Common use of Confession of Judgment Clause in Contracts

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, Borrower hereby irrevocably authorizes and empowers Naxxxxx Xxxx, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act as Borrower’s attorney-in-fact to appear in the Circuit Court of the City of Newport News clerk’s office and to confess judgment against Borrower for the unpaid amount of this Agreement as evidences by an affidavit signed by an officer of Lender setting forth for the amount then due, attorney’s fees plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this Agreement, verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Borrower waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess 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 Agreement have been paid in full.

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, Borrower hereby irrevocably authorizes and empowers Naxxxxx Xxxx, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act Xxxxxx X.Xxxxxxxxxx as Borrower’s Xxxxxxxx's attorney-in-fact to appear in the Circuit Court of the City of Newport News Fairfax County clerk’s office 's officer and to confess judgment against Borrower for the unpaid amount of this Agreement Note as evidences evidenced by an affidavit signed by an officer of Lender setting forth for the amount then due, plus attorney’s 's fees as provided in this Note, plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this AgreementNote, verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Borrower waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess 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 Agreement Note have been paid in full. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $12.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored.

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, The Borrower hereby irrevocably authorizes and empowers Naxxxxx Xxxxempowers, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act the Lender and any attorney-at-law, each as the Borrower’s attorney-in-fact fact, to appear ex parte in the Circuit Court any court of the City of Newport News clerk’s office record and to confess judgment against Borrower the Company for the unpaid amount of this Agreement Note as evidences evidenced by an affidavit signed by an officer of Lender Xxxxxx setting forth for the amount then due, attorney’s including attorneys’ fees plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this Agreement, Note verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. The Borrower waives the right to contest Xxxxxx’s rights under this section, including 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 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 Holder may elect until all amounts owing on this Agreement Note have been paid in full. 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, Holder 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 Judgment nor 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.

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, The Borrower hereby irrevocably authorizes and empowers Naxxxxx Xxxxempowers, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act the Lender and any attorney-at-law, each as the Borrower’s attorney-in-fact fact, to appear ex parte in the Circuit Court any court of the City of Newport News clerk’s office record and to confess judgment against Borrower the Company for the unpaid amount of this Agreement Note as evidences evidenced by an affidavit signed by an officer of Lender Hxxxxx setting forth for the amount then due, attorney’s including attorneys’ fees plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this Agreement, Note verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. The Borrower waives the right to contest Hxxxxx’s rights under this section, including 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 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 Holder may elect until all amounts owing on this Agreement Note have been paid in full. 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, Holder 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 Judgment nor 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.

Confession of Judgment. Upon a default in payment of the Indebtedness at maturityTo induce Xxxxxx to accept this Note, whether by acceleration or otherwise, Borrower Xxxxxxxx hereby irrevocably authorizes and empowers Naxxxxx Xxxx, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act as Borrower’s any attorney-inat-fact law to appear in the Circuit Court any court of the City of Newport News clerk’s office record and to confess judgment against Borrower Xxxxxxxx for the unpaid amount of this Agreement Note as evidences evidenced by an affidavit signed by an officer of Lender setting forth for the amount then due, attorney’s attorneys’ fees plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this AgreementNote, verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Borrower waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess 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 Agreement Note have been paid in full. Borrower hereby waives and releases any and all claims or causes of action which Borrower might have against any attorney acting under the terms of authority which Xxxxxxxx has granted herein arising out of or connected with the confession of judgment hereunder.

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, Borrower hereby Borrxxxx xxxeby irrevocably authorizes and empowers Naxxxxx Xxxx, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act as Borrower’s any attorney-inat-fact to law, including an attorney hired by Lendxx, xx appear in the Circuit Court In any court of the City of Newport News clerk’s office record and to confess judgment against Borrower for Borrxxxx xxx the unpaid amount of this Agreement Note as evidences evidenced by an affidavit signed by an officer of Lender setting forth for the amount then due, attorney’s plus attorneys' fees as provided in this Note, plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If if a copy of this AgreementNote, verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Borrower waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess 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 Agreement Note have been paid In full. Borrxxxx xxxves any conflict of interest that an attorney hired by Lendxx xxx have in fullacting on behalf of Borrxxxx xx confessing judgment against Borrxxxx xxxle such attorney is retained by Lendxx. Xxrrxxxx xxxressly consents to such attorney acting for Borrower In confessing judgment.

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, The Borrower hereby irrevocably authorizes and empowers Naxxxxx Xxxx, Cuxxxx X. Xxxxx xr an authorized officer any attorney of Laxxxxx Xederal Credit Union either one any court of who may act as Borrower’s attorney-in-fact record to appear in for the Circuit Court of the City of Newport News clerk’s office Borrower and to confess judgment as often as necessary against the Borrower in favor of Healthtronics, as of any term or time, for the unpaid amount of this Agreement as evidences by an affidavit signed by an officer of Lender setting forth for the amount then above sums plus interest due, attorney’s fees plus together with costs and other expenses of suitlegal proceedings and reasonable attorneys’ fees, and to with release of all errors, errors and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. appeal If a copy of this Agreement, Note verified by an affidavit, affidavit shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. The Borrower waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and in 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, voidable or void; but the power will continue undiminished and may be exercised from time to time as Lender Healthtronics may elect until the Principal Amount and all other amounts owing on payable under this Agreement have been Note are paid in full. The Borrower hereby waives and releases any and all claims or causes of action, which the Borrower might have against any attorney acting under the terms of authority which the Borrower has granted herein arising out of or connected with the confession of judgment hereunder.

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, Borrower The Company hereby irrevocably authorizes and empowers Naxxxxx Xxxxempowers, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act the Buyer and any attorney-at-law, each as Borrowerthe Company’s attorney-in-fact fact, to appear ex parte in the Circuit Court any court of the City of Newport News clerk’s office record and to confess judgment against Borrower the Company for the unpaid amount value of this Agreement the exercise of warrants, if the Company fails to issue the Warrant Shares within five (5) business days of exercise by the Buyer, as evidences evidenced by an affidavit signed by an officer of Lender Holder setting forth for the amount then due, attorney’s including attorneys’ fees plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this Agreement, Agreement verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Borrower The Company waives the right to contest Xxxxx’s rights under this section, including 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 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 Buyer may elect until all amounts owing on upon exercise of the warrants have been issued in full. 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, Buyer 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 Judgment nor the Buyer shall not be bound by Section 8 of this Agreement and the Investor shall have been paid in fullthe option to commence legal proceedings with any court of their choosing.

Confession of Judgment. Upon a the occurrence and during the continuation of any default under the secured promissory note described in payment Section 1(b) of this Settlement Agreement, and in addition to any other right or remedy of Cemtrex hereunder, under the Indebtedness secured promissory note or otherwise at maturitylaw or in equity, whether by acceleration or otherwise, Borrower Gxxxx hereby irrevocably authorizes and empowers Naxxxxx XxxxCemtrex or its legal counsel, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act each as Borrower’s Gxxxx’x attorney-in-fact fact, to appear in the Circuit Court of the City of Newport News clerk’s office ex parte and without notice to Gxxxx to confess judgment against Borrower Gxxxx for the unpaid amount of this Agreement secured promissory note as evidences evidenced by an affidavit the Affidavit of Confession of Judgment signed by Gxxxx as of the date of this Settlement Agreement and to be completed by Cemtrex or its counsel pursuant to the foregoing power of attorney (which power is coupled with an officer interest), a copy of Lender setting which is attached as Exhibit B hereto (the “Affidavit”). The Affidavit shall set forth for the amount then duedue hereunder, plus attorney’s fees plus costs and cost of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for Gxxxx waives the above named attorney-in-fact. If a copy of right to contest Cemtrex’s rights under this AgreementSection 4, verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Borrower waives including 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 warrant right and power to confess judgment will be deemed to exhaust the such power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the , and such power will shall continue undiminished and may be exercised from time to time as Lender Cemtrex may elect until all amounts owing on this Agreement the secured promissory note have been paid in full.

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, Borrower Xxxxxxxx hereby irrevocably authorizes and empowers Naxxxxx Xxxx, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act as Borrower’s any attorney-inat-fact law, including an attorney hired by Xxxxxx, to appear in the Circuit Court any court of the City of Newport News clerk’s office record and to confess judgment against Borrower Xxxxxxxx for the unpaid amount of this Agreement Note as evidences evidenced by an affidavit signed by an officer of Lender setting forth for the amount then due, attorney’s attorneys' fees plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this AgreementNote, verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Borrower waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess 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 Agreement Note have been paid in full. Xxxxxxxx waives any conflict of interest that an attorney hired by Xxxxxx may have in acting on behalf of Xxxxxxxx in confessing judgment against Xxxxxxxx while such attorney is retained by Xxxxxx. Xxxxxxxx expressly consents to such attorney acting for Xxxxxxxx in confessing judgment.

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, Borrower assignee hereby irrevocably authorizes and empowers Naxxxxx Xxxxany attorney of record, Cuxxxx X. Xxxxx xr an authorized officer or the Prothonotary or Clerk of Laxxxxx Xederal Credit Union either one any court in the Commonwealth of who may act as Borrower’s attorney-in-fact Pennsylvania or elsewhere, to appear for lender at any time or times, in any such court in any action brought against assignor by lender with respect to the Circuit Court aggregate amounts payable under the Loan Documents, with or without declaration filed, as of the City of Newport News clerk’s office any term, and therein to confess or enter judgment against Borrower assignee for all sums payable by assignee to lender under the unpaid amount of this Agreement Loan Documents, as evidences by an affidavit signed by an officer of Lender setting forth for the EVIDENCED BY AN AFFIDAVIT SIGNED BY A DULY AUTHORIZED DESIGNEE OF LENDER SETTING FORTH such amount then duedue from assignee to lender, attorney’s fees plus reasonable attorneys' fees, with costs of suit, release of errors and to release all errors, and waive all rights without right of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this AgreementNote, verified by an affidavit, shall have been filed in the proceedingsuch action, it will shall not be necessary to file the original as a warrant of attorney. Borrower assignee waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the powerEXERCISE OF THE FOREGOING WARRANT AND POWER TO BRING ANY ACTION OR CONFESS JUDGMENT THEREIN SHALL 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 BUT THE POWER SHALL CONTINUE UNDIMINISHED AND MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS LENDER SHALL ELECT until all amounts owing on this Agreement amount payable to lender under the Loan Documents shall have been paid in full.. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, The Borrower hereby irrevocably authorizes and empowers Naxxxxx Xxxxempowers, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act the Lender and any attorney-at-law, each as the Borrower’s attorney-in-fact fact, to appear ex parte in the Circuit Court any court of the City of Newport News clerk’s office record and to confess judgment against Borrower the Company for the unpaid amount of this Agreement Note as evidences evidenced by an affidavit signed by an officer of Lender Xxxxxx setting forth for the amount then due, attorney’s including attorneys’ fees plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this Agreement, Note verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. The Borrower waives the right to contest Xxxxxx’s rights under this section, including 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 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 Holder may elect until all amounts owing on this Agreement Note have been paid in full. 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, Holder 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 Judgment nor the Investor shall not be bound by Section 5.6 of this Agreement.

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, Borrower The Company hereby irrevocably authorizes and empowers Naxxxxx Xxxxempowers, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act the Buyer and any attorney-at-law, each as Borrowerthe Company’s attorney-in-fact fact, to appear ex parte in the Circuit Court any court of the City of Newport News clerk’s office record and to confess judgment against Borrower for the unpaid amount Company, if the Company fails to issue the shares due or the shares due upon exercise of this Agreement the Warrants by the Buyer, as evidences evidenced by an affidavit signed by an officer of Lender Hxxxxx setting forth for the amount then due, attorney’s including attorneys’ fees plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this Agreement, Agreement verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Borrower The Company waives the right to contest Bxxxx’s rights under this section, including 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 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 Buyer may elect until all amounts owing on upon exercise of the warrants have been issued in full. 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, Buyer 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 Judgment nor the Buyer shall not be bound by Section 8 of this Agreement and the Investor shall have been paid in fullthe option to commence legal proceedings with any court of their choosing.

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, The Borrower hereby irrevocably authorizes and empowers Naxxxxx Xxxxempowers, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act the Lender and any attorney-at-law, each as the Borrower’s attorney-in-fact fact, to appear ex parte in the Circuit Court any court of the City of Newport News clerk’s office record and to confess judgment against Borrower the Company for the unpaid amount of this Agreement Note as evidences evidenced by an affidavit signed by an officer of Lender Xxxxxx setting forth for the amount then due, attorney’s including attorneys’ fees plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this Agreement, Note verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. The Borrower waives the right to contest Xxxxxx’s rights under this section, including 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 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 Holder may elect until all amounts owing on this Agreement Note have been paid in full.. 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, Holder 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 Judgment nor the Investor shall not be bound by Section 5.6 of this Agreement