Common use of Power to Confess Judgment Clause in Contracts

Power to Confess Judgment. The Borrower hereby irrevocably authorizes any attorney-at-law, including an attorney employed by or retained and paid by the Bank, to appear in any court of record in or of the State of Ohio, or in any other state or territory of the United States, at any time after the indebtedness evidenced by this Note becomes due, whether by acceleration or otherwise, to waive the issuing and service of process and to confess a judgment against the Borrower in favor of the Bank, and/or any assignee or holder hereof for the amount of principal and interest and expenses then appearing due from the Borrower under this Note, 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. The Borrower hereby expressly (i) waives any conflict of interest of the attorney(s) retained by the Bank to confess judgment against the Borrower upon this Note, and (ii) consents to the receipt by such attorney(s) of a reasonable legal fee from the Bank for legal services rendered for confessing judgment against the Borrower upon this Note. A copy of this Note, certified by the Bank, may be filed in each such proceeding in place of filing the original as a warrant of attorney.

Appears in 5 contracts

Samples: Committed Line of Credit Note, Term Note (Preformed Line Products Co), Committed Line of Credit Note (Miscor Group, Ltd.)

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Power to Confess Judgment. The Borrower hereby irrevocably authorizes any attorney-at-law, including an attorney employed by or retained and paid by the Bank, to appear in any court of record in or of the State of Ohio, or in any other state or territory of the United States, at any time after the indebtedness loans or any of the other obligations evidenced by this the Note becomes become due, whether by acceleration or otherwise, to waive the issuing and service of process and to confess a judgment against the Borrower in favor of the Bank, and/or any assignee or holder hereof for the amount of principal such loans and interest and expenses any of such other obligations then appearing due from the Borrower under the Note and this NoteNote Modification 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. The Borrower hereby expressly (i) waives any conflict of interest of the attorney(s) retained by the Bank to confess judgment against the Borrower upon the Note and this NoteNote Modification Agreement, and (ii) consents to the receipt by such attorney(s) of a reasonable legal fee from the Bank for legal services rendered for confessing judgment against the Borrower upon the Note and this NoteNote Modification Agreement. A copy of the Note and this NoteNote Modification Agreement, certified by the Bank, may be filed in each such proceeding in place of filing the original as a warrant of attorney. The Borrower acknowledges that it has read and understood all the provisions of this Note Modification Agreement, including the confession of judgment and waiver of jury trial, and has been advised by counsel as necessary or appropriate.

Appears in 2 contracts

Samples: Note Modification Agreement (Energy Inc.), Note Modification Agreement (Energy Inc.)

Power to Confess Judgment. The Borrower hereby irrevocably authorizes any attorney-at-law, including an attorney employed by or retained and paid by the BankLender, to appear in any court of record in or of the State of Ohio, or in any other state or territory of the United States, at any time after the indebtedness evidenced by this Note becomes due, whether by acceleration or otherwise, to waive the issuing and service of process and to confess a judgment against the Borrower in favor of the BankLender, and/or any assignee or holder hereof for the amount of principal and interest and expenses then appearing due from the Borrower under this Note, 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. The Borrower hereby expressly (i) waives waiver any conflict of interest of the attorney(s) retained attorney(s)retained by the Bank Lender to confess judgment against the Borrower upon this Note, and (ii) consents ii)consents to the receipt by such attorney(s) of attorney(s)of a reasonable legal fee from the Bank Lender for legal services rendered for confessing judgment against the Borrower upon this Note. A copy of this Note, certified by the BankLender, may be filed in each such proceeding in place of filing the original as a warrant of attorney.

Appears in 1 contract

Samples: Credit Agreement (Whiteford Partners L P)

Power to Confess Judgment. The Each Borrower hereby irrevocably authorizes any attorney-at-law, including an attorney employed by or retained and paid by the Bank, to appear in any court of record in or of the State of Ohio, or in any other state or territory of the United States, at any time after the indebtedness evidenced by this Note becomes due, whether by acceleration or otherwise, to waive the issuing and service of process and to confess a judgment against the any Borrower in favor of the Bank, and/or any assignee or holder hereof for the amount of principal and interest and expenses then appearing due from the Borrower Borrowers under this Note, 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. The Each Borrower hereby expressly (i) waives any conflict of interest of the attorney(s) retained by the Bank to confess judgment against the any Borrower upon this Note, and (ii) consents to the receipt by such attorney(s) of a reasonable legal fee from the Bank for legal services rendered for confessing judgment against the any Borrower upon this Note. A copy of this Note, certified by the Bank, may be filed in each such proceeding in place of filing the original as a warrant of attorney.

Appears in 1 contract

Samples: Line of Credit Note (Preformed Line Products Co)

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Power to Confess Judgment. The Borrower hereby irrevocably authorizes any attorney-at-law, including an attorney employed by or retained and paid by the BankLender, to appear in any court of record in or of the State of Ohio, or in any other state or territory of the United States, at any time after the indebtedness evidenced by this Note becomes due, whether by acceleration or otherwise, to waive the issuing and service of process and to confess a judgment against the Borrower in favor of the BankLender, and/or any assignee or holder hereof for the amount of principal and interest and expenses then appearing due from the Borrower under this Note, together with costs of suit and thereupon to release all errors and .and waive all right of appeal or stays of execution in any court of record. The Borrower hereby expressly (i) waives any conflict of interest of the attorney(s) retained attorney(s)retained by the Bank Lender to confess judgment against the Borrower upon this Note, and (ii) consents to the receipt by such attorney(s) of attorney(s)of a reasonable legal fee from the Bank Lender for legal services rendered for confessing judgment against the Borrower upon this Note. A copy of this Note, certified by the BankLender, may be filed in each such proceeding in place of filing the original as a warrant of attorney.the

Appears in 1 contract

Samples: Credit Agreement (Whiteford Partners L P)

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