree Is Reasonablestay or exemption law of any state now in force or hereafter enacted. If a copy of this Agreement verified by affidavit of any officer of the Bank shall have been filed in such action, Plus Costs Of Suitit shall not be necessary to file the original thereof as a warrant of attorney, And To Release All Errors, And Waive All Rights Of Appealany practice or usage to the contrary notwithstanding. The Undersigned Expressly Releases All Errorsauthority herein granted to confess judgment shall not be exhausted by any single exercise thereof, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Fullbut shall continue and may be exercised from time to time as often as the Bank shall find it necessary and desirable and at all times until full payment of all amounts due hereunder and under the other Loan Documents. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment HereunderBank may confess one or more judgments in the same or different jurisdictions for all or any part of the obligations arising hereunder or under any other Loan Document, without regard to whether judgment has theretofore been confessed on more than one occasion for the same obligations. In the event that any judgment confessed against the Borrower is stricken or opened upon application by or on behalf of the Borrower or any Obligor for any reason, the Bank is hereby authorized and empowered to again appear for and confess judgment against the Borrower for any part or all of the obligations due and owing under this Agreement, as herein provided.

Appears in 1 contract

Samples: Term Loan Agreement (Eastern Environmental Services Inc)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any (a) Upon the occurrence of an Event of Default, the Borrower hereby authorizes any attorney designated by the Lender or any clerk of any court of record, or the below designated attorney-in-fact or any successor named therefor to appear for the Borrower, or any of them, in any court of record and confess judgment against the Borrower, or any of them, without prior hearing, in favor of the Lender for, and in the amount of, the balance then due under the Note, all accrued and unpaid interest thereon, all other amounts payable by the Borrower to the Lender under the terms of this Note, costs of suit, and attorneys’ fees of twenty-five percent (25%) [of the principal amount of this Note]; provided however, that the Lender may not recover and collect from the Borrower attorneys’ fees in excess of its actual and reasonable attorneys’ fees finally incurred in acquiring judgment and collecting all sums due under this Note. (b) In the event that such judgment is to be confessed in the Commonwealth of Virginia, the Borrower, pursuant to Section 8.01-435 of the Code of Virginia, as amended, hereby irrevocably makes, constitutes, appoints and designates (and if the Borrower is an entity other than a natural person(s), hereby certifies that a duly authorized resolution is in effect making, constituting and appointing) V. Xxxx Xxxxxxxxx of Fairfax, Virginia, and/or Xxxxxxxx X. Xxxxxxxx of Fauquier, Virginia, either of whom may individually act, as its duly constituted agent and attorney-in-fact (hereinafter referred to as the “Attorney-AtIn-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of MaturityFact”), Plus Attorneys’ Fees Of Ten Percent which appointment shall be deemed to be coupled with an interest and shall not terminate upon the disability, insolvency or dissolution of the Borrower, to confess judgment against the Borrower (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00including all costs and reasonable attorney fees as set forth above), Whichever Is The Larger Amount For The Collectionpursuant to the provisions hereof and the applicable provisions of the Code of Virginia, Which as amended, which judgment shall be confessed in the Clerk’s Office of the Circuit Court of Fairfax County, Virginia. (c) In addition to the foregoing and in the event the above referenced Attorney-In-Fact is unable to act, refuses to act or is disqualified from acting, the Borrower And hereby irrevocably makes, constitutes, appoints and designates (and if the Borrower is an entity other than a natural person(s), hereby certifies that a duly authorized resolution is in effect making, constituting and appointing) the Lender, as the Borrower’s duly appointed agent and Attorney-In-Fact, with full right,power, privilege and authority to act on behalf of the Borrower, which power may be used from time to time by the Lender Agree Is Reasonableto designate such additional, Plus Costs Of Suitsubstitute or alternate person(s) who may act as additional or substitute Attorney-in-Fact (the “Substitute Attorney-In-Fact”) or to designate such additional courts in Virginia or in other states, And To Release All Errors, And Waive All Rights Of Appealterritories or jurisdictions in which by law judgment may be confessed against the Borrower. The Undersigned Expressly Releases All ErrorsSubstitute Attorney-in-Fact shall have full power to confess judgment against the Borrower in accordance with the terms hereof, Waives All Stay Of Executionwhich designation shall be binding on the Borrower as if the said Substitute Attorney-In-Fact was originally designated herein by the Borrower. This power of attorney and appointment of the Substitute Attorney-In-Fact is irrevocable and coupled with an interest, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereonand shall not terminate upon the disability, insolvency or dissolution of the Borrower. (d) The authority and power to appear for and enter judgment against the Borrower shall not be exhausted by one or more exercises thereof or by any imperfect exercise thereof and shall not be extinguished by any judgment entered pursuant thereto. Such authority may be exercised on one or more occasions or from time to time in the same or different jurisdictions as often as the Lender shall deem necessary or desirable, for all of which this Note shall be a sufficient warrant; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single Exercise Of The Foregoing Warrant And Power To Confess Judgment Will Be Deemed To Exhaust The Powerprovided that such multiple actions shall not, Whether Or Not Any Such Exercise Shall Be Held By Any Court To Be Invalidin the aggregate, 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 Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunderresult in any judgment for an amount in excess of the full amount due by the Borrower hereunder.

Appears in 1 contract

Samples: Stock Purchase Agreement (Alliance Bankshares Corp)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Borrower hereby irrevocably authorizes and empowers any attorney or attorneys or the Prothonotary or Clerk of Courts of record in the Commonwealth of Pennsylvania or in any other jurisdiction which permits the entry of judgment by confession, to appear for Borrower in such Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This in an appropriate action there brought or to be brought against Borrower, at the suit of Lender on this Note, with or without complaint or declaration filed as of any term or time, and therein to CONFESS OR ENTER JUDGMENT against Borrower for all sums due by Borrower to Lender under this Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided For Therein and the loan documents (With Or Without Acceleration Of Maturitywith or without acceleration of maturity), Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00)including all costs, Whichever Is The Larger Amount attorneys' fees and attorneys' commission. For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appealso doing this Note or a copy hereof verified by affidavit shall be sufficient warrant. The Undersigned Expressly Releases All Errorsauthority to confess judgment granted herein shall not be exhausted by any exercise thereof but may be exercised from time to time and at any time as of any term and or any amount authorized herein. Borrower expressly authorizes the entry of repeated judgment under this paragraph notwithstanding any prior entry of judgments in the same or any other Court for the same obligation or any part thereof. BORROWER ACKNOWLEDGES THAT THE FULL LEGAL SIGNIFICANCE OF THE CONFESSION OF JUDGMENT CLAUSE CONTAINED ABOVE HAS BEEN CAREFULLY EXAMINED BY BORROWER, Waives All Stay Of ExecutionAND BORROWER DOES HEREBY ACKNOWLEDGE THAT BORROWER HAS SIGNED THIS NOTE KNOWINGLY, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be EnactedVOLUNTARILY, AND UNDERSTANDINGLY, AND WITH KNOWLEDGE THAT, LENDER MAY CAUSE JUDGMENT TO BE CONFESSED AGAINST BORROWER WITH OR WITHOUT DEFAULT, AND UPON ANY DEFAULT IN THE OBLIGATIONS OF BORROWER, MAY CAUSE EXECUTION TO ISSUE AND AS THE RESULT, THERE MAY BE A JUDICIAL SALE OF REAL, PERSONAL OR MIXED PROPERTY BELONGING TO BORROWER OR WRN PROPERTIES, INC. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment HereunderBORROWER HAS ACCESS TO LEGAL COUNSEL AND WAIVES ANY RIGHTS TO HAVE A MORE DETAILED EXPLANATION OF BORROWER'S LEGAL RIGHTS UNDER THIS NOTE AND OF THE EFFECT OF THE CONFESSION OF JUDGEMENT CLAUSE.

Appears in 1 contract

Samples: Mortgage Agreement (Eastern Environmental Services Inc)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney40 Schedule A - Leasehold Interest Schedule B - Permitted Encumbrances MORTGAGE, LEASEHOLD * UNITED STATES OF MORTGAGE, ASSIGNMENT OF LEASES AMERICA AND RENTS, FIXTURE FILING, * SECURITY AGREEMENT AND FINANCING STATEMENT * STATE OF NEW YORK BY * LOUISIANA CASINO CRUISES, * COUNTY OF NEW YORK INC. TO * U.S. BANK TRUST NATIONAL * ASSOCIATION, * AS TRUSTEE * * * * * * * * * * * * * * * * * * * * BE IT KNOWN, that as of this __th day of November, 1998, before me the undersigned Notary Public duly commissioned and qualified, personally came and appeared: LOUISIANA CASINO CRUISES, INC., a Louisiana corporation (Federal Taxpayer Identification No. 00-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity0000000), Plus Attorneys’ Fees Of Ten Percent appearing through its undersigned officer duly authorized hereunto by virtue of a resolution of the Board of Directors thereof, a certified copy of which is attached hereto as Schedule C, which has a mailing address of 0000 Xxxxx Xxxx Xxxxx, Xxxxx Xxxxx, Xxxxxxxxx 00000 (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00"GRANTOR"), Whichever Is The Larger Amount For The Collectionwho declared that Grantor does by these presents declare and acknowledge an indebtedness unto: U.S. BANK TRUST NATIONAL ASSOCIATION, Which Borrower And Lender Agree Is Reasonablea national banking association (Federal Taxpayer Identification No. 00-0000000), Plus Costs Of Suitas trustee for the Holders under an Indenture, And To Release All Errorsdated as of November __, And Waive All Rights Of Appeal1998 (such Indenture, as amended or otherwise modified from time to time, the "INDENTURE"), between Grantor and Trustee, appearing herein through its undersigned officer duly authorized hereunto, which has a mailing address of 000 Xxxx 0xx Xxxxxx, Xx. The Undersigned Expressly Releases All ErrorsXxxx, Waives All Stay Of ExecutionMinnesota 55101, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution HereonAttention: Corporate Trust Administration. ("MORTGAGEE"), here present who accepts this Mortgage, Leasehold Mortgage, Assignment of Leases and Rents, Fixture Filing, Security Agreement and Financing Statement (this "SHORE MORTGAGE"; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereundercapitalized terms not otherwise defined in this Shore Mortgage shall have the meanings set forth for such terms in the Indenture).

Appears in 1 contract

Samples: Mortgage, Leasehold Mortgage, Assignment of Rents, Fixture Filing, Security Agreement and Financing Statement (Louisiana Casino Cruises Inc)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due(1) Developer agrees that in the event of any default under the terms of this Agreement, Together With All Indebtedness Provided For Therein Township may cause judgment to be entered against Developer, and for that purpose DEVELOPER AUTHORIZES AND EMPOWERS THE TOWNSHIP OR ANY PROTHONOTARY, CLERK OF COURT OR ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR AND CONFESS ONE OR MORE JUDGMENTS AGAINST DEVELOPER AND AGREES THAT TOWNSHIP MAY COMMENCE AN ACTION PURSUANT TO THE PENNSYLVANIA RULES OF CIVIL PROCEDURE FOR THE RECOVERY FROM DEVELOPER OF ALL DAMAGES, COSTS, AND EXPENSES PROVIDED FOR HEREIN, AS WELL AS FOR INTEREST AND COSTS AND ATTORNEYS' FEES, FOR WHICH AUTHORIZATION TO CONFESS JUDGMENT THIS AGREEMENT, OR A TRUE AND CORRECT COPY THEREOF, SHALL BE SUFFICIENT WARRANT. SUCH JUDGMENT MAY BE CONFESSED AGAINST DEVELOPER FOR THE AMOUNT OF DAMAGES, COSTS, AND EXPENSES PROVIDED HEREIN, AS WELL AS FOR INTEREST, COSTS, AND AN ATTORNEYS' COMMISSION IN THE AMOUNT OF FIFTEEN (With Or Without Acceleration Of Maturity), Plus Attorneys’ Fees Of Ten Percent (1015%) Of The Total Indebtedness Or Five Thousand Dollars PERCENT OF THE FULL AMOUNT OF THE TOWNSHIP'S CLAIM AGAINST DEVELOPER. Notwithstanding the foregoing attorneys’ commission, which is included for the purpose of establishing a sum certain in the event of confession of judgment, the attorneys’ fees recoverable by the Township shall not exceed the actual fees incurred by the Township. Neither the right to institute an action pursuant to said Pennsylvania Rules of Civil Procedure nor the authority to confess judgment granted herein shall be exhausted by one or more exercises thereof, but successive complaints may be filed and successive judgments may be entered for the aforesaid damages as they are incurred under the provisions of this Agreement. ($5,000.00)2) In any proceeding or action to enter judgment by confession for money pursuant to the above paragraph, Whichever Is The Larger Amount For The Collectionif the Township shall first cause to be filed in such action an affidavit or averment of the facts constituting the default, Which Borrower And Lender Agree Is Reasonablethe occurrence of the condition precedent or the event, Plus Costs Of Suitthe happening of which default, And To Release All Errorsoccurrence or event authorizes and empowers the Township to cause the entry of judgment by confession, And Waive All Rights Of Appealsuch affidavit or averment shall be conclusive evidence of such facts, defaults, occurrences, conditions precedent or events, and if a true copy of this Agreement be filed in such procedure or action, it shall not be necessary to file the original as a warrant of attorney, any rule of court, custom or practice to the contrary notwithstanding. (3) Developer hereby releases the Township and any and all attorneys who may appear for the Township from all errors in any procedure or action to enter judgment by confession by virtue of the warrant of attorney contained in this Agreement, and all liability therefor. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment HereunderDeveloper further authorizes the prothonotary or any clerk of any court of record to issue a writ of execution or other process and further agrees that real estate may be sold on a writ of execution or other process.

Appears in 1 contract

Samples: Land Development Agreement

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any AttorneyBorrowers hereby irrevocably authorize any attorney-Atat-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This law to appear in any court of record in or of the Commonwealth of Pennsylvania, or in any other state or territory of the United States, at any time after the indebtedness evidenced by this Revolving Credit Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Duebecomes due, Together With All Indebtedness Provided For Therein whether by acceleration or otherwise, to waive the issuing and service of process and to confess a judgment against the undersigned in favor of the Administrative Agent, the Revolving Credit Banks, and/or any assignee or holder hereof for the amount of principal and interest and expenses then appearing due from the undersigned under this Revolving Credit Note and the Credit Agreement, together with costs of suit and thereupon to release all errors and waive all right of appeal or stays of execution in any court of record. No such judgment or judgments against less than all of the undersigned will be a bar to any subsequent judgment or judgments against any one or more of the undersigned against whom judgment has not been obtained hereon, this being a joint and several warrant of attorney to confess judgment. 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. KRUG XXXERNATIONAL CORP. By: ------------------------------ Print Name: ---------------------- Title: --------------------------- 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. TECHNOLOGY/SCIENTIFIC SERVICES, INC. By: ------------------------------ Print Name: ---------------------- Title: --------------------------- 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. KRUG XXXE SCIENCES INC. By: ------------------------------ Print Name: ---------------------- Title: --------------------------- KRUG XXXPERTIES INC., an Ohio corporation with its principal place of business at 6 Gex Xxxxx, Xxxxx 000, Xxxxxx, Xxxx 00000-0000 (With Or Without Acceleration Of Maturityxxe "Debtor"), Plus Attorneys’ Fees Of Ten Percent for valuable consideration, receipt of which hereby is acknowledged, hereby transfers, assigns and pledges to CORESTATES BANK, N.A., A NATIONAL BANKING ASSOCIATION WHICH ALSO CONDUCTS BUSINESS AS PHILADELPHIA NATIONAL BANK AND AS CORESTATES FIRST PENNSYLVANIA BANK, with its principal place of business at Broad and Chesxxxx Xxxxxxx, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000, xx Administrative Agent (10%the "Administrative Agent") Of for the Lenders under the Credit Agreement of even date herewith between and among KRUG Xxxernational Corp., Technology/Scientific Services, Inc., KRUG Xxxe Sciences, Inc., Society Bank, National Association, The Total Indebtedness Or Five Thousand Dollars Central Trust Company, N.A., Comerica Bank, CoreStates Bank, N.A., a national banking association which also conducts business as Philadelphia National Bank and as CoreStates First Pennsylvania Bank, and Security Pacific National Bank, ($5,000.00which Credit Agreement as amended from time to time is referred to hereinafter as the "Credit Agreement"), Whichever Is The Larger Amount For The Collectionand grants to the Administrative Agent a security interest in, Which Borrower And Lender Agree Is Reasonablethe following collateral, Plus Costs Of Suitwherever located, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunder.now existing and hereafter arising or coming into existence (the "Collateral"):

Appears in 1 contract

Samples: Credit Agreement (Krug International Corp)

Confession of Judgment. APPLICANT AUTHORIZES AND EMPOWERS THE PROTHONOTARY OR ANY ATTORNEY OF ANY COURT OF RECORD WITHIN THE UNITED STATES, UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT UNDER THIS AGREEMENT, TO APPEAR FOR AND CONFESS JUDGMENT AGAINST APPLICANT IN FAVOR OF XXXXXX'X, INC. FOR ALL INDEBTEDNESS OWED WHETHER BY ACCELERATION OR OTHERWISE INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS OF SUIT, WITH OR WITH OUT DECLARATION, WITH RELEASE OF ALL ERRORS, AND WITHOUT STAY OF EXECUTION. THE AUTHORITY AND POWER TO APPEAR FOR AND ENTER JUDGMENT AGAINST THE APPLICANT WILL NOT BE EXHAUSTED BY ANY SINGLE EXERCISE OF THE AUTHORIZED POWER, AND THE SAME MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS XXXXXX'X DEEMS NECESSARY OR DESIRABLE; AND THIS INSTRUMENT WILL BE A SUFFICIENT WARRANT. ________ Initials Applicant acknowledges and agrees that: the preceding paragraph contains a warrant of attorney to confess judgment which means that Xxxxxx’x can enter judgment against Applicant for all amounts owed without prior notice; the judgment will immediately create a lien on any real estate that Applicant owns in the county in which judgment is entered; any credit being extended by Xxxxxx’x under this Agreement is for commercial purposes and not for consumer or household purposes; Applicant has more than $10,000 annual income; Applicant has read and understands the warrant of attorney and has knowingly, freely, and voluntarily waived its rights and executed this Agreement. Full Legal Business or Corporate Name of Applicant ____________________________________________ ______________________________________________ Owner or Authorized Agent Signature Print Name & Title Date The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Dueundersigned is executing this Authorization for Credit Report individually for the purposes of authorizing Xxxxxx'x to obtain a consumer credit report from time to time on the undersigned individual through credit and consumer reporting agencies or other sources, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity), Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00), Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appealin order to further evaluate the creditworthiness of such individual in connection with the credit evaluation process and the proposed extension of business credit to the Applicant. The Undersigned Expressly Releases All Errorsundersigned, Waives All Stay Of Executionas an individual, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enactedhereby knowingly consents to the use of such credit report in accordance with the federal Fair Credit Reporting Act as contained in 15 U.S.C. §1681 et seq., as amended from time to time. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunder.Individual Name & Title Signature Date

Appears in 1 contract

Samples: Customer Account Application and Credit Agreement

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear WHEN THIS LEASE OR SUBTENANT'S RIGHT OF POSSESSION SHALL BE TERMINATED BY COVENANT OR CONDITION BROKEN, OR FOR ANY OTHER REASON, EITHER DURING THE TERM OF THIS SUBLEASE OR ANY RENEWAL OR EXTENSION THEREOF, AND ALSO WHEN AND AS SOON AS THE TERM HEREBY CREATED OR ANY EXTENSION THEREOF SHALL HAVE EXPIRED, IT SHALL BE LAWFUL FOR ANY ATTORNEY AS ATTORNEY FOR SUBTENANT TO FILE AN AGREEMENT FOR ENTERING IN ANY COMPETENT COURT AN ACTION TO CONFESS JUDGMENT IN EJECTMENT AGAINST SUBTENANT AND ALL PERSONS CLAIMING UNDER SUBTENANT, WHEREUPON, IF SUBLANDLORD SO DESIRES, A WRIT OF EXECUTION OR OF POSSESSION MAY ISSUE FORTHWITH, WITHOUT ANY PRIOR WRIT OF PROCEEDINGS, WHATSOEVER, AND PROVIDED THAT IF FOR ANY REASON AFTER SUCH ACTION SHALL HAVE BEEN COMMENCED THE SAME SHALL BE DETERMINED AND THE POSSESSION OF THE PREMISES HEREBY DEMISED REMAIN IN OR BE RESTORED TO SUBTENANT, SUBLANDLORD SHALL HAVE THE RIGHT UPON ANY SUBSEQUENT DEFAULT OR DEFAULTS, OR UPON THE TERMINATION OF THIS SUBLEASE AS HEREINBEFORE SET FORTH, TO BRING ONE OR MORE ACTION OR ACTIONS AS HEREINBEFORE SET FORTH TO RECOVER POSSESSION OF THE SAID PREMISES. In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Dueany action to confess judgment in ejectment, Together With All Indebtedness Provided For Therein Sublandlord shall first cause to be filed in such action an affidavit made by it or someone acting for it setting forth the facts necessary to authorize the entry of judgment, of which facts such affidavit shall be conclusive evidence, and if a true copy of this Sublease (With Or Without Acceleration Of Maturity)and of the truth of the copy such affidavit shall be sufficient evidence) be filed in such action, Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00)it shall not be necessary to file the original as a warrant of attorney, Whichever Is The Larger Amount For The Collectionany rule of Court, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereundercustom or practice to the contrary notwithstanding.

Appears in 1 contract

Samples: Sublease (Aclaris Therapeutics, Inc.)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Due, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity), Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00), Whichever Is The Larger Amount For The Collection, Which Borrower And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives Xxxxxx Xxxxxx And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunder.. THIS IS A COPY This is a copy view of the Authoritative Copy held by the designated custodian

Appears in 1 contract

Samples: Paycheck Protection Program Promissory Note and Agreement (Tropical Racing Inc)

Confession of Judgment. In The Undersigned Event Of Any Default Under This Instrument, Including, But Not Limited To Any Payment Under This Instrument Not Being Paid When Due, Whether At Maturity, By Acceleration Or Otherwise, Borrower Hereby Irrevocably Authorizes Appoints And Empowers Any Constitutes Dxxx Xxxxxxxxxxx Whose Address Is 400 X 0Xx Xxxxxx, Xxxxx 0000, Xxxxxxxx, XX 00000, Bxxxxxxx's Duly Constituted Attorney-AtIn-Law Fact To Appear In The Clerk's Office Of The Circuit Court For City Of Richmond, Virginia Or In Any Other Court Of Record Competent Jurisdiction, And To Confess Judgment Pursuant To The Provisions Of Section 8.01- 432 Of The Code Of Virginia Of 1950, As Amended, Against The Undersigned Borrower For The Unpaid Amount Of All Principal And Interest And Any Other Amounts Due And Payable Under This Note Instrument As Evidenced By An Affidavit Signed By An Officer Of The Lender Setting Forth The Amount Then Due, Together With All Indebtedness Attorney's Fees And Collection Fees As Provided For Therein In This Instrument (To The Extent Permitted By Law). This Power Of Attorney Is Coupled With An Interest And May Not Be Terminated By Borrower And Shall Not Be Revoked Or Without Acceleration Of Maturity)Terminated By Borrower And Shall Not Be Revoked Or Terminated By Borrower's Death, Plus Attorneys’ Fees Of Ten Percent (10%) Disability Or Dissolution. If A Copy Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00)Instrument, Whichever Is Verified By Affidavit, Shall Have Been Filed In The Larger Amount For Above Clerk's Office, It Will Not Be Necessary To File The Collection, Which Original As A Warrant Of Attorney. Borrower Releases All Errors And Lender Agree Is Reasonable, Plus Costs Of Suit, And To Release All Errors, And Waive Waives All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And Benefit Of All Exemption Laws Now Or Hereafter In Force Effect. Borrower Shall, Upon Lxxxxx's Request, Name Such Additional Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment Hereunder.Alternative Person(S)

Appears in 1 contract

Samples: Paycheck Protection Program Promissory Note and Agreement (Ra Medical Systems, Inc.)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorney-At-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then DueGuarantor authorizes any attorney of record to appear for him/her in any court of record, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity)after a Guaranteed Obligations becomes due and payable whether by its terms or upon default, Plus Attorneyswaive the issuance and service of process, and release all errors, and confess a judgment against it in favor of the holder of such Guaranteed Obligations, for the principal amount of such Guaranteed Obligations plus interest thereon, together with court costs and attorneysFees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00)fees. Stay of execution and all exemptions are hereby waived. If a Guaranteed Obligations is referred to an attorney for collection, Whichever Is The Larger Amount For The Collectionand the payment is obtained without the entry of a judgment, Which Borrower And Lender Agree Is Reasonablethe obligors shall pay to the holder of such obligation its attorneys’ fees. GUARANTOR AGREES THAT AN ATTORNEY WHO IS COUNSEL TO LENDER OR ANY OTHER HOLDER OF SUCH GUARANTEED OBLIGATION MAY ALSO ACT AS ATTORNEY OF RECORD FOR GUARANTOR WHEN TAKING THE ACTIONS DESCRIBED ABOVE IN THIS PARAGRAPH. GUARANTOR AGREES THAT ANY ATTORNEY TAKING SUCH ACTIONS MAY BE PAID FOR THOSE SERVICES BY LENDER OR THE HOLDER OF SUCH OBLIGATION. GUARANTOR WAIVES ANY CONFLICT OF INTEREST THAT MAY BE CREATED BECAUSE THE ATTORNEY WHO ACTS FOR GUARANTOR PURSUANT TO THIS PARAGRAPH IS ALSO REPRESENTING LENDER OR THE HOLDER OF SUCH GUARANTEED OBLIGATION, Plus Costs Of Suit, And To Release All Errors, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errors, Waives All Stay Of Execution, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enacted. No Single 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 Lender May Elect Until All Amounts Owing On This Note Have Been Paid In Full. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment HereunderOR BECAUSE SUCH ATTORNEY IS BEING PAID BY LENDER OR THE HOLDER OF SUCH GUARANTEED OBLIGATION.

Appears in 1 contract

Samples: Guaranty Agreement (Adcare Health Systems Inc)

Confession of Judgment. The Undersigned Hereby Irrevocably Authorizes And Empowers Any Attorneyattorney-Atat-Law To Appear In Any Court Of Record And To Confess Judgment Against The Undersigned For The Unpaid Amount Of This Note As Evidenced By An Affidavit Signed By An Officer Of Lender Setting Forth The Amount Then Duelaw may appear in any court of record situated in the county where either New Borrower or Guarantor then resides or conducts business, Together With All Indebtedness Provided For Therein (With Or Without Acceleration Of Maturity)or in the county where New Borrower signed this warrant, Plus Attorneys’ Fees Of Ten Percent (10%) Of The Total Indebtedness Or Five Thousand Dollars ($5,000.00)or in any other court in the State of Ohio or in any other state or territory of the United States, Whichever Is The Larger Amount For The Collectionat any time after the debt hereby evidenced shall become due, Which Borrower And Lender Agree Is Reasonableeither at its stated maturity or by acceleration or otherwise, Plus Costs Of Suitand may waive the issuing and service of process and confess judgment against New Borrower, And To Release All Errorsjointly and severally, And Waive All Rights Of Appeal. The Undersigned Expressly Releases All Errorsin favor of Lender, Waives All Stay Of Executionfor the amount then owing herein, Rights Of Inquisition And Extension Upon Any Levy Upon Real Estate And All Exemption Of Property From Levy And Sale Upon Any Execution Hereon; And The Undersigned Expressly Agrees To Condemnation And Expressly Relinquishes All Rights To Benefits Or Exemptions Under Any And All Exemption Laws Now In Force Or Which May Hereafter Be Enactedtogether with the costs of suit, and thereupon release all errors and waive all rights of appeal and stays of execution. No Single Exercise Of such judgment or judgments against less than all of the undersigned shall be a bar to a subsequent judgment or judgments against any one or more or the undersigned against whom judgment has not been obtained hereon, this being a joint and several warrant of attorney to confess judgment. Executed as of July 23, 1998. ================================================================================ 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. ================================================================================ NEW BORROWER: CAFE ODYSSEY, INC. F/K/A HOTEL DISCOVERY, INC. By: /s/ Stepxxx X. Xxxx Print Name: Stepxxx X. Xxxx Title: Chairman ================================================================================ 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. ================================================================================ GUARANTOR: By: /s/ Stepxxx X. Xxxx Print Name: STEPXXX X. XXXX APPROVED AND AGREED: LENDER: PNC BANK, NATIONAL ASSOCIATION By: /s/ Lawrxxxx Xxxxxxxx Title: Vice President STATE OF MINNESOTA ) ) SS: COUNTY OF HENNEPIN ) The Foregoing Warrant And Power To Confess Judgment Will Be Deemed To Exhaust The Powerforegoing instrument was acknowledged before me, Whether Or Not Any Such Exercise Shall Be Held By Any Court To Be Invalida notary public, 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 Note Have Been Paid In Fullthis 23rd day of July, 1998 by Stepxxx X. Xxxx, xxe Chairman of CAFE ODYSSEY, INC. The Undersigned Hereby Waives And Releases Any And All Claims Or Causes Of Action Which The Undersigned Might Have Against Any Attorney Acting Under The Terms Of Authority Which The Undersigned Has Granted Herein Arising Out Of Or Connected With The Confession Of Judgment HereunderF/K/A HOTEL DISCOVERY, INC., a Minnesota corporation. /s/ Willxxx X. Xxxxx Xxxary Public

Appears in 1 contract

Samples: Loan Agreement (Cafe Odyssey Inc)

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