Power to Confess Judgment. The Guarantor hereby empowers any attorney ------------------------- of any court of record, after the occurrence of any Event of Default hereunder, to appear for the Guarantor and, with or without complaint filed, confess judgment, or a series of judgments, against the Guarantor in favor of the Bank for the amount of the Obligations and an attorney's commission of the greater of 10% of such principal and interest or $1,000 added as a reasonable attorney's fee, and for doing so, this Guaranty or a copy verified by affidavit shall be a sufficient warrant. The Guarantor hereby forever waives and releases all 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. 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 Obligations 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 Guarantor shall not exceed the actual attorneys' fees incurred by the Bank.
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Samples: Guaranty and Suretyship Agreement (RMH Teleservices Inc), Guaranty and Suretyship Agreement (RMH Teleservices Inc), Guaranty and Suretyship Agreement (RMH Teleservices Inc)
Power to Confess Judgment. The Guarantor hereby empowers any attorney ------------------------- of any court of record, after the occurrence of any Event of Default hereunder, to appear for the Guarantor and, with or without complaint filed, confess judgment, or a series of judgments, against the Guarantor in favor of the Bank PNCEF or any holder hereof for the amount of the Guaranteed Obligations and an attorney's commission of the greater of 10% of such principal and interest or $1,000 added as a reasonable attorney's fee, and for doing so, this Guaranty or a copy verified by affidavit shall be a sufficient warrant. The Guarantor hereby forever waives and releases all 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. 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 PNCEF shall elect until such time as the Bank PNCEF shall have received payment in full of the Guaranteed Obligations and costs. Notwithstanding the attorney's ’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 PNCEF may recover from the Guarantor shall not exceed the actual attorneys' ’ fees incurred by the BankPNCEF. 12.
Appears in 1 contract
Samples: Guaranty and Suretyship Agreement
Power to Confess Judgment. The Each Guarantor hereby empowers any attorney ------------------------- of any court of record, after the occurrence of any Event of Default hereunder, to appear for the each Guarantor and, with or without complaint filed, confess judgment, or a series of judgments, against the each Guarantor in favor of the Bank for the amount of the Obligations and an attorney's commission of the greater of 10% three percent (3%) of such principal and interest or $1,000 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 Guaranty or a copy verified by affidavit shall be a sufficient warrant. The Each Guarantor hereby forever waives and 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 enactedenacted with respect to such judgment or 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 Obligations 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 Guarantor shall not exceed the actual attorneys' fees incurred by the Bank.
Appears in 1 contract
Power to Confess Judgment. The Guarantor hereby empowers any attorney ------------------------- of any court of record, after the occurrence of any Event of Default hereunder, to appear for the Guarantor and, with or without complaint filed, confess judgment, or a series of judgments, against the Guarantor in favor of the Bank for the amount of the Obligations and an attorney's commission of the greater of 10% three percent (3%) of such principal and interest or $1,000 5,000 added as a reasonable attorney's fee, fee and for doing so, so this Guaranty or a copy verified by affidavit shall be a sufficient warrant. The Guarantor hereby forever waives and 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 enactedenacted with respect to such judgment or 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 Obligations 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 Guarantor shall not exceed the actual attorneys' fees incurred by the Bank.
Appears in 1 contract
Samples: Guaranty and Suretyship Agreement (Ceco Environmental Corp)
Power to Confess Judgment. The Guarantor hereby empowers any attorney ------------------------- of any court of record, after the occurrence of any Event of Default hereunder, to appear for the Guarantor and, with or without complaint filed, confess judgment, or a series of judgments, against the Guarantor in favor of the Bank PNCEF or any holder hereof for the amount of the Guaranteed Obligations and an attorney's commission of the greater of 10% of such principal and interest or $1,000 added as a reasonable attorney's fee, and for doing so, this Guaranty or a copy verified by affidavit shall be a sufficient warrant. The Guarantor hereby forever waives and releases all 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. 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 PNCEF shall elect until such time as the Bank PNCEF shall have received payment in full of the Guaranteed Obligations and costs. Notwithstanding the attorney's ’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 PNCEF may recover from the Guarantor shall not exceed the actual attorneys' ’ fees incurred by the BankPNCEF.
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Power to Confess Judgment. The Guarantor Borrower hereby empowers any attorney ------------------------- of any court of record, after the occurrence of any Event of Default demand is made hereunder, to appear for the Guarantor Borrower and, with or without complaint filed, confess judgment, or a series of judgments, against the Guarantor Borrower in favor of the Bank Holder or any holder hereof for the amount entire principal balance of the Obligations this Note, all accrued interest and all other amounts due hereunder, together with costs of suit and an attorney's ’s commission of the greater of 10% of such principal and interest or $1,000 5,000 added as a reasonable attorney's ’s fee, and for doing so, this Guaranty Note or a copy verified by affidavit shall be a sufficient warrant. The Guarantor Borrower hereby forever waives and releases all 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 Holder shall elect until such time as the Bank Holder shall have received payment in full of the Obligations debt, interest and costs. Notwithstanding the attorney's ’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 Holder may recover from the Guarantor Borrower shall not exceed the actual and reasonable attorneys' ’ fees incurred by the BankHolder.
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Samples: Biohitech Global, Inc.
Power to Confess Judgment. The Guarantor hereby empowers any attorney ------------------------- of any court of record, after the occurrence of any Event of Default hereunder, to appear for the Guarantor and, with or without complaint filed, confess judgment, or a series of judgments, against the Guarantor in favor of the Bank for the amount of the Obligations and an attorney's commission of the greater of 10% of such principal and interest or $1,000 added as a reasonable attorney's fee, and for doing so, this Guaranty or a copy verified by affidavit shall be a sufficient warrant. The Guarantor hereby forever waives and releases all 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. 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 Obligations 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 Guarantor shall not exceed the actual attorneys' fees incurred by the Bank.
Appears in 1 contract
Samples: Letter Agreement (Ii-Vi Inc)