Power to Confess Judgment. The Borrowers hereby empower any attorney of any court of record, after the occurrence of any Event of Default hereunder, to appear for the Borrowers and, with or without complaint filed, confess judgment, or a series of judgments, against the Borrowers in favor of the Bank or any holder hereof for the entire principal balance of this Note, all accrued interest and all other amounts due hereunder, together with costs of suit and an attorney's commission of the greater of 3% of such principal and interest or $5,000 added as a reasonable attorney's fee, and for doing so, this Note or a copy verified by affidavit shall be a sufficient warrant. The Borrowers hereby forever waive and release all procedural errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter enacted. Interest on any such judgment shall accrue at the Default Rate. No single exercise of the foregoing power to confess judgment, 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 invalid, voidable, or void, but the power shall continue undiminished and it may be exercised from time to time as often as the Bank shall elect until such time as the Bank shall have received payment in full of the debt, interest and costs.
Appears in 2 contracts
Samples: Term Loan Note (Ceco Environmental Corp), Mortgage Note (Ceco Environmental Corp)
Power to Confess Judgment. The Borrowers Borrower hereby empower empowers any attorney of any court of record, after during the occurrence existence of any Event of Default hereunder, to appear for the Borrowers Borrower and, with or without complaint filed, confess judgment, or a series of judgments, against the Borrowers Borrower in favor of the Bank or any holder hereof for the entire principal balance of this Note, all accrued interest and all other amounts due hereunder, together with costs of suit and an attorney's commission of the greater of 310% of such principal and interest or $5,000 1,000 added as a reasonable attorney's fee, and for doing so, this Note or a copy verified by affidavit shall be a sufficient warrant. The Borrowers Borrower hereby forever waive waives and release releases all procedural errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter enacted. Interest on any such judgment shall accrue at the Default Rate. No single exercise of the foregoing power to confess judgment, 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 invalid, voidable, or void, but the power shall continue undiminished and it may be exercised from time to time as often as the Bank shall elect until such time as the Bank shall have received payment in full of the debt, interest and costs. Notwithstanding the attorney's commission provided for in the preceding paragraph (which is included in the warrant for purposes of establishing a sum certain), the amount of attorneys' fees that the Bank may recover from the Borrower shall not exceed the actual attorneys' fees incurred by the Bank.
Appears in 2 contracts
Samples: Term Note (Strategic Diagnostics Inc/De/), Committed Line of Credit Note (Strategic Diagnostics Inc/De/)
Power to Confess Judgment. The Borrowers Lessee hereby empower empowers any attorney of any court of record, after the occurrence of any Event of Default hereunder, record to appear for the Borrowers Xxxxxx and, with or without complaint filed, filed ~ confess judgment, or a series of judgments, against the Borrowers in Lessee In favor of the Bank AssIgnee or any holder hereof for the entire principal prIncipal balance of this Note, all Lease cii 's.; accrued interest and all other amounts due hereunder, together with costs of suit and an attorney's commission fee of the greater of 3% ten percent (10%) of such principal prln~ .~ cipal and interest Interest or $5,000 1,000 added as a reasonable attorney's fee, and for doing so, so this Note Lease or a copy verified veriflecf by affidavit shall be a sufficient warrant. The Borrowers Lessee hereby forever waive waives and release releases all procedural errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter enacted. Interest on any such judgment shall accrue at the Default Rate. No single exercise of the foregoing power to confess judgment, or a series of judgments, judgments shall be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalidInvalid, voidable, or void, but the power shall shell continue undiminished and it may be exercised from time to time as often as the Bank Assignee shall elect until such time as the Bank Assignee shall have received payment in In full of the debt, interest and costs.
Appears in 2 contracts
Samples: Equipment Lease (Compliance Systems Corp), Equipment Lease (Compliance Systems Corp)
Power to Confess Judgment. The Borrowers Borrower hereby empower empowers any attorney of any court of record, after the occurrence of any Event of Default hereunder, to appear for the Borrowers Borrower and, with or without complaint filed, confess judgment, or a series of judgments, against the Borrowers Borrower in favor of the Bank or any holder hereof for the entire principal balance of this Note, all accrued interest and all other amounts due hereunder, together with costs of suit and an attorney's commission of the greater of 310% of such principal and interest or $5,000 1,000 added as a reasonable attorney's fee, and for doing so, this Note or a copy verified by affidavit shall be a sufficient warrant. The Borrowers Borrower hereby forever waive waives and release releases all procedural errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter enacted. Interest on any such judgment shall accrue at the Default Rate. No single exercise of the foregoing power to confess judgment, 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 invalid, voidable, or void, but the power shall continue undiminished and it may be exercised from time to time as often as the Bank shall elect until such time as the Bank shall have received payment in full of the debt, interest and costs. Notwithstanding the attorney's commission provided for in the preceding paragraph (which is included in the warrant for purposes of establishing a sum certain), the amount of attorneys' fees that the Bank may recover from the Borrower shall not exceed the actual attorneys' fees incurred by the Bank.
Appears in 1 contract
Samples: Export Import Loan Agreement (Environmental Tectonics Corp)
Power to Confess Judgment. The Borrowers Borrower hereby empower empowers any attorney of any court of record, after the occurrence of any Event of Default hereunderDefault, to appear for the Borrowers Borrower and, with or without complaint filed, confess judgment, or a series of judgments, against the Borrowers Borrower in favor of the Bank or any holder hereof for the entire principal balance of this NoteAgreement, all accrued interest and all other amounts due hereunder, together with costs of suit and an attorney's ’s commission of the greater of 3% ten percent (10%) of such principal and interest or $5,000 1,000 added as a reasonable attorney's ’s fee, and for doing so, this Note Agreement or a copy verified by affidavit shall be a sufficient warrant. The Borrowers Borrower hereby forever waive waives and release releases all procedural errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter enacted. Interest on any such judgment shall accrue at the Default Raterate of interest specified in Section 2.02(b). No single exercise of the foregoing power to confess judgment, 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 invalid, voidable, or void, but the power shall continue undiminished and it may be exercised from time to time as often as the Bank shall elect until such time as the Bank shall have received payment in full of the debt, interest and costs. Notwithstanding the attorney’s commission provided for in this Section 9.13 (which is included in this warrant for purposes of establishing a sum certain) the amount of attorneys’ fees that the Bank may recover from the Borrower shall not exceed the actual attorney’s fees incurred by the Bank.
Appears in 1 contract
Power to Confess Judgment. The Borrowers Each Guarantor hereby empower empowers any attorney of any court of record, after the occurrence of any Event of Default hereunder, to appear for the Borrowers each Guarantor and, with or without complaint filed, confess judgment, or a series of judgments, against the Borrowers each Guarantor in favor of the Bank or any holder hereof for the entire principal balance amount of this Note, all accrued interest and all other amounts due hereunder, together with costs of suit the Obligations and an attorney's commission of the greater of three percent (3% %) of such principal and interest or $5,000 added as a reasonable attorneys' fee (but in no event shall such attorney's fee, fee exceed those fees actually and reasonably incurred notwithstanding the amount confessed) and for doing so, so this Note Guaranty or a copy verified by affidavit shall be a sufficient warrant. The Borrowers Each Guarantor hereby forever waive waives and release releases all procedural errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter enacted. Interest on any enacted with respect to such judgment shall accrue at the Default Rateor judgments. No single exercise of the foregoing power to confess judgment, 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 invalid, voidable, or void, but the power shall continue undiminished and it may be exercised from time to time as often as the Bank shall elect until such time as the Bank shall have received payment in full of the debt, interest Obligations and costs.
Appears in 1 contract
Power to Confess Judgment. The Borrowers hereby empower any attorney of any court of record, after the occurrence of any Event of Default hereunder, to appear for the Borrowers and, with or without complaint filed, confess judgment, or a series of judgments, against the Borrowers in favor of the Bank or any holder hereof for the entire principal balance of this Note, all accrued interest and all other amounts due hereunder, together with costs of suit and an attorney's commission of the greater of three percent (3% %) of such principal and interest or $5,000 added as a reasonable attorney's fee, and for doing so, this Note or a copy verified by affidavit shall be a sufficient warrant. The Borrowers hereby forever waive and release all procedural errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter enacted. Interest on any such judgment shall accrue at the Default Rate. No single exercise of the foregoing power to confess judgment, 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 invalid, voidable, or void, but the power shall continue undiminished and it may be exercised from time to time as often as the Bank shall elect until such time as the Bank shall have received payment in full of the debt, interest and costs.
Appears in 1 contract
Power to Confess Judgment. The Borrowers Customer hereby empower empowers any attorney of any court of record, after the occurrence of any Event of Default hereunder, to appear for the Borrowers Customer and, with or without complaint filed, confess judgment, or a series of judgments, against the Borrowers Customer in favor of the Bank or any holder hereof for the entire outstanding principal balance of this Notebalance, all accrued interest and all other amounts due hereunder, together with costs of suit and an attorney's commission of the greater of 310% of such principal and interest or $5,000 1,000 added as a reasonable attorney's fee, and for doing so, so this Note Agreement or a copy verified by affidavit shall be a sufficient warrant. The Borrowers Customer hereby forever waive waives and release releases all procedural errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter enacted. Interest on any such judgment shall accrue at the Default Rate. No single exercise of the foregoing power to confess judgment, 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 invalid, voidable, or void, but the power shall continue undiminished and it may be exercised from time to time as often as the Bank shall elect until such time as the Bank shall have received payment in full of the debt, interest and costs.
Appears in 1 contract
Samples: Working Cash Line of Credit Agreement (Comtrex Systems Corp)
Power to Confess Judgment. The Borrowers Guarantor hereby empower empowers any attorney of any court of recordrecord within the Commonwealth of Pennsylvania, after the occurrence of any Event of Default hereunderDefault, to appear for the Borrowers Guarantor and, with or without complaint filed, confess judgment, or a series of judgments, against the Borrowers Guarantor in favor of the Bank or any holder hereof for the entire principal outstanding balance of this Note, all accrued interest and all other amounts due hereunderthe Obligations guaranteed hereby, together with costs of suit and an attorney's ’s commission of the greater of 35% of such principal and interest or $5,000 1,000 added as a reasonable attorney's ’s fee, and for doing so, this Note Guaranty Agreement or a copy verified by affidavit shall be a sufficient warrant. The Borrowers Guarantor hereby forever waive waives and release releases all procedural errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter enacted. Interest on any such judgment shall accrue at the Default Rate. No single exercise of the foregoing power to confess judgment, 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 invalid, voidable, or void, but the power shall continue undiminished and it may be exercised from time to time as often as the Bank shall elect until such time as the Bank shall have received payment in full of the debt, interest and costs.
Appears in 1 contract
Samples: Credit Agreement (Universal Stainless & Alloy Products Inc)
Power to Confess Judgment. The Borrowers hereby empower any attorney of any court of record, after the occurrence of any Event of Default hereunder, to appear for the Borrowers Borrowers, or any of them, and, with or without complaint filed, confess judgment, or a series of judgments, against the Borrowers Borrowers, or any of them, in favor of the Bank or any holder hereof for the entire principal balance of this Note, all accrued interest and all other amounts due hereunder, together with costs of suit and an attorney's commission of the greater of 310% of such principal and interest or $5,000 1,000 added as a reasonable attorney's fee, and for doing so, so this Note or a copy verified by affidavit shall be a sufficient warrant. The Borrowers Each Borrower hereby forever waive waives and release releases all procedural errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter enacted. Interest on any such judgment shall accrue at the Default Rate. No single exercise of the foregoing power to confess judgment, 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 invalid, voidable, or void, but the power shall continue undiminished and it may be exercised from time to time as often as the Bank shall elect until such time as the Bank shall have received payment in full of the debt, interest and costs.
Appears in 1 contract
Samples: Committed Line of Credit Note (Aloette Cosmetics Inc)
Power to Confess Judgment. The Borrowers Borrower hereby empower empowers any attorney of any court of recordrecord within the Commonwealth of Pennsylvania, after the occurrence of any Event of Default hereunderDefault, to appear for the Borrowers Borrower and, with or without complaint filed, confess judgment, or a series of judgments, against the Borrowers Borrower in favor of the Bank or any holder hereof for the entire principal balance of this Note, Revolving Credit Note and all accrued interest and all other amounts due hereunderinterest, together with costs of suit and an attorney's ’s commission of the greater of 35% of such principal and interest or $5,000 1,000 added as a reasonable attorney's ’s fee, and for doing so, this Revolving Credit Note or a copy verified by affidavit shall be a sufficient warrant. The Borrowers Borrower hereby forever waive waives and release releases all procedural errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter enacted. Interest on any such judgment shall accrue at the Default Rate. No single exercise of the foregoing power to confess judgment, 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 invalid, voidable, or void, but the power shall continue undiminished and it may be exercised from time to time as often as the Bank shall elect until such time as the Bank shall have received payment in full of the debt, interest and costs.
Appears in 1 contract
Samples: Credit Agreement (Universal Stainless & Alloy Products Inc)
Power to Confess Judgment. The Borrowers Borrower hereby empower empowers any attorney of any court of record, after the occurrence of any Event of Default hereunder, to appear for the Borrowers Borrower and, with or without complaint filed, confess judgment, or a series of judgments, against the Borrowers Borrower in favor of the Bank or any holder hereof for the entire principal balance of this Note, all accrued interest and all other amounts due hereunder, together with costs of suit and an attorney's commission of the greater of 3% ten percent (10%) of such principal and interest or $5,000 1,000 added as a reasonable attorney's fee, and for doing so, this Note or a copy verified by affidavit shall be a sufficient warrant. The Borrowers Borrower hereby forever waive waives and release releases all procedural errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter enacted. Interest on any such judgment shall accrue at the Default Rate. No single exercise of the foregoing power to confess judgment, 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 invalid, voidable, or void, but the power shall continue undiminished and it may be exercised from time to time as often as the Bank shall elect until such time as the Bank shall have received payment in full of the debt, interest and costs.
Appears in 1 contract
Samples: Convertible Line of Credit Note (Numerex Corp /Pa/)