Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO THE COMMERCIAL LOAN TRANSACTION EVIDENCED BY THIS NOTE, THE LOAN AGREEMENT, AND ANY OTHER LOAN DOCUMENTS EVIDENCING OR SECURING THE SAME, BORROWER AGREES THAT THIS IS A COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO NOTICE AND A HEARING UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, OR OTHER STATUTE OR STATUTES AFFECTING PREJUDGMENT REMEDIES AND AUTHORIZES LENDER’S ATTORNEY TO ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER. BORROWER ACKNOWELDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT TO ANY NOTICE OR PRIOR HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF BORROWER IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL UNLESS A COURT OF COMPETENT JURISDICTION DETERMINES OTHERWISE. FURTHER, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, BORROWER HEREBY WAIVES DEMAND, PRESENTMENT FOR PAYMENT, PROTEST, NOTICE OF PROTEST, NOTICE OF DISHONOR, DILIGENCE IN COLLECTION, NOTICE OF NONPAYMENT OF THIS NOTE AND ANY AND ALL NOTICES OF A LIKE NATURE. FURTHER BORROWER WAIVES ALL RIGHTS TO REQUEST THAT LENDER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT THE COMPANY AGAINST DAMAGES THAT MAY BE CAUSD BY ANY SUCH REMEDY OR REMEDIES.
Appears in 1 contract
Samples: Security Agreement (Microfluidics International Corp)
Prejudgment Remedy Waiver. TO INDUCE LENDER LENDERS TO ENTER INTO ACCEPT THIS AGREEMENT, BORROWER AND GUARANTOR AGREE THAT THE COMMERCIAL LOAN TRANSACTION LOANS EVIDENCED BY THE NOTES, THIS NOTE, THE LOAN AGREEMENT, AGREEMENT AND ANY ALL OTHER LOAN DOCUMENTS EVIDENCING OR SECURING THE SAME, BORROWER AGREES THAT THIS IS ARE AND EVIDENCE A COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO A NOTICE AND A HEARING UNDER CHAPTER 903a 903A OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, OR OTHER STATUTE OR STATUTES AFFECTING PREJUDGMENT REMEDIES AND AUTHORIZES LENDER’S LENDERS' ATTORNEY TO ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDERWAIVER. BORROWER ACKNOWELDGES AND STIPULATES GUARANTOR ACKNOWLEDGE AND STIPULATE THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AND AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS GUARANTOR RECOGNIZE AND UNDERSTAND THAT THE EXERCISE OF LENDER’S LENDERS' RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S BORROWER AND GUARANTOR'S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL BORROWER AND GUARANTOR HAVE THE RIGHT TO ANY NOTICE OR PRIOR HEARING WHERE BORROWER AND GUARANTOR MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF BORROWER AND GUARANTOR IS TO GRANT TO LENDER LENDERS FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS ITS BELIEF ASSURE THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL UNLESS A COURT OF COMPETENT JURISDICTION DETERMINES OTHERWISE. FURTHER, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, BORROWER HEREBY WAIVES DEMAND, PRESENTMENT FOR PAYMENT, PROTEST, NOTICE OF PROTEST, NOTICE OF DISHONOR, DILIGENCE IN COLLECTION, NOTICE OF NONPAYMENT OF THIS NOTE AND ANY AND ALL NOTICES OF A LIKE NATURE. FURTHER BORROWER WAIVES ALL RIGHTS TO REQUEST THAT LENDER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT THE COMPANY AGAINST DAMAGES THAT MAY BE CAUSD BY ANY SUCH REMEDY OR REMEDIESCONSTITUTIONAL.
Appears in 1 contract
Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO BORROWER HEREBY REPRESENTS, COVENANTS AND AGREES THAT THE COMMERCIAL LOAN TRANSACTION EVIDENCED BY THIS NOTE, PROCEEDS OF THE LOAN AGREEMENT, SHALL BE USED FOR GENERAL COMMERCIAL PURPOSES AND ANY OTHER THAT SUCH LOAN DOCUMENTS EVIDENCING OR SECURING THE SAME, BORROWER AGREES THAT THIS IS A COMMERCIAL TRANSACTION AS DEFINED BY THE STATUTES OF THE STATE OF CONNECTICUT. BORROWER HEREBY WAIVES ALL RIGHTS TO NOTICE AND NOT PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES ANNOTATED, SECTION 52-278A ET. SEQ., AS AMENDED, OR UNDER ANY OTHER STATE OR FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES BANK MAY EMPLOY TO ENFORCE ITS RIGHTS AND REMEDIES HEREUNDER. MORE SPECIFICALLY, BXXXXXXX ACKNOWLEDGES THAT BANK'S ATTORNEY MAY, PURSUANT TO CONNECTICUT GENERAL STATUTES ANNOTATED, SECTION 52-278F, ISSUE A CONSUMER TRANSACTION, WRIT FOR PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER. BORROWER ACKNOWLEDGES AND WAIVES ANY RESERVES ITS RIGHT TO NOTICE AND A HEARING UNDER CHAPTER 903a OF SUBSEQUENT TO THE CONNECTICUT GENERAL STATUTES, AS AMENDED, OR OTHER STATUTE OR STATUTES AFFECTING PREJUDGMENT REMEDIES AND AUTHORIZES LENDER’S ATTORNEY TO ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDERBY BANK'S ATTORNEY, AND BANK ACKNOWLEDGES BXXXXXXX'S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. BORROWER ACKNOWELDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE FURTHER HEREBY WAIVES ANY REQUIREMENT OR OBLIGATION OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTY, AND SUCH WRIT FOR BANK TO POST A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW BOND OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT TO SECURITY IN CONNECTION WITH ANY NOTICE OR PRIOR HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF BORROWER IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID BY BANK AND CONSTITUTIONAL UNLESS A COURT WAIVES ANY OBJECTIONS TO ANY PREJUDGMENT REMEDY OBTAINED BY BANK BASED ON ANY OFFSETS, CLAIMS, DEFENSES OR COUNTERCLAIMS OF COMPETENT JURISDICTION DETERMINES OTHERWISEBORROWER OR ANY OTHER OBLIGATED PARTY TO ANY ACTION BROUGHT BY BANK. FURTHERBXXXXXXX ACKNOWLEDGES AND AGREES THAT ALL OF THE WAIVERS CONTAINED IN THIS SECTION HAVE BEEN MADE KNOWINGLY, TO VOLUNTARILY, INTENTIONALLY AND INTELLIGENTLY, AND WITH THE EXTENT ALLOWED UNDER APPLICABLE LAWADVICE OF ITS COUNSEL. Executed as an instrument under seal as of February 28, BORROWER HEREBY WAIVES DEMAND2023. Witness: Borrower: Sachem Capital Corp., PRESENTMENT FOR PAYMENT//s/Pxxxx Xxxxxxxxx By: /s/ Jxxx Xxxxx Pxxxx Xxxxxxxxx Jxxx Xxxxx, PROTEST, NOTICE OF PROTEST, NOTICE OF DISHONOR, DILIGENCE IN COLLECTION, NOTICE OF NONPAYMENT OF THIS NOTE AND ANY AND ALL NOTICES OF A LIKE NATURE. FURTHER BORROWER WAIVES ALL RIGHTS TO REQUEST THAT LENDER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT THE COMPANY AGAINST DAMAGES THAT MAY BE CAUSD BY ANY SUCH REMEDY OR REMEDIES.Chief Financial Officer Accepted: New Haven Bank By: Name: Rxxxxxx Xxxxxxxx Title: Vice President
Appears in 1 contract
Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO BORROWER HEREBY REPRESENTS, COVENANTS AND AGREES THAT THE COMMERCIAL LOAN TRANSACTION EVIDENCED BY THIS NOTE, PROCEEDS OF THE LOAN AGREEMENT, SHALL BE USED FOR GENERAL COMMERCIAL PURPOSES AND ANY OTHER THAT THE LOAN DOCUMENTS EVIDENCING OR SECURING THE SAME, BORROWER AGREES THAT THIS IS A “COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND ” AS DEFINED BY THE STATUTES OF THE STATE OF CONNECTICUT. BORROWER HEREBY WAIVES ANY RIGHT ALL RIGHTS TO NOTICE AND A PRIOR COURT HEARING OR COURT ORDER UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, SECTIONS 52-278a ET SEQ., AS AMENDED, OR UNDER ANY OTHER STATUTE STATE OR STATUTES AFFECTING FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES LENDER MAY EMPLOY TO ENFORCE ITS RIGHTS AND AUTHORIZES LENDERREMEDIES HEREUNDER. MORE SPECIFICALLY, XXXXXXXX ACKNOWLEDGES THAT XXXXXX’S ATTORNEY MAY, PURSUANT TO CONNECTICUT GENERAL STATUTES, SECTION 52-278f, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED . BORROWER ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDERBY XXXXXX’S ATTORNEY, AND XXXXXX ACKNOWLEDGES XXXXXXXX’S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. BORROWER ACKNOWELDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE FURTHER HEREBY WAIVES ANY REQUIREMENT OR OBLIGATION OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTY, AND SUCH WRIT FOR LENDER TO POST A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW BOND OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT TO SECURITY IN CONNECTION WITH ANY NOTICE OR PRIOR HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF BORROWER IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID BY LENDER AND CONSTITUTIONAL UNLESS WAIVES ANY OBJECTIONS TO ANY PREJUDGMENT REMEDY OBTAINED BY LENDER BASED ON ANY OFFSETS, CLAIMS, DEFENSES OR COUNTERCLAIMS OF BORROWER OR ANY OTHER OBLIGATED PARTY TO ANY ACTION BROUGHT BY XXXXXX. XXXXXXXX ACKNOWLEDGES AND AGREES THAT ALL OF THE WAIVERS CONTAINED IN THIS SECTION HAVE BEEN MADE KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND INTELLIGENTLY, AND WITH THE ADVICE OF ITS COUNSEL. RIVERBEND BETHLEHEM HOLDINGS I LLC By: Riverbend Lehigh Valley Holdings II LLC Its Sole Member By: Xxxxxxx Land, LLC Its Sole Member By: Xxxxxxx Land & Nurseries, Inc. Its Sole Member By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: President RIVERBEND BETHLEHEM HOLDINGS II LLC By: Riverbend Lehigh Valley Holdings II LLC Its Sole Member By: Xxxxxxx Land, LLC Its Sole Member By: Xxxxxxx Land & Nurseries, Inc. Its Sole Member By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: President SCHEDULE A COURT OF COMPETENT JURISDICTION DETERMINES OTHERWISE. FURTHERAmortization Schedule Schedule A Loan Amortization Schedule Payment Date Balance Prior to Payment Principal Payment Amount Feb 1, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW2015 19,750,000.00 36,526.00 Mar 1, BORROWER HEREBY WAIVES DEMAND2015 19,713,474.00 36,526.00 Apr 1, PRESENTMENT FOR PAYMENT2015 19,676,948.00 36,526.00 May 1, PROTEST2015 19,640,422.00 36,526.00 Jun 1, NOTICE OF PROTEST2015 19,603,896.00 36,526.00 Jul 1, NOTICE OF DISHONOR2015 19,567,370.00 36,526.00 Aug 1, DILIGENCE IN COLLECTION2015 19,530,844.00 36,526.00 Sep 1, NOTICE OF NONPAYMENT OF THIS NOTE AND ANY AND ALL NOTICES OF A LIKE NATURE. FURTHER BORROWER WAIVES ALL RIGHTS TO REQUEST THAT LENDER POST A BOND2015 19,494,318.00 36,526.00 Oct 1, WITH OR WITHOUT SURETY2015 19,457,792.00 36,526.00 Nov 1, TO PROTECT THE COMPANY AGAINST DAMAGES THAT MAY BE CAUSD BY ANY SUCH REMEDY OR REMEDIES.2015 19,421,266.00 36,526.00 Dec 1, 2015 19,384,740.00 36,526.00 Jan 1, 2016 19,348,214.00 36,526.00 Feb 1, 2016 19,311,688.00 38,019.00 Mar 1, 2016 19,273,669.00 38,019.00 Apr 1, 2016 19,235,650.00 38,019.00 May 1, 2016 19,197,631.00 38,019.00 Jun 1, 2016 19,159,612.00 38,019.00 Jul 1, 2016 19,121,593.00 38,019.00 Aug 1, 2016 19,083,574.00 38,019.00 Sep 1, 2016 19,045,555.00 38,019.00 Oct 1, 2016 19,007,536.00 38,019.00 Nov 1, 2016 18,969,517.00 38,019.00 Dec 1, 2016 18,931,498.00 38,019.00 Jan 1, 2017 18,893,479.00 38,019.00 Feb 1, 2017 18,855,460.00 39,999.00 Mar 1, 2017 18,815,461.00 39,999.00 Apr 1, 2017 18,775,462.00 39,999.00 May 1, 2017 18,735,463.00 39,999.00 Jun 1, 2017 18,695,464.00 39,999.00 Jul 1, 2017 18,655,465.00 39,999.00 Aug 1, 2017 18,615,466.00 39,999.00 Sep 1, 2017 18,575,467.00 39,999.00 Oct 1, 2017 18,535,468.00 39,999.00 Nov 1, 2017 18,495,469.00 39,999.00 Dec 1, 2017 18,455,470.00 39,999.00 Jan 1, 2018 18,415,471.00 39,999.00 Feb 1, 2018 18,375,472.00 41,863.00 Mar 1, 2018 18,333,609.00 41,863.00 Apr 1, 2018 18,291,746.00 41,863.00 May 1, 2018 18,249,883.00 41,863.00 Jun 1, 2018 18,208,020.00 41,863.00 Jul 1, 2018 18,166,157.00 41,863.00 Aug 1, 2018 18,124,294.00 41,863.00 Sep 1, 2018 18,082,431.00 41,863.00 Oct 1, 2018 18,040,568.00 41,863.00 Nov 1, 2018 17,998,705.00 41,863.00 Dec 1, 2018 17,956,842.00 41,863.00 Jan 1, 2019 17,914,979.00 41,863.00 Feb 1, 2019 17,873,116.00 43,813.00 Mar 1, 2019 17,829,303.00 43,813.00 Apr 1, 2019 17,785,490.00 43,813.00 May 1, 2019 17,741,677.00 43,813.00 Jun 1, 2019 17,697,864.00 43,813.00 Jul 1, 2019 17,654,051.00 43,813.00 Aug 1, 2019 17,610,238.00 43,813.00 Sep 1, 2019 17,566,425.00 43,813.00 Oct 1, 2019 17,522,612.00 43,813.00 Nov 1, 2019 17,478,799.00 43,813.00 Dec 1, 2019 17,434,986.00 43,813.00 Jan 1, 2020 17,391,173.00 43,813.00 Feb 1, 2020 17,347,360.00 45,667.00 Mar 1, 2020 17,301,693.00 45,667.00 Apr 1, 2020 17,256,026.00 45,667.00 Payment Date Balance Prior to Payment Principal Payment Amount May 1, 2020 17,210,359.00 45,667.00 Jun 1, 2020 17,164,692.00 45,667.00 Jul 1, 2020 17,119,025.00 45,667.00 Aug 1, 2020 17,073,358.00 45,667.00 Sep 1, 2020 17,027,691.00 45,667.00 Oct 1, 2020 16,982,024.00 45,667.00 Nov 1, 2020 16,936,357.00 45,667.00 Dec 1, 2020 16,890,690.00 45,667.00 Jan 1, 2021 16,845,023.00 45,667.00 Feb 1, 2021 16,799,356.00 47,982.00 Mar 1, 2021 16,751,374.00 47,982.00 Apr 1, 2021 16,703,392.00 47,982.00 May 1, 2021 16,655,410.00 47,982.00 Jun 1, 2021 16,607,428.00 47,982.00 Jul 1, 2021 16,559,446.00 47,982.00 Aug 1, 2021 16,511,464.00 47,982.00 Sep 1, 2021 16,463,482.00 47,982.00 Oct 1, 2021 16,415,500.00 47,982.00 Nov 1, 2021 16,367,518.00 47,982.00 Dec 1, 2021 16,319,536.00 47,982.00 Jan 1, 2022 16,271,554.00 47,982.00 Feb 1, 2022 16,223,572.00 50,217.00 Mar 1, 2022 16,173,355.00 50,217.00 Apr 1, 2022 16,123,138.00 50,217.00 May 1, 2022 16,072,921.00 50,217.00 Jun 1, 2022 16,022,704.00 50,217.00 Jul 1, 2022 15,972,487.00 50,217.00 Aug 1, 2022 15,922,270.00 50,217.00 Sep 1, 2022 15,872,053.00 50,217.00 Oct 1, 2022 15,821,836.00 50,217.00 Nov 1, 2022 15,771,619.00 50,217.00 Dec 1, 2022 15,721,402.00 50,217.00 Jan 1, 2023 15,671,185.00 50,217.00 Feb 1, 2023 15,620,968.00 52,557.00 Mar 1, 2023 15,568,411.00 52,557.00 Apr 1, 2023 15,515,854.00 52,557.00 May 1, 2023 15,463,297.00 52,557.00 Jun 1, 2023 15,410,740.00 52,557.00 Jul 1, 2023 15,358,183.00 52,557.00 Aug 1, 2023 15,305,626.00 52,557.00 Sep 1, 2023 15,253,069.00 52,557.00 Oct 1, 2023 15,200,512.00 52,557.00 Nov 1, 2023 15,147,955.00 52,557.00 Dec 1, 2023 15,095,398.00 52,557.00 Jan 1, 2024 15,042,841.00 52,557.00 Feb 1, 2024 14,990,284.00 54,844.00 Mar 1, 2024 14,935,440.00 54,844.00 Apr 1, 2024 14,880,596.00 54,844.00 May 1, 2024 14,825,752.00 54,844.00 Jun 1, 2024 14,770,908.00 54,844.00 Jul 1, 2024 14,716,064.00 54,844.00 Aug 1, 2024 14,661,220.00 54,844.00 Sep 1, 2024 14,606,376.00 54,844.00 Oct 1, 2024 14,551,532.00 54,844.00 Nov 1, 2024 14,496,688.00 54,844.00 Dec 1, 2024 14,441,844.00 54,844.00 Jan 1, 2025 14,387,000.00 14,387,000.00
Appears in 1 contract
Samples: Griffin Land & Nurseries Inc
Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO THE COMMERCIAL LOAN TRANSACTION EVIDENCED BY EACH AND EVERY GUARANTOR OF THIS NOTE, THE LOAN AGREEMENT, AND EACH OTHER PERSON OR ENTITY WHO MAY BECOME LIABLE FOR ALL OR ANY OTHER LOAN DOCUMENTS EVIDENCING OR SECURING PART OF THIS OBLIGATION, HEREBY ACKNOWLEDGE THAT THE SAME, BORROWER AGREES THAT TRANSACTION OF WHICH THIS AGREEMENT IS A PART IS A COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO NOTICE AND A HEARING UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, OR OTHER STATUTE OR STATUTES AFFECTING PREJUDGMENT REMEDIES AND AUTHORIZES LENDER’S ATTORNEY TO ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER. BORROWER ACKNOWELDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT TO ANY NOTICE OR PRIOR HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF BORROWER IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL UNLESS A COURT OF COMPETENT JURISDICTION DETERMINES OTHERWISE. FURTHER, TO THE EXTENT ALLOWED UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278a TO 52-278m, INCLUSIVE, OR BY OTHER APPLICABLE LAW, BORROWER HEREBY WAIVES DEMAND, PRESENTMENT FOR PAYMENT, PROTEST, NOTICE OF PROTEST, NOTICE OF DISHONOR, DILIGENCE IN COLLECTION, NOTICE OF NONPAYMENT LAW EACH AND EVERY GUARANTOR OF THIS NOTE AGREEMENT HEREBY WAIVE (A) ALL RIGHTS TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER IN CONNECTION WITH ANY AND ALL NOTICES PREJUDGMENT REMEDIES TO WHICH PURCHASER MAY BECOME ENTITLED BY VIRTUE OF A LIKE NATURE. FURTHER BORROWER WAIVES ANY DEFAULT OR PROVISION OF THIS AGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENTAND (B) ALL RIGHTS TO REQUEST THAT LENDER PURCHASER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT THE COMPANY SAID GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSD CAUSED BY ANY SUCH PREJUDGMENT REMEDY SOUGHT OR REMEDIESOBTAINED BY PURCHASER BY VIRTUE OF ANY DEFAULT OR PROVISION OF THIS AGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENT. Owner(s)/Guarantor(s) Initials [______] AS PART OF THE SAID PREJUDGMENT REMEDY WAIVER ABOVE, EACH AND EVERY GUARANTOR OF THIS AGREEMENT, AND EACH OTHER PERSON OR ENTITY WHO MAY BECOME LIABLE FOR ALL OR ANY PART OF THIS OBLIGATION HEREBY ACKNOWLEDGE, UNDERSTAND, AGREE AND CONSENT THAT PURCHASER MAY ATTACH OR GARNISH ANY AND ALL OF GUARANTOR’S MONEY HELD IN ANY BANK ACCOUNT AT A BANKING INSTITUTION IF THAT BANKING INSTITUTION HAS A BRANCH, ATM OR OFFICE PHYSICALLY LOCATED IN CONNECTICUT AND/OR IS REGISTERED TO CONDUCT BUSINESS IN CONNECTICUT. SELLER # 1 (Print) By (First Name): CXXX (Last Name): RXXXXXXXX Email: cxxx.xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Business Phone: (000) 000-0000 (Title): OWNER SELLER # 2 (Print) By (First Name): (Last Name): Email: Business Phone: (Title): OWNER/GUARANTOR # 1 (Print) By (First Name): CXXX (Last Name): RXXXXXXXX Email: cxxx.xxxxxxxxx@xxxxxxxxxxxxxxxx.xxx Business Phone: (000) 000-0000 (Title): OWNER OWNER/GUARANTOR # 2 (Print) By (First Name): (Last Name): Email: Business Phone: (Title): Owner(s)/Guarantor(s) Initials [______] EXHIBIT C - ACH AUTHORIZATION This ACH Authorization (the “ACH”) is entered into on 09/19/2023, by and between Fundonatic (“Purchaser”), FIRST PERSON INC d/b/a FIRST PERSON (the “Merchant”) and CXXX XXXXXXXXX (the “Guarantor”) (collectively, the “Parties”).
Appears in 1 contract
Samples: Future Receivables Sale and Purchase Agreement (First Person Ltd.)
Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO MORTGAGOR HEREBY REPRESENTS, XXXXXXXTS AND AGREES THAT THE COMMERCIAL LOAN TRANSACTION EVIDENCED BY THIS NOTE, PROCEEDS OF THE LOAN AGREEMENT, SHALL BE USED FOR GENERAL COMMERCIAL PURPOSES AND ANY OTHER LOAN DOCUMENTS EVIDENCING OR SECURING THAT THE SAME, BORROWER AGREES THAT TRANSACTION OF WHICH THIS MORTGAGE IS A PART IS A "COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND " AS DEFINED BY THE STATUTES OF THE STATE OF CONNECTICUT. MORTGAGOR HEREBY WAIVES ANY RIGHT TO NOTICE AND A ALX XXXXXX XX XXXXXX XXX PRIOR COURT HEARING OR COURT ORDER UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, SECTIONS 52-278A et seq., AS AMENDED, OR UNDER ANY OTHER STATUTE STATE OR STATUTES AFFECTING FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES MORTGAGEE MAY EMPLOY TO ENFORCE ITS RIGHTS AND AUTHORIZES LENDER’S REMEDIES HEREUNDER. MORE SPECIFICALLY, MORTGAGOR ACKNOWLEDGES THAT XXXXXXXXX'S ATTORNEY MAY, PURSUANT TO CONNECTICUT GENERAL STATUTES SECTION 52-278f, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED . MORTGAGOR ACKNOWLEDGES AND REXXXXXX XXS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER. BORROWER ACKNOWELDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTYBY MORTGAGEE'S ATTORNEY, AND SUCH WRIT FOR MORTGAGEE ACKNOWLEDGES MORTGAGOR'S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. MORTGAGOR FURTHER HEREBY WXXXXX XXX REQUIREMENT OR OBLIGATION OF MORTGAGEE TO POST A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW BOND OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT TO SECURITY IN CONNECTION WITH ANY NOTICE OR PRIOR HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF BORROWER IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID BY MORTGAGEE AND CONSTITUTIONAL UNLESS A COURT WAIVES ANY OBJECTIONS TO ANY PREJUDGMENT REMEDY OBTAINED BY MORTGAGEE BASED ON ANY OFFSETS, CLAIMS, DEFENSES OR COUNTERCLAIMS OF COMPETENT JURISDICTION DETERMINES OTHERWISEMORTGAGOR OR ANY OTHER PARTY PRIMARILY OR SECONDARILY LIABLE UNDER ANY OF THE OTHER LOAN DOCUMENTS TO ANY ACTION BROUGHT BY MORTGAGEE. FURTHERMORTGAGOR ACKNOWLEDGES AND XXXXXX XHAT ALL OF THE WAIVERS CONTAINED IN THIS PARAGRAPH HAVE BEEN MADE KNOWINGLY, TO VOLUNTARILY, INTENTIONALLY AND INTELLIGENTLY, AND WITH THE EXTENT ALLOWED UNDER APPLICABLE LAW, BORROWER HEREBY WAIVES DEMAND, PRESENTMENT FOR PAYMENT, PROTEST, NOTICE ADVISE OF PROTEST, NOTICE OF DISHONOR, DILIGENCE IN COLLECTION, NOTICE OF NONPAYMENT OF THIS NOTE AND ANY AND ALL NOTICES OF A LIKE NATURE. FURTHER BORROWER WAIVES ALL RIGHTS TO REQUEST THAT LENDER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT THE COMPANY AGAINST DAMAGES THAT MAY BE CAUSD BY ANY SUCH REMEDY OR REMEDIESITS COUNSEL.
Appears in 1 contract
Samples: Sonics & Materials Inc
Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO THE COMMERCIAL LOAN TRANSACTION BORROWER HEREBY REPRESENTS, WARRANTS AND ACKNOWLEDGES THAT THE FINANCING EVIDENCED BY THIS NOTE, THE LOAN AGREEMENT, AND ANY OTHER LOAN DOCUMENTS EVIDENCING OR SECURING THE SAME, BORROWER AGREES THAT THIS HEREBY IS A COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO NOTICE AND A HEARING UNDER WITHIN THE MEANING OF CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, . THE BORROWER HEREBY WAIVES ITS RIGHT TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278A ET. SEQ. AS AMENDED OR UNDER ANY OTHER STATUTE STATE OR STATUTES AFFECTING FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES THE LENDER MAY EMPLOY TO ENFORCE ITS RIGHTS AND AUTHORIZES REMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS. MORE SPECIFICALLY, THE BORROWER ACKNOWLEDGES THAT UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT THE LENDER’S ATTORNEY TO MAY, PURSUANT TO, AND IN ACCORDANCE WITH, CONN. GEN. STATE. §52-278F, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER WAIVER. THE BORROWER ACKNOWLEDGES AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER. BORROWER ACKNOWELDGES AS AFORESAID AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN LENDER ACKNOWLEDGES THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT TO ANY NOTICE OR PRIOR SAID HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURESUBSEQUENT TO THE ISSUANCE OF SAID WRIT. THE INTENT OF BORROWER IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS FURTHER WAIVES ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL UNLESS A COURT OF COMPETENT JURISDICTION DETERMINES OTHERWISE. FURTHER, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, BORROWER HEREBY WAIVES DEMAND, PRESENTMENT FOR PAYMENT, PROTEST, NOTICE OF PROTEST, NOTICE OF DISHONOR, DILIGENCE IN COLLECTION, NOTICE OF NONPAYMENT OF THIS NOTE AND ANY AND ALL NOTICES OF A LIKE NATURE. FURTHER BORROWER WAIVES ALL RIGHTS TO REQUEST THAT THE LENDER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT THE COMPANY BORROWER AGAINST DAMAGES THAT MAY BE CAUSD CAUSED BY ANY SUCH PREJUDGMENT REMEDY SOUGHT OR REMEDIESOBTAINED BY THE LENDER.
Appears in 1 contract
Samples: Security Agreement (Lydall Inc /De/)
Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO THE COMMERCIAL LOAN TRANSACTION GUARANTOR HEREBY REPRESENTS, WARRANTS AND ACKNOWLEDGES THAT THE FINANCING EVIDENCED BY THIS NOTE, THE LOAN AGREEMENT, AND ANY OTHER LOAN DOCUMENTS EVIDENCING OR SECURING THE SAME, BORROWER AGREES THAT THIS HEREBY IS A COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO NOTICE AND A HEARING UNDER WITHIN THE MEANING OF CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, . THE GUARANTOR HEREBY WAIVES ITS RIGHT TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278A ET. SEQ. AS AMENDED OR UNDER ANY OTHER STATUTE STATE OR STATUTES AFFECTING FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES THE LENDER MAY EMPLOY TO ENFORCE ITS RIGHTS AND AUTHORIZES REMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS. MORE SPECIFICALLY, THE GUARANTOR ACKNOWLEDGES THAT UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT THE LENDER’S ATTORNEY TO MAY, PURSUANT TO, AND IN ACCORDANCE WITH, CONN. GEN. 3702062.pdf STATE. §52-278F, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER WAIVER. THE GUARANTOR ACKNOWLEDGES AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER. BORROWER ACKNOWELDGES AS AFORESAID AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF LENDERLENDER ACKNOWLEDGES THE GUARANTOR’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT TO ANY NOTICE OR PRIOR SAID HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURESUBSEQUENT TO THE ISSUANCE OF SAID WRIT. THE INTENT OF BORROWER IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS GUARANTOR FURTHER WAIVES ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL UNLESS A COURT OF COMPETENT JURISDICTION DETERMINES OTHERWISE. FURTHER, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, BORROWER HEREBY WAIVES DEMAND, PRESENTMENT FOR PAYMENT, PROTEST, NOTICE OF PROTEST, NOTICE OF DISHONOR, DILIGENCE IN COLLECTION, NOTICE OF NONPAYMENT OF THIS NOTE AND ANY AND ALL NOTICES OF A LIKE NATURE. FURTHER BORROWER WAIVES ALL RIGHTS TO REQUEST THAT THE LENDER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT THE COMPANY GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSD CAUSED BY ANY SUCH PREJUDGMENT REMEDY SOUGHT OR REMEDIESOBTAINED BY THE LENDER. 26.
Appears in 1 contract
Samples: Security Agreement
Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO THE COMMERCIAL LOAN TRANSACTION BORROWER ACKNOWLEDGES THAT THE FINANCING EVIDENCED BY THIS NOTE, THE LOAN AGREEMENT, AND ANY OTHER LOAN DOCUMENTS EVIDENCING OR SECURING THE SAME, BORROWER AGREES THAT THIS HEREBY IS A COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO NOTICE AND A HEARING UNDER WITHIN THE MEANING OF CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, . THE BORROWER HEREBY WAIVES ITS RIGHT TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278a ET. SEQ. AS AMENDED, AMENDED OR UNDER ANY OTHER STATUTE STATE OR STATUTES AFFECTING FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES THAT EACH OF THE AGENT AND/OR THE LENDERS MAY EMPLOY TO ENFORCE ITS RIGHTS AND AUTHORIZES REMEDIES HEREUNDER. MORE SPECIFICALLY, THE BORROWER ACKNOWLEDGES THAT THE AGENT'S AND/OR ANY LENDER’S 'S ATTORNEY MAY, PURSUANT TO CONN. GEN. STAT. SECTION 52-278F, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED . THE COMPLAINT SHALL SET FORTH BORROWER ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A COPY OF THIS WAIVER AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH HEARING SUBSEQUENT TO THE ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER. BORROWER ACKNOWELDGES AS AFORESAID AND STIPULATES THAT SUCH WAIVER EACH OF THE AGENT AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT EACH LENDER ACKNOWLEDGES THE EXERCISE OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE 'S RIGHT TO ANY NOTICE OR PRIOR SAID HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF BORROWER IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL UNLESS A COURT OF COMPETENT JURISDICTION DETERMINES OTHERWISE. FURTHER, SUBSEQUENT TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, BORROWER HEREBY WAIVES DEMAND, PRESENTMENT FOR PAYMENT, PROTEST, NOTICE ISSUANCE OF PROTEST, NOTICE OF DISHONOR, DILIGENCE IN COLLECTION, NOTICE OF NONPAYMENT OF THIS NOTE AND ANY AND ALL NOTICES OF A LIKE NATURE. FURTHER BORROWER WAIVES ALL RIGHTS TO REQUEST THAT LENDER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT THE COMPANY AGAINST DAMAGES THAT MAY BE CAUSD BY ANY SUCH REMEDY OR REMEDIESSAID WRIT.
Appears in 1 contract
Samples: Security Agreement (Scan Optics Inc)
Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO THE COMMERCIAL LOAN TRANSACTION BORROWER HEREBY REPRESENTS, WARRANTS AND ACKNOWLEDGES THAT THE FINANCING EVIDENCED BY THIS NOTE, THE LOAN AGREEMENT, AND ANY OTHER LOAN DOCUMENTS EVIDENCING OR SECURING THE SAME, BORROWER AGREES THAT THIS HEREBY IS A COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO NOTICE AND A HEARING UNDER WITHIN THE MEANING OF CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, . THE BORROWER HEREBY WAIVES ITS RIGHT TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278a ET. SEQ. AS AMENDED OR UNDER ANY OTHER STATUTE STATE OR STATUTES AFFECTING FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES THE AGENT MAY EMPLOY TO ENFORCE ITS RIGHTS AND AUTHORIZES LENDERREMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS. MORE SPECIFICALLY, THE BORROWER ACKNOWLEDGES THAT UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT THE AGENT’S ATTORNEY TO MAY, PURSUANT TO, AND IN ACCORDANCE WITH, CONN. GEN. STAT. §52-278f, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER WAIVER. THE BORROWER ACKNOWLEDGES AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER. BORROWER ACKNOWELDGES AS AFORESAID AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN AGENT ACKNOWLEDGES THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT TO ANY NOTICE OR PRIOR SAID HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURESUBSEQUENT TO THE ISSUANCE OF SAID WRIT. THE INTENT OF BORROWER IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS FURTHER WAIVES ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL UNLESS A COURT OF COMPETENT JURISDICTION DETERMINES OTHERWISE. FURTHER, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, BORROWER HEREBY WAIVES DEMAND, PRESENTMENT FOR PAYMENT, PROTEST, NOTICE OF PROTEST, NOTICE OF DISHONOR, DILIGENCE IN COLLECTION, NOTICE OF NONPAYMENT OF THIS NOTE AND ANY AND ALL NOTICES OF A LIKE NATURE. FURTHER BORROWER WAIVES ALL RIGHTS TO REQUEST THAT LENDER THE AGENT POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT THE COMPANY BORROWER AGAINST DAMAGES THAT MAY BE CAUSD CAUSED BY ANY SUCH PREJUDGMENT REMEDY SOUGHT OR REMEDIESOBTAINED BY THE AGENT.
Appears in 1 contract
Samples: Security Agreement (Lydall Inc /De/)
Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO THE COMMERCIAL LOAN TRANSACTION EVIDENCED BY THIS NOTE, INDEMNITORS ACKNOWLEDGE THAT IT HAS THE LOAN AGREEMENT, AND ANY OTHER LOAN DOCUMENTS EVIDENCING OR SECURING THE SAME, BORROWER AGREES THAT THIS IS A COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO NOTICE AND A HEARING UNDER CHAPTER 903a SECTION 52-278a ET SEQ. OF THE CONNECTICUT GENERAL STATUTES, AS AMENDEDSUBJECT TO CERTAIN LIMITATIONS, OR OTHER STATUTE OR STATUTES AFFECTING PREJUDGMENT REMEDIES TO NOTICE OF AND AUTHORIZES LENDER’S ATTORNEY HEARING ON THE RIGHT OF THE LENDER TO ISSUE A WRIT FOR OBTAIN A PREJUDGMENT REMEDY WITHOUT REMEDY, SUCH AS ATTACHMENT, GARNISHMENT OR REPLEVIN, UPON COMMENCING ANY LITIGATION AGAINST THE INDEMNITORS. NOTWITHSTANDING SUCH RIGHT, THE INDEMNITORS HEREBY WAIVE ALL RIGHTS TO NOTICE, JUDICIAL HEARING OR PRIOR COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER AND WAIVES ANY CLAIM IN TORT, CONTRACT OR ORDER TO WHICH IT MIGHT OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER. BORROWER ACKNOWELDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT TO UNDER SAID STATUTE OR UNDER ANY NOTICE OTHER STATE OR PRIOR HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDUREFEDERAL STATUTE OR CONSTITUTION IN CONNECTION WITH THE OBTAINING BY THE LENDER OF ANY PREJUDGMENT REMEDY IN CONNECTION WITH THIS AGREEMENT. THE INTENT INDEMNITORS FURTHER CONSENT TO THE ISSUANCE OF BORROWER IS ANY PREJUDGMENT REMEDIES WITHOUT A BOND AND AGREES NOT TO GRANT REQUEST OR FILE MOTIONS SEEKING TO LENDER FOR GOOD REQUIRE THE POSTING OF A BOND UNDER PUBLIC ACT 93-431 IN CONNECTION WITH THE LENDER’S EXERCISE OF ANY PREJUDGMENT REMEDY. THE INDEMNITORS ALSO WAIVE ANY AND VALUABLE CONSIDERATION ALL OBJECTION WHICH IT MIGHT OTHERWISE ASSERT, NOW OR IN THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL UNLESS A COURT OF COMPETENT JURISDICTION DETERMINES OTHERWISE. FURTHERFUTURE, TO THE EXTENT ALLOWED EXERCISE OR USE BY THE LENDER OF ANY RIGHT OF SETOFF, REPOSSESSION OR SELF HELP AS MAY PRESENTLY EXIST UNDER APPLICABLE STATUTE OR COMMON LAW, BORROWER HEREBY WAIVES DEMANDAND TO THE EXTENT PERMITTED BY LAW, PRESENTMENT FOR PAYMENTTHE BENEFITS OF ALL PRESENT AND FUTURE VALUATION, PROTESTAPPRAISEMENT, NOTICE OF PROTESTHOMESTEAD, NOTICE OF DISHONOREXEMPTION, DILIGENCE IN COLLECTIONSTAY, NOTICE OF NONPAYMENT OF THIS NOTE REDEMPTION AND ANY AND ALL NOTICES OF A LIKE NATURE. FURTHER BORROWER WAIVES ALL RIGHTS TO REQUEST THAT LENDER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT THE COMPANY AGAINST DAMAGES THAT MAY BE CAUSD BY ANY SUCH REMEDY OR REMEDIESMORATORIUM LAWS.
Appears in 1 contract
Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO THE COMMERCIAL LOAN TRANSACTION BORROWER HEREBY REPRESENTS, WARRANTS AND ACKNOWLEDGES THAT THE FINANCING EVIDENCED BY THIS NOTE, THE LOAN AGREEMENT, AND ANY OTHER LOAN DOCUMENTS EVIDENCING OR SECURING THE SAME, BORROWER AGREES THAT THIS HEREBY IS A COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO NOTICE AND A HEARING UNDER WITHIN THE MEANING OF CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, . THE BORROWER HEREBY WAIVES ITS RIGHT TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278A ET. SEQ. AS AMENDED OR UNDER ANY OTHER STATUTE STATE OR STATUTES AFFECTING FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES THE LENDER MAY EMPLOY TO ENFORCE ITS RIGHTS AND AUTHORIZES REMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS. MORE SPECIFICALLY, THE BORROWER ACKNOWLEDGES THAT UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT THE LENDER’S ATTORNEY TO MAY, PURSUANT TO, AND IN ACCORDANCE WITH, CONN. GEN. STATE. §52-278F, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, ORDER PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER WAIVER. THE BORROWER ACKNOWLEDGES AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER. BORROWER ACKNOWELDGES AS AFORESAID AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN LENDER ACKNOWLEDGES THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE 'S RIGHT TO ANY NOTICE OR PRIOR SAID HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURESUBSEQUENT TO THE ISSUANCE OF SAID WRIT. THE INTENT OF BORROWER IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS FURTHER WAIVES ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL UNLESS A COURT OF COMPETENT JURISDICTION DETERMINES OTHERWISE. FURTHER, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, BORROWER HEREBY WAIVES DEMAND, PRESENTMENT FOR PAYMENT, PROTEST, NOTICE OF PROTEST, NOTICE OF DISHONOR, DILIGENCE IN COLLECTION, NOTICE OF NONPAYMENT OF THIS NOTE AND ANY AND ALL NOTICES OF A LIKE NATURE. FURTHER BORROWER WAIVES ALL RIGHTS TO REQUEST THAT THE LENDER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT THE COMPANY BORROWER AGAINST DAMAGES THAT MAY BE CAUSD CAUSED BY ANY SUCH PREJUDGMENT REMEDY SOUGHT OR REMEDIESOBTAINED BY THE LENDER.
Appears in 1 contract
Samples: Credit Agreement (Lydall Inc /De/)
Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO BORROWER HEREBY REPRESENTS, COVENANTS AND AGREES THAT THE COMMERCIAL LOAN TRANSACTION EVIDENCED BY THIS NOTE, PROCEEDS OF THE LOAN AGREEMENT, SHALL BE USED FOR GENERAL COMMERCIAL PURPOSES AND ANY OTHER THAT THE LOAN DOCUMENTS EVIDENCING OR SECURING THE SAME, BORROWER AGREES THAT THIS IS A “COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND ” AS DEFINED BY THE STATUTES OF THE STATE OF CONNECTICUT. BORROWER HEREBY WAIVES ANY RIGHT ALL RIGHTS TO NOTICE AND A PRIOR COURT HEARING OR COURT ORDER UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, SECTIONS 52-278a ET SEQ., AS AMENDED, OR UNDER ANY OTHER STATUTE STATE OR STATUTES AFFECTING FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES LENDER MAY EMPLOY TO ENFORCE ITS RIGHTS AND AUTHORIZES LENDERREMEDIES HEREUNDER. MORE SPECIFICALLY, XXXXXXXX ACKNOWLEDGES THAT XXXXXX’S ATTORNEY MAY, PURSUANT TO CONNECTICUT GENERAL STATUTES, SECTION 52-278f, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED . BORROWER ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDERBY XXXXXX’S ATTORNEY, AND XXXXXX ACKNOWLEDGES XXXXXXXX’S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. BORROWER ACKNOWELDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE FURTHER HEREBY WAIVES ANY REQUIREMENT OR OBLIGATION OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTY, AND SUCH WRIT FOR LENDER TO POST A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW BOND OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT TO SECURITY IN CONNECTION WITH ANY NOTICE OR PRIOR HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF BORROWER IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID BY LENDER AND CONSTITUTIONAL UNLESS WAIVES ANY OBJECTIONS TO ANY PREJUDGMENT REMEDY OBTAINED BY LENDER BASED ON ANY OFFSETS, CLAIMS, DEFENSES OR COUNTERCLAIMS OF BORROWER OR ANY OTHER OBLIGATED PARTY TO ANY ACTION BROUGHT BY XXXXXX. XXXXXXXX ACKNOWLEDGES AND AGREES THAT ALL OF THE WAIVERS CONTAINED IN THIS SECTION HAVE BEEN MADE KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND INTELLIGENTLY, AND WITH THE ADVICE OF ITS COUNSEL. RIVERBEND BETHLEHEM HOLDINGS I LLC By: Riverbend Lehigh Valley Holdings II LLC Its Sole Member By: Xxxxxxx Land, LLC Its Sole Member By: Xxxxxxx Land & Nurseries, Inc. Its Sole Member By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: President SCHEDULE A COURT OF COMPETENT JURISDICTION DETERMINES OTHERWISE. FURTHERLoan Amortization Schedule Payment Date Balance Prior to Payment Principal Payment Amount October 1, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW2013 9,100,000.00 15,620.00 November 1, BORROWER HEREBY WAIVES DEMAND2013 9,084,380.00 15,620.00 December 1, PRESENTMENT FOR PAYMENT2013 9,068,760.00 15,620.00 January 1, PROTEST2014 9,053,140.00 15,620.00 February 1, NOTICE OF PROTEST2014 9,037,520.00 16,241.00 March 1, NOTICE OF DISHONOR2014 9,021,279.00 16,241.00 April 1, DILIGENCE IN COLLECTION2014 9,005,038.00 16,241.00 May 1, NOTICE OF NONPAYMENT OF THIS NOTE AND ANY AND ALL NOTICES OF A LIKE NATURE. FURTHER BORROWER WAIVES ALL RIGHTS TO REQUEST THAT LENDER POST A BOND2014 8,988,797.00 16,241.00 June 1, WITH OR WITHOUT SURETY2014 8,972,556.00 16,241.00 July 1, TO PROTECT THE COMPANY AGAINST DAMAGES THAT MAY BE CAUSD BY ANY SUCH REMEDY OR REMEDIES.2014 8,956,315.00 16,241.00 August 1, 2014 8,940,074.00 16,241.00 September 1, 2014 8,923,833.00 16,241.00 October 1, 2014 8,907,592.00 16,241.00 November 1, 2014 8,891,351.00 16,241.00 December 1, 2014 8,875,110.00 16,241.00 January 1, 2015 8,858,869.00 16,241.00 February 1, 2015 8,842,628.00 17,048.00 March 1, 2015 8,825,580.00 17,048.00 April 1, 2015 8,808,532.00 17,048.00 May 1, 2015 8,791,484.00 17,048.00 June 1, 2015 8,774,436.00 17,048.00 July 1, 2015 8,757,388.00 17,048.00 August 1, 2015 8,740,340.00 17,048.00 September 1, 2015 8,723,292.00 17,048.00 October 1, 2015 8,706,244.00 17,048.00 November 1, 2015 8,689,196.00 17,048.00 December 1, 2015 8,672,148.00 17,048.00 January 1, 2016 8,655,100.00 17,048.00 February 1, 2016 8,638,052.00 17,795.00 March 1, 2016 8,620,257.00 17,795.00 April 1, 2016 8,602,462.00 17,795.00 May 1, 2016 8,584,667.00 17,795.00 June 1, 2016 8,566,872.00 17,795.00 July 1, 2016 8,549,077.00 17,795.00 August 1, 2016 8,531,282.00 17,795.00 September 1, 2016 8,513,487.00 17,795.00 October 1, 2016 8,495,692.00 17,795.00 November 1, 2016 8,477,897.00 17,795.00 December 1, 2016 8,460,102.00 17,795.00 January 1, 2017 8,442,307.00 17,795.00 February 1, 2017 8,424,512.00 18,778.00 March 1, 2017 8,405,734.00 18,778.00 April 1, 2017 8,386,956.00 18,778.00 Payment Date Balance Prior to Payment Principal Payment Amount May 1, 2017 8,368,178.00 18,778.00 June 1, 2017 8,349,400.00 18,778.00 July 1, 2017 8,330,622.00 18,778.00 August 1, 2017 8,311,844.00 18,778.00 September 1, 2017 8,293,066.00 18,778.00 October 1, 2017 8,274,288.00 18,778.00 November 1, 2017 8,255,510.00 18,778.00 December 1, 2017 8,236,732.00 18,778.00 January 1, 2018 8,217,954.00 18,778.00 February 1, 2018 8,199,176.00 19,711.00 March 1, 2018 8,179,465.00 19,711.00 April 1, 2018 8,159,754.00 19,711.00 May 1, 2018 8,140,043.00 19,711.00 June 1, 2018 8,120,332.00 19,711.00 July 1, 2018 8,100,621.00 19,711.00 August 1, 2018 8,080,910.00 19,711.00 September 1, 2018 8,061,199.00 19,711.00 October 1, 2018 8,041,488.00 19,711.00 November 1, 2018 8,021,777.00 19,711.00 December 1, 2018 8,002,066.00 19,711.00 January 1, 2019 7,982,355.00 19,711.00 February 1, 2019 7,962,644.00 20,690.00 March 1, 2019 7,941,954.00 20,690.00 April 1, 2019 7,921,264.00 20,690.00 May 1, 2019 7,900,574.00 20,690.00 June 1, 2019 7,879,884.00 20,690.00 July 1, 2019 7,859,194.00 20,690.00 August 1, 2019 7,838,504.00 20,690.00 September 1, 2019 7,817,814.00 20,690.00 October 1, 2019 7,797,124.00 20,690.00 November 1, 2019 7,776,434.00 20,690.00 December 1, 2019 7,755,744.00 20,690.00 January 1, 2020 7,735,054.00 20,690.00 February 1, 2020 7,714,364.00 21,628.00 March 1, 2020 7,692,736.00 21,628.00 April 1, 2020 7,671,108.00 21,628.00 May 1, 2020 7,649,480.00 21,628.00 June 1, 2020 7,627,852.00 21,628.00 July 1, 2020 7,606,224.00 21,628.00 August 1, 2020 7,584,596.00 21,628.00 September 1, 2020 7,562,968.00 21,628.00 October 1, 2020 7,541,340.00 21,628.00 November 1, 2020 7,519,712.00 21,628.00 December 1, 2020 7,498,084.00 21,628.00 January 1, 2021 7,476,456.00 21,628.00 February 1, 2021 7,454,828.00 22,791.00 March 1, 2021 7,432,037.00 22,791.00 April 1, 2021 7,409,246.00 22,791.00 May 1, 2021 7,386,455.00 22,791.00 June 1, 2021 7,363,664.00 22,791.00 July 1, 2021 7,340,873.00 22,791.00 August 1, 2021 7,318,082.00 22,791.00 September 1, 2021 7,295,291.00 22,791.00 October 1, 2021 7,272,500.00 22,791.00 Payment Date Balance Prior to Payment Principal Payment Amount November 1, 2021 7,249,709.00 22,791.00 December 1, 2021 7,226,918.00 22,791.00 January 1, 2022 7,204,127.00 22,791.00 February 1, 2022 7,181,336.00 23,924.00 March 1, 2022 7,157,412.00 23,924.00 April 1, 2022 7,133,488.00 23,924.00 May 1, 2022 7,109,564.00 23,924.00 June 1, 2022 7,085,640.00 23,924.00 July 1, 2022 7,061,716.00 23,924.00 August 1, 2022 7,037,792.00 23,924.00 September 1, 2022 7,013,868.00 23,924.00 October 1, 2022 6,989,944.00 23,924.00 November 1, 2022 6,966,020.00 23,924.00 December 1, 2022 6,942,096.00 23,924.00 January 1, 2023 6,918,172.00 23,924.00 February 1, 2023 6,894,248.00 24,946.00 March 1, 2023 6,869,302.00 24,946.00 April 1, 2023 6,844,356.00 24,946.00 May 1, 2023 6,819,410.00 24,946.00 June 1, 2023 6,794,464.00 24,946.00 July 1, 2023 6,769,518.00 24,946.00 August 1, 2023 6,744,572.00 24,946.00 September 1, 2023 6,719,626.00 6,719,626.00
Appears in 1 contract
Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO THE COMMERCIAL LOAN TRANSACTION EVIDENCED BY EACH AND EVERY GUARANTOR OF THIS NOTE, THE LOAN AGREEMENT, AND EACH OTHER PERSON OR ENTITY WHO MAY BECOME LIABLE FOR ALL OR ANY OTHER LOAN DOCUMENTS EVIDENCING OR SECURING PART OF THIS OBLIGATION, HEREBY ACKNOWLEDGE THAT THE SAME, BORROWER AGREES THAT TRANSACTION OF WHICH THIS AGREEMENT IS A PART IS A COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO NOTICE AND A HEARING UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, OR OTHER STATUTE OR STATUTES AFFECTING PREJUDGMENT REMEDIES AND AUTHORIZES LENDER’S ATTORNEY TO ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER. BORROWER ACKNOWELDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT TO ANY NOTICE OR PRIOR HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF BORROWER IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL UNLESS A COURT OF COMPETENT JURISDICTION DETERMINES OTHERWISE. FURTHER, TO THE EXTENT ALLOWED UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278a TO 52-278m, INCLUSIVE, OR BY OTHER APPLICABLE LAW, BORROWER HEREBY WAIVES DEMAND, PRESENTMENT FOR PAYMENT, PROTEST, NOTICE OF PROTEST, NOTICE OF DISHONOR, DILIGENCE IN COLLECTION, NOTICE OF NONPAYMENT LAW EACH AND EVERY GUARANTOR OF THIS NOTE AGREEMENT HEREBY WAIVE (A) ALL RIGHTS TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER IN CONNECTION WITH ANY AND ALL NOTICES PREJUDGMENT REMEDIES TO WHICH PURCHASER MAY BECOME ENTITLED BY VIRTUE OF A LIKE NATURE. FURTHER BORROWER WAIVES ANY DEFAULT OR PROVISION OF THIS AGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENT AND (B) ALL RIGHTS TO REQUEST THAT LENDER PURCHASER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT THE COMPANY SAID GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSD CAUSED BY ANY SUCH PREJUDGMENT REMEDY SOUGHT OR REMEDIESOBTAINED BY PURCHASER BY VIRTUE OF ANY DEFAULT OR PROVISION OF THIS AGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENT. AS PART OF THE SAID PREJUDGMENT REMEDY WAIVER ABOVE, EACH AND EVERY GUARANTOR OF THIS AGREEMENT, AND EACH OTHER PERSON OR ENTITY WHO MAY BECOME LIABLE FOR ALL OR ANY PART OF THIS OBLIGATION HEREBY ACKNOWLEDGE, UNDERSTAND, AGREE AND CONSENT THAT PURCHASER MAY ATTACH OR GARNISH ANY AND ALL OF GUARANTOR’S MONEY HELD IN ANY BANK ACCOUNT AT A BANKING INSTITUTION IF THAT BANKING INSTITUTION HAS A BRANCH, ATM OR OFFICE PHYSICALLY LOCATED IN CONNECTICUT AND/OR IS REGISTERED TO CONDUCT BUSINESS IN CONNECTICUT. For Merchant/Owner (#1) *By: CXXXXXX X XXXX CEO (Print Name) (Print Title) (Signature 1) SSN: Drivers Lic. #: For Merchant/Owner (#2) By: (Print Name) (Print Title) (Signature 2) SSN: Drivers Lic. #: EXHIBIT C – ACH AUTHORIZATION This ACH Authorization (the “ACH”) is entered into on 7/2/2024 , by and between * CXXXXXX X XXXX (“Purchaser”), American Rebel Inc ** DBA American Rebel Inc (the “Merchant”) and CXXXXXX X XXXX (the “Guarantor”) (collectively, the “Parties”).
Appears in 1 contract
Samples: Future Receivables Sale and Purchase Agreement (American Rebel Holdings Inc)
Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO THE COMMERCIAL LOAN TRANSACTION EVIDENCED BY EACH AND EVERY MERCHANT AND GUARANTOR OF THIS NOTE, THE LOAN AGREEMENT, AND EACH OTHER PERSON OR ENTITY WHO MAY BECOME LIABLE FOR ALL OR ANY OTHER LOAN DOCUMENTS EVIDENCING OR SECURING PART OF THIS OBLIGATION, HEREBY ACKNOWLEDGE THAT THE SAME, BORROWER AGREES THAT TRANSACTION OF WHICH THIS AGREEMENT IS A PART IS A COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO NOTICE AND A HEARING UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, OR OTHER STATUTE OR STATUTES AFFECTING PREJUDGMENT REMEDIES AND AUTHORIZES LENDER’S ATTORNEY TO ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER. BORROWER ACKNOWELDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT TO ANY NOTICE OR PRIOR HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF BORROWER IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL UNLESS A COURT OF COMPETENT JURISDICTION DETERMINES OTHERWISE. FURTHER, TO THE EXTENT ALLOWED UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278a TO 52-278m, INCLUSIVE, OR BY OTHER APPLICABLE LAW, BORROWER HEREBY WAIVES DEMAND, PRESENTMENT FOR PAYMENT, PROTEST, NOTICE OF PROTEST, NOTICE OF DISHONOR, DILIGENCE IN COLLECTION, NOTICE OF NONPAYMENT LAW EACH AND EVERY MERCHANT AND GUARANTOR OF THIS NOTE AGREEMENT HEREBY WAIVE (A) ALL RIGHTS TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER IN CONNECTION WITH ANY AND ALL NOTICES PREJUDGMENT REMEDIES TO WHICH PURCHASER MAY BECOME ENTITLED BY VIRTUE OF A LIKE NATURE. FURTHER BORROWER WAIVES ANY DEFAULT OR PROVISION OF THIS AGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENTAND (B) ALL RIGHTS TO REQUEST THAT LENDER PURCHASER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT THE COMPANY SAID MERCHANT OR GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSD CAUSED BY ANY SUCH PREJUDGMENT REMEDY SOUGHT OR REMEDIES.OBTAINED BY PURCHASER BY VIRTUE OF ANY DEFAULT OR PROVISION OF THIS AGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENT. AS PART OF THE SAID PREJUDGMENT REMEDY WAIVER ABOVE, EACH AND EVERY MERCHANT AND GUARANTOR OF THIS AGREEMENT, AND EACH OTHER PERSON OR ENTITY WHO MAY BECOME LIABLE FOR ALL OR ANY PART OF THIS OBLIGATION HEREBY ACKNOWLEDGE, UNDERSTAND, AGREE AND CONSENT THAT PURCHASER MAY ATTACH OR GARNISH ANY AND ALL OF MERCHANT AND GUARANTOR’S MONEY HELD IN ANY BANK ACCOUNT AT A BANKING INSTITUTION IF THAT BANKING INSTITUTION HAS A BRANCH, ATM OR OFFICE PHYSICALLY LOCATED IN CONNECTICUT AND/OR IS REGISTERED TO CONDUCT BUSINESS IN CONNECTICUT. Owner(s)/Guarantor(s) Initials []
Appears in 1 contract
Samples: Future Receivables Sale and Purchase Agreement (First Person Ltd.)
Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO BORROWERS ACKNOWLEDGE THAT THE COMMERCIAL LOAN TRANSACTION LOANS EVIDENCED BY THIS NOTE, THE LOAN AGREEMENT, AGREEMENT ARE COMMERCIAL TRANSACTIONS AND ANY OTHER LOAN DOCUMENTS EVIDENCING OR SECURING THE SAME, BORROWER AGREES THAT THIS IS A COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY WAIVE THEIR RIGHT TO NOTICE AND A HEARING UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, STATUTES OR AS AMENDED, OTHERWISE ALLOWED UNDER ANY STATE OR OTHER STATUTE OR STATUTES AFFECTING PREJUDGMENT REMEDIES AND AUTHORIZES LENDER’S ATTORNEY FEDERAL LAW WITH RESPECT TO ISSUE A WRIT FOR A ANY PREJUDGMENT REMEDY WITHOUT COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH LENDER MAY ARISE OUT OF SUCH ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER. BORROWER ACKNOWELDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTYDESIRE TO USE, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT TO ANY NOTICE OR PRIOR HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF BORROWER IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL UNLESS A COURT OF COMPETENT JURISDICTION DETERMINES OTHERWISE. FURTHERFURTHER WAIVE DILIGENCE, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, BORROWER HEREBY WAIVES DEMAND, PRESENTMENT FOR PAYMENT, PROTEST, NOTICE OF PROTESTNONPAYMENT, PROTEST AND NOTICE OF DISHONORANY RENEWALS OR EXTENSIONS. BORROWERS ACKNOWLEDGE THAT THEY MAKE THIS WAIVER KNOWINGLY, DILIGENCE IN COLLECTIONWILLINGLY AND VOLUNTARILY AND WITHOUT DURESS, NOTICE AND ONLY AFTER CONSIDERATION OF NONPAYMENT THE RAMIFICATIONS OF THIS NOTE WAIVER WITH THEIR ATTORNEYS. BORROWERS FURTHER CONSENT TO THE ISSUANCE OF ANY SUCH PREJUDGMENT REMEDIES WITHOUT A BOND AND ANY AND ALL NOTICES AGREE NOT TO REQUEST OR FILE MOTIONS SEEKING TO REQUIRE THE POSTING OF A LIKE NATUREBOND UNDER PUBLIC ACT 93-431 IN CONNECTION WITH LENDER'S EXERCISE OF ANY PREJUDGMENT REMEDY. FURTHER BORROWER WAIVES ALL RIGHTS TO REQUEST THAT LENDER POST A BONDThis Agreement has been duly executed as of the date first written above. TRANS-LUX CORPORATION By /s/ Xxxxxx Xxxx ------------------------------------ Xxxxxx Xxxx Its President By /s/ Xxxxxx Xxxxx ------------------------------------ Xxxxxx Xxxxx Its Treasurer and Chief Financial Officer TRANS-LUX CONSULTING CORPORATION By /s/ Xxxxxx Xxxx ------------------------------------ Xxxxxx Xxxx Its President By /s/ Xxxxxx Xxxxx ------------------------------------ Xxxxxx Xxxxx Its Treasurer and Chief Financial Officer TRANS-LUX SIGN CORPORATION By /s/ Xxxxxx Xxxx ------------------------------------ Xxxxxx Xxxx Its President By /s/ Xxxxxx Xxxxx ------------------------------------ Xxxxxx Xxxxx Its Treasurer and Chief Financial Officer TRANS-LUX MONTEZUMA CORPORATION By /s/ Xxxxxx Xxxx ------------------------------------ Xxxxxx Xxxx Its President By /s/ Xxxxxx Xxxxx ------------------------------------ Xxxxxx Xxxxx Its Treasurer and Chief Financial Officer INTEGRATED SYSTEMS ENGINEERING, WITH OR WITHOUT SURETY, TO PROTECT THE COMPANY AGAINST DAMAGES THAT MAY BE CAUSD BY ANY SUCH REMEDY OR REMEDIES.INC. By /s/ Xxxxxx Xxxx ----------------------------------- Xxxxxx Xxxx Its President By /s/ Xxxxxx Xxxxx ------------------------------------ Xxxxxx Xxxxx Its Treasurer and Chief Financial Officer FIRST FIDELITY BANK By /s/ Xxxx X. Xxxxxx ----------------------------------- Xxxx X. Xxxxxx Its Vice President
Appears in 1 contract
Samples: Credit Agreement (Trans Lux Corp)
Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO THE COMMERCIAL LOAN TRANSACTION BORROWER HEREBY REPRESENTS, WARRANTS AND ACKNOWLEDGES THAT THE FINANCING EVIDENCED BY THIS NOTE, THE LOAN AGREEMENT, AND ANY OTHER LOAN DOCUMENTS EVIDENCING OR SECURING THE SAME, BORROWER AGREES THAT THIS HEREBY IS A COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO NOTICE AND A HEARING UNDER WITHIN THE MEANING OF CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, . THE BORROWER HEREBY WAIVES ITS RIGHT TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278A ET. SEQ. AS AMENDED OR UNDER ANY OTHER STATUTE STATE OR STATUTES AFFECTING FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES THE ADMINISTRATIVE AGENT OR ANY LENDER MAY EMPLOY TO ENFORCE THEIR RESPECTIVE RIGHTS AND AUTHORIZES REMEDIES HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS. MORE SPECIFICALLY, THE BORROWER ACKNOWLEDGES THAT UPON THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT THE ADMINISTRATIVE AGENT’S OR ANY LENDER’S ATTORNEY TO MAY, PURSUANT TO, AND IN ACCORDANCE WITH, CONN. GEN. STATE. §52-278F, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, ORDER PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER WAIVER. THE BORROWER ACKNOWLEDGES AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER. BORROWER ACKNOWELDGES AS AFORESAID AND STIPULATES THAT SUCH WAIVER THE ADMINISTRATIVE AGENT AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT EACH LENDER ACKNOWLEDGES THE EXERCISE OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT TO ANY NOTICE OR PRIOR SAID HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURESUBSEQUENT TO THE ISSUANCE OF SAID WRIT. THE INTENT OF BORROWER IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS FURTHER WAIVES ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL UNLESS A COURT OF COMPETENT JURISDICTION DETERMINES OTHERWISE. FURTHER, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, BORROWER HEREBY WAIVES DEMAND, PRESENTMENT FOR PAYMENT, PROTEST, NOTICE OF PROTEST, NOTICE OF DISHONOR, DILIGENCE IN COLLECTION, NOTICE OF NONPAYMENT OF THIS NOTE AND ANY AND ALL NOTICES OF A LIKE NATURE. FURTHER BORROWER WAIVES ALL RIGHTS TO REQUEST THAT THE ADMINISTRATIVE AGENT OR ANY LENDER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT THE COMPANY BORROWER AGAINST DAMAGES THAT MAY BE CAUSD CAUSED BY ANY PREJUDGMENT REMEDY SOUGHT OR OBTAINED BY THE ADMINISTRATIVE AGENT OR SUCH REMEDY OR REMEDIESLENDER.
Appears in 1 contract
Samples: Credit Agreement (Lydall Inc /De/)
Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO THE COMMERCIAL LOAN TRANSACTION EVIDENCED BY THIS NOTE, MORTGAGOR ACKNOWLEDGES THAT THE LOAN AGREEMENTBEING MADE IS FOR COMMERCIAL PURPOSES AND, IN ADDITION TO AND NOT IN LIMITATION OF ANY OTHER PROVISIONS OF THIS MORTGAGE OR ANY OTHER LOAN DOCUMENTS EVIDENCING OR SECURING UNDER LAW FOR THE SAMEBENEFIT OF STATE FARM, BORROWER AGREES THAT THIS IS A COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTIONTO THE EXTENT PERMITTED BY LAW, AND WAIVES ANY RIGHT TO PRIOR NOTICE AND A PRIOR HEARING UNDER CHAPTER 903a SECTIONS 52-278a THROUGH 52-278n OF THE CONNECTICUT GENERAL STATUTES, STATUTES AS AMENDEDNOW OR HEREAFTER AMENDED AND AUTHORIZES STATE FARM OR ITS ATTORNEY, OR OTHER STATUTE OR STATUTES AFFECTING PREJUDGMENT REMEDIES AND AUTHORIZES LENDER’S ATTORNEY ANY SUCCESSOR THERETO, TO ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER. BORROWER ACKNOWELDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLYFURTHER, BORROWER RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT TO ANY NOTICE OR PRIOR HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF BORROWER IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL UNLESS A COURT OF COMPETENT JURISDICTION DETERMINES OTHERWISE. FURTHERMORTGAGOR HEREBY WAIVES, TO THE EXTENT ALLOWED UNDER APPLICABLE PERMITTED BY LAW, BORROWER HEREBY WAIVES DEMANDBUT EXCLUDING PROCEDURES THAT ARE PART OF THE STATUTORY FORECLOSURE PROCESS, PRESENTMENT THE BENEFITS OF ALL VALUATION, APPRAISEMENTS, HOMESTEAD, EXEMPTION, STAY, REDEMPTION AND MORATORIUM LAWS NOW IN FORCE OR WHICH MAY HEREAFTER BECOME LAWS. MORTGAGOR ACKNOWLEDGES THAT IT IS ENGAGED PRIMARILY IN COMMERCIAL PURSUITS AND THAT THE PROCEEDS FROM THIS SECURITY INSTRUMENT ARE TO BE UTILIZED IN BUSINESS ACTIVITIES AND WILL NOT BE UTILIZED FOR PAYMENT, PROTEST, NOTICE OF PROTEST, NOTICE OF DISHONOR, DILIGENCE IN COLLECTION, NOTICE OF NONPAYMENT OF THIS NOTE AND ANY AND ALL NOTICES OF A LIKE NATURE. FURTHER BORROWER WAIVES ALL RIGHTS TO REQUEST THAT LENDER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT THE COMPANY AGAINST DAMAGES THAT MAY BE CAUSD BY ANY SUCH REMEDY OR REMEDIESCONSUMER PURPOSES.
Appears in 1 contract
Samples: Construction Mortgage Deed and Security Agreement (Griffin Industrial Realty, Inc.)
Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO THE COMMERCIAL LOAN TRANSACTION EVIDENCED BY THIS NOTETENANT HEREBY REPRESENTS, THE LOAN AGREEMENT, COVENANTS AND ANY OTHER LOAN DOCUMENTS EVIDENCING OR SECURING THE SAME, BORROWER AGREES THAT THE TRANSACTION OF WHICH THIS LEASE IS A PART IS A “COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND ” AS DEFINED BY THE STATUTES OF THE STATE OF CONNECTICUT. TENANT HEREBY WAIVES ANY RIGHT ALL RIGHTS TO NOTICE AND A PRIOR COURT HEARING OR COURT ORDER UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, SECTIONS 52-278a et seq., AS AMENDED, OR UNDER ANY OTHER STATUTE STATE OR STATUTES AFFECTING FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES LANDLORD MAY EMPLOY TO ENFORCE ITS RIGHTS AND AUTHORIZES LENDERREMEDIES HEREUNDER. MORE SPECIFICALLY, TENANT ACKNOWLEDGES THAT LANDLORD’S ATTORNEY MAY, PURSUANT TO CONNECTICUT GENERAL STATUTES SECTION 52-278f, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED . TENANT ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER. BORROWER ACKNOWELDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF LENDERBY LANDLORD’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTYATTORNEY, AND SUCH WRIT FOR LANDLORD ACKNOWLEDGES TENANT’S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. TENANT FURTHER HEREBY WAIVES ANY REQUIREMENT OR OBLIGATION OF LANDLORD TO POST A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW BOND OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT TO SECURITY IN CONNECTION WITH ANY NOTICE OR PRIOR HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF BORROWER IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID BY LANDLORD AND CONSTITUTIONAL UNLESS A COURT WAIVES ANY OBJECTIONS TO ANY PREJUDGMENT REMEDY OBTAINED BY LANDLORD BASED ON ANY OFFSETS, CLAIMS, DEFENSES OR COUNTERCLAIMS OF COMPETENT JURISDICTION DETERMINES OTHERWISETENANT OR ANY OTHER PARTY PRIMARILY OR SECONDARILY LIABLE UNDER THE LEASE TO ANY ACTION BROUGHT BY LANDLORD. FURTHERTENANT ACKNOWLEDGES AND AGREES THAT ALL OF THE WAIVERS CONTAINED IN THIS SECTION HAVE BEEN MADE KNOWINGLY, TO VOLUNTARILY, INTENTIONALLY AND INTELLIGENTLY, AND WITH THE EXTENT ALLOWED UNDER APPLICABLE LAW, BORROWER HEREBY WAIVES DEMAND, PRESENTMENT FOR PAYMENT, PROTEST, NOTICE ADVISE OF PROTEST, NOTICE OF DISHONOR, DILIGENCE IN COLLECTION, NOTICE OF NONPAYMENT OF THIS NOTE AND ANY AND ALL NOTICES OF A LIKE NATURE. FURTHER BORROWER WAIVES ALL RIGHTS TO REQUEST THAT LENDER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT THE COMPANY AGAINST DAMAGES THAT MAY BE CAUSD BY ANY SUCH REMEDY OR REMEDIESITS COUNSEL.
Appears in 1 contract
Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO THE COMMERCIAL LOAN TRANSACTION EVIDENCED BY EACH AND EVERY MERCHANT AND GUARANTOR OF THIS NOTE, THE LOAN AGREEMENT, AND EACH OTHER PERSON OR ENTITY WHO MAY BECOME LIABLE FOR ALL OR ANY OTHER LOAN DOCUMENTS EVIDENCING OR SECURING PART OF THIS OBLIGATION, HEREBY ACKNOWLEDGE THAT THE SAME, BORROWER AGREES THAT TRANSACTION OF WHICH THIS AGREEMENT IS A PART IS A COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO NOTICE AND A HEARING UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, OR OTHER STATUTE OR STATUTES AFFECTING PREJUDGMENT REMEDIES AND AUTHORIZES LENDER’S ATTORNEY TO ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER. BORROWER ACKNOWELDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT TO ANY NOTICE OR PRIOR HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF BORROWER IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL UNLESS A COURT OF COMPETENT JURISDICTION DETERMINES OTHERWISE. FURTHER, TO THE EXTENT ALLOWED UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278a TO 52-278m, INCLUSIVE, OR BY OTHER APPLICABLE LAW, BORROWER HEREBY WAIVES DEMAND, PRESENTMENT FOR PAYMENT, PROTEST, NOTICE OF PROTEST, NOTICE OF DISHONOR, DILIGENCE IN COLLECTION, NOTICE OF NONPAYMENT LAW EACH AND EVERY MERCHANT AND GUARANTOR OF THIS NOTE AGREEMENT HEREBY WAIVE (A) ALL RIGHTS TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER IN CONNECTION WITH ANY AND ALL NOTICES PREJUDGMENT REMEDIES TO WHICH PURCHASER MAY BECOME ENTITLED BY VIRTUE OF A LIKE NATURE. FURTHER BORROWER WAIVES ANY DEFAULT OR PROVISION OF THIS AGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENTAND (B) ALL RIGHTS TO REQUEST THAT LENDER PURCHASER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT THE COMPANY SAID MERCHANT OR GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSD CAUSED BY ANY SUCH PREJUDGMENT REMEDY SOUGHT OR REMEDIES.OBTAINED BY PURCHASER BY VIRTUE OF ANY DEFAULT OR PROVISION OF THIS AGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENT. AS PART OF THE SAID PREJUDGMENT REMEDY WAIVER ABOVE, EACH AND EVERY MERCHANT AND GUARANTOR OF THIS AGREEMENT, AND EACH OTHER PERSON OR ENTITY WHO MAY BECOME LIABLE FOR ALL OR ANY PART OF THIS OBLIGATION HEREBY ACKNOWLEDGE, UNDERSTAND, AGREE AND CONSENT THAT PURCHASER MAY ATTACH OR GARNISH ANY AND ALL OF MERCHANT AND GUARANTOR’S MONEY HELD IN ANY BANK ACCOUNT AT A BANKING INSTITUTION IF THAT BANKING INSTITUTION HAS A BRANCH, ATM OR OFFICE PHYSICALLY LOCATED IN CONNECTICUT AND/OR IS REGISTERED TO CONDUCT BUSINESS IN CONNECTICUT. Owner(s)/Guarantor(s) Initials [______]
Appears in 1 contract
Samples: Future Receivables Sale and Purchase Agreement (First Person Ltd.)
Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO BORROWER HEREBY REPRESENTS, COVENANTS AND AGREES THAT THE COMMERCIAL LOAN TRANSACTION EVIDENCED BY THIS NOTE, PROCEEDS OF THE LOAN AGREEMENT, SHALL BE USED FOR GENERAL COMMERCIAL PURPOSES AND ANY OTHER THAT THE LOAN DOCUMENTS EVIDENCING OR SECURING THE SAME, BORROWER AGREES THAT THIS IS A “COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND ” AS DEFINED BY THE STATUTES OF THE STATE OF CONNECTICUT. BORROWER HEREBY WAIVES ANY RIGHT ALL RIGHTS TO NOTICE AND A PRIOR COURT HEARING OR COURT ORDER UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, SECTIONS 52-278a ET SEQ., AS AMENDED, OR UNDER ANY OTHER STATUTE STATE OR STATUTES AFFECTING FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES LENDER MAY EMPLOY TO ENFORCE ITS RIGHTS AND AUTHORIZES LENDERREMEDIES HEREUNDER. MORE SPECIFICALLY, XXXXXXXX ACKNOWLEDGES THAT XXXXXX’S ATTORNEY MAY, PURSUANT TO CONNECTICUT GENERAL STATUTES, SECTION 52-278f, ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT SECURING A COURT ORDER, PROVIDED . BORROWER ACKNOWLEDGES AND RESERVES ITS RIGHT TO NOTICE AND A HEARING SUBSEQUENT TO THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDERBY XXXXXX’S ATTORNEY, AND XXXXXX ACKNOWLEDGES XXXXXXXX’S RIGHT TO SAID HEARING SUBSEQUENT TO THE ISSUANCE OF SAID WRIT. BORROWER ACKNOWELDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE FURTHER HEREBY WAIVES ANY REQUIREMENT OR OBLIGATION OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTY, AND SUCH WRIT FOR LENDER TO POST A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW BOND OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT TO SECURITY IN CONNECTION WITH ANY NOTICE OR PRIOR HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF BORROWER IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID BY LENDER AND CONSTITUTIONAL UNLESS WAIVES ANY OBJECTIONS TO ANY PREJUDGMENT REMEDY OBTAINED BY LENDER BASED ON ANY OFFSETS, CLAIMS, DEFENSES OR COUNTERCLAIMS OF BORROWER OR ANY OTHER OBLIGATED PARTY TO ANY ACTION BROUGHT BY XXXXXX. XXXXXXXX ACKNOWLEDGES AND AGREES THAT ALL OF THE WAIVERS CONTAINED IN THIS SECTION HAVE BEEN MADE KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND INTELLIGENTLY, AND WITH THE ADVICE OF ITS COUNSEL. RIVERBEND CROSSINGS III HOLDINGS LLC By: Riverbend Lehigh Valley Holdings I LLC Its Sole Member By: Xxxxxxx Land & Nurseries, Inc. Its Sole Member By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: President SCHEDULE A COURT OF COMPETENT JURISDICTION DETERMINES OTHERWISE. FURTHERAmortization Schedule Payment Date Balance Prior to Payment Principal Payment Amount May 1, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW2013 4,025,384.26 9,160.22 June 1, BORROWER HEREBY WAIVES DEMAND2013 4,016,224.04 9,160.22 July 1, PRESENTMENT FOR PAYMENT2013 4,007,063.82 9,160.22 August 1, PROTEST2013 3,997,903.60 9,160.22 September 1, NOTICE OF PROTEST2013 3,988,743.38 9,160.22 October 1, NOTICE OF DISHONOR2013 3,979,583.16 9,160.22 November 1, DILIGENCE IN COLLECTION2013 3,970,422.94 9,160.22 December 1, NOTICE OF NONPAYMENT OF THIS NOTE AND ANY AND ALL NOTICES OF A LIKE NATURE. FURTHER BORROWER WAIVES ALL RIGHTS TO REQUEST THAT LENDER POST A BOND2013 3,961,262.72 9,160.22 January 1, WITH OR WITHOUT SURETY2014 3,952,102.50 9,160.22 February 1, TO PROTECT THE COMPANY AGAINST DAMAGES THAT MAY BE CAUSD BY ANY SUCH REMEDY OR REMEDIES.2014 3,942,942.28 9,546.97 March 1, 2014 3,933,395.31 9,546.97 April 1, 2014 3,923,848.34 9,546.97 May 1, 2014 3,914,301.37 9,546.97 June 1, 2014 3,904,754.40 9,546.97 July 1, 2014 3,895,207.43 9,546.97 August 1, 2014 3,885,660.46 9,546.97 September 1, 2014 3,876,113.49 9,546.97 October 1, 2014 3,866,566.52 9,546.97 November 1, 2014 3,857,019.55 9,546.97 December 1, 2014 3,847,472.58 9,546.97 January 1, 2015 3,837,925.61 9,546.97 February 1, 2015 3,828,378.64 9,933.39 March 1, 2015 3,818,445.25 9,933.39 April 1, 2015 3,808,511.86 9,933.39 May 1, 2015 3,798,578.47 9,933.39 June 1, 2015 3,788,645.08 9,933.39 July 1, 2015 3,778,711.69 9,933.39 August 1, 2015 3,768,778.30 9,933.39 September 1, 2015 3,758,844.91 9,933.39 October 1, 2015 3,748,911.52 9,933.39 November 1, 2015 3,738,978.13 9,933.39 December 1, 2015 3,729,044.74 9,933.39 January 1, 2016 3,719,111.35 9,933.39 February 1, 2016 3,709,177.96 10,300.76 March 1, 2016 3,698,877.20 10,300.76 April 1, 2016 3,688,576.44 10,300.76 May 1, 2016 3,678,275.68 10,300.76 June 1, 2016 3,667,974.92 10,300.76 July 1, 2016 3,657,674.16 10,300.76 August 1, 2016 3,647,373.40 10,300.76 September 1, 2016 3,637,072.64 10,300.76 October 1, 2016 3,626,771.88 10,300.76 November 1, 2016 3,616,471.12 10,300.76 December 1, 2016 3,606,170.36 10,300.76 January 1, 2017 3,595,869.60 10,300.76 February 1, 2017 3,585,568.84 10,752.40 March 1, 2017 3,574,816.44 10,752.40 April 1, 2017 3,564,064.04 10,752.40 May 1, 2017 3,553,311.64 10,752.40 June 1, 2017 3,542,559.24 10,752.40 July 1, 2017 3,531,806.84 10,752.40 August 1, 2017 3,521,054.44 10,752.40 September 1, 2017 3,510,302.04 10,752.40 October 1, 2017 3,499,549.64 10,752.40 November 1, 2017 3,488,797.24 10,752.40 December 1, 2017 3,478,044.84 10,752.40 January 1, 2018 3,467,292.44 10,752.40 February 1, 2018 3,456,540.04 11,187.62 March 1, 2018 3,445,352.42 11,187.62 April 1, 2018 3,434,164.80 11,187.62 May 1, 2018 3,422,977.18 11,187.62 June 1, 2018 3,411,789.56 11,187.62 July 1, 2018 3,400,601.94 11,187.62 August 1, 2018 3,389,414.32 11,187.62 September 1, 2018 3,378,226.70 11,187.62 October 1, 2018 3,367,039.08 11,187.62 November 1, 2018 3,355,851.46 11,187.62 December 1, 2018 3,344,663.84 11,187.62 January 1, 2019 3,333,476.22 11,187.62 February 1, 2019 3,322,288.60 11,640.55 March 1, 2019 3,310,648.05 11,640.55 April 1, 2019 3,299,007.50 11,640.55 May 1, 2019 3,287,366.95 11,640.55 June 1, 2019 3,275,726.40 11,640.55 July 1, 2019 3,264,085.85 11,640.55 August 1, 2019 3,252,445.30 11,640.55 September 1, 2019 3,240,804.75 11,640.55 October 1, 2019 3,229,164.20 11,640.55 November 1, 2019 3,217,523.65 11,640.55 December 1, 2019 3,205,883.10 11,640.55 January 1, 2020 3,194,242.55 11,640.55 January 27, 2020 3,182,602.00 3,182,602.00
Appears in 1 contract
Samples: Griffin Land & Nurseries Inc
Prejudgment Remedy Waiver. TO INDUCE LENDER TO ENTER INTO THE COMMERCIAL LOAN TRANSACTION EVIDENCED BY EACH AND EVERY MERCHANT AND GUARANTOR OF THIS NOTE, THE LOAN AGREEMENT, AND EACH OTHER PERSON OR ENTITY WHO MAY BECOME LIABLE FOR ALL OR ANY OTHER LOAN DOCUMENTS EVIDENCING OR SECURING PART OF THIS OBLIGATION, HEREBY ACKNOWLEDGE THAT THE SAME, BORROWER AGREES THAT TRANSACTION OF WHICH THIS AGREEMENT IS A PART IS A COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO NOTICE AND A HEARING UNDER CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, OR OTHER STATUTE OR STATUTES AFFECTING PREJUDGMENT REMEDIES AND AUTHORIZES LENDER’S ATTORNEY TO ISSUE A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER, PROVIDED THE COMPLAINT SHALL SET FORTH A COPY OF THIS WAIVER AND WAIVES ANY CLAIM IN TORT, CONTRACT OR OTHERWISE AGAINST LENDER’S ATTORNEY WHICH MAY ARISE OUT OF SUCH ISSUANCE OF A WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER. BORROWER ACKNOWELDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, BORROWER RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF LENDER’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE ATTACHMENT OF OR LEVY AGAINST BORROWER’S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE THE PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL BORROWER HAVE THE RIGHT TO ANY NOTICE OR PRIOR HEARING WHERE BORROWER MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF BORROWER IS TO GRANT TO LENDER FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A PREJUDGMENT REMEDY AND TO EXPRESS ITS BELIEF THAT ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL UNLESS A COURT OF COMPETENT JURISDICTION DETERMINES OTHERWISE. FURTHER, TO THE EXTENT ALLOWED UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278a TO 52-278m, INCLUSIVE, OR BY OTHER APPLICABLE LAW, BORROWER HEREBY WAIVES DEMAND, PRESENTMENT FOR PAYMENT, PROTEST, NOTICE OF PROTEST, NOTICE OF DISHONOR, DILIGENCE IN COLLECTION, NOTICE OF NONPAYMENT LAW EACH AND EVERY MERCHANT AND GUARANTOR OF THIS NOTE AGREEMENT HEREBY WAIVE (A) ALL RIGHTS TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER IN CONNECTION WITH ANY AND ALL NOTICES PREJUDGMENT REMEDIES TO WHICH PURCHASER MAY BECOME ENTITLED BY VIRTUE OF A LIKE NATURE. FURTHER BORROWER WAIVES ANY DEFAULT OR PROVISION OF THIS AGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENT AND (B) ALL RIGHTS TO REQUEST THAT LENDER PURCHASER POST A BOND, WITH OR WITHOUT SURETY, TO PROTECT THE COMPANY SAID MERCHANT OR GUARANTOR AGAINST DAMAGES THAT MAY BE CAUSD CAUSED BY ANY SUCH PREJUDGMENT REMEDY SOUGHT OR REMEDIESOBTAINED BY PURCHASER BY VIRTUE OF ANY DEFAULT OR PROVISION OF THIS AGREEMENT OR SECURITY AGREEMENT SECURING THIS AGREEMENT. AS PART OF THE SAID PREJUDGMENT REMEDY WAIVER ABOVE, EACH AND EVERY MERCHANT AND GUARANTOR OF THIS AGREEMENT, AND EACH OTHER PERSON OR ENTITY WHO MAY BECOME LIABLE FOR ALL OR ANY PART OF THIS OBLIGATION HEREBY ACKNOWLEDGE, UNDERSTAND, AGREE AND CONSENT THAT PURCHASER MAY ATTACH OR GARNISH ANY AND ALL OF MERCHANT AND GUARANTOR’S MONEY HELD IN ANY BANK ACCOUNT AT A BANKING INSTITUTION IF THAT BANKING INSTITUTION HAS A BRANCH, ATM OR OFFICE PHYSICALLY LOCATED IN CONNECTICUT AND/OR IS REGISTERED TO CONDUCT BUSINESS IN CONNECTICUT.
Appears in 1 contract
Samples: Future Receivables Sale and Purchase Agreement (American Rebel Holdings Inc)
