Common use of PREJUDGMENT REMEDY Clause in Contracts

PREJUDGMENT REMEDY. GUARANTOR ACKNOWLEDGES THAT THIS TRANSACTION IS A "COMMERCIAL TRANSACTION" AS SUCH IS DEFINED IN CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES AS AMENDED, AND HEREBY WAIVES ANY AND ALL RIGHTS THAT THE BORROWER MAY HAVE UNDER SECTION 52-278(a) THROUGH 57-278(g) OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, INTENDING THEREBY THAT IN THE EVENT OF ANY LEGAL ACTION BETWEEN THE GUARANTOR AND THE LENDER OR HOLDER ARISING OUT OF THE NOTE, THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS, THE LENDER OR HOLDER MAY INVOKE ANY PREJUDGMENT REMEDY, INCLUDING BUT NOT LIMITED TO, GARNISHMENT, ATTACHMENT, FOREIGN ATTACHMENT AND REPLEVIN, WITHOUT GIVING THE BORROWER AND/OR ANY GUARANTOR ANY NOTICE OR OPPORTUNITY FOR A HEARING OR OBTAINING A COURT ORDER. GUARANTOR FURTHER HEREBY WAIVES ANY REQUIREMENT OR OBLIGATION OF LENDER TO POST A BOND OR OTHER SECURITY IN CONNECTION WITH ANY PREJUDGMENT REMEDY OBTAINED BY LENDER AND WAIVES ANY OBJECTIONS TO ANY PREJUDGMENT REMEDY OBTAINED BY LENDER BASED ON ANY OFFSETS, CLAIMS, DEFENSES OR COUNTERCLAIMS OF BORROWER OR ANY GUARANTOR TO ANY ACTION BROUGHT BY LENDER. THIS WAIVER IS MADE BY THE GUARANTOR ON BEHALF OF THE GUARANTOR AND THE GUARANTOR'S SUCCESSORS, HEIRS AND ASSIGNS AND SHALL APPLY TO ANY AND ALL ACTIONS AGAINST SUCH SUCCESSORS, HEIRS AND ASSIGNS.

PREJUDGMENT REMEDY. GUARANTOR ACKNOWLEDGES TO INDUCE MORTGAGEE ID ACCEPT THIS MORTGAGE, MORTGAGOR AGREES THAT THE LOAN SECURED BY THIS TRANSACTION IS MORTGAGE, THE NOTES, IF ANY, SECURlNG SAME AND ALL OTHER LOAN DOCUMENTS ARE AND EVIDENCE A "“COMMERCIAL TRANSACTION" ,” AS SUCH TERM. IS DEFINED IN CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES AS AMENDED, AND HEREBY NOT A CONSUMER. TRANSACTION, AND WAIVES ANY RIGHT TO A NOTICE AND ALL RIGHTS THAT THE BORROWER MAY HAVE HEARING UNDER SECTION 52-278(a) THROUGH 57-278(g) CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, INTENDING THEREBY OR OTHER STATUTE OR STATUTES AFFECTING ‘PREJUDGMENT REMEDIES, AND AUTHORIZES MORTGAGEE’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 MORTGAGEE’S ATTORNEY WHICH MAY ARISE OUT OF SUCH ISSUANCE OF THE WRIT FOR A PREJUDGMENT REMEDY WITHOUT COURT ORDER, MORTGAGOR ACKNOWLEDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATlON GRANTED ABOVE ARE MADE KNOWINGLY <AND FREELY AND AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, MORTGAGOR RECOGNlZES AND UNDERSTANDS THAT THE EXERCISE OF MORTGAGEE’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE EVENT ATTACHMENT OF ANY LEGAL ACTION BETWEEN OR LEVY AGAlNST MORTGAGOR’S PROPERTY, AND SUCH WRIT FORA PREJUDGMENT REIVIEDY WILL NOT HAVE THE GUARANTOR AND PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDIClAL OFFICER NOR WILL MORTGAGOR HAVE THE LENDER OR HOLDER ARISING OUT OF THE NOTE, THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS, THE LENDER OR HOLDER MAY INVOKE ANY PREJUDGMENT REMEDY, INCLUDING BUT NOT LIMITED TO, GARNISHMENT, ATTACHMENT, FOREIGN ATTACHMENT AND REPLEVIN, WITHOUT GIVING THE BORROWER AND/OR ANY GUARANTOR RIGHT TO ANY NOTICE OR OPPORTUNITY PRIOR HEARING WHERE MORTGAGOR MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF MORTGAGOR IS TO GRANT TO MORTGAGEE FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH A HEARING OR OBTAINING A COURT ORDER. GUARANTOR FURTHER HEREBY WAIVES PREJUDGMENT REMEDY AND TO ASSURE THAT ANY REQUIREMENT OR OBLIGATION OF LENDER TO POST A BOND OR OTHER SECURITY IN CONNECTION WITH ANY SUCH PREJUDGMENT REMEDY OBTAINED BY LENDER IS VALID AND WAIVES ANY OBJECTIONS TO ANY PREJUDGMENT REMEDY OBTAINED BY LENDER BASED ON ANY OFFSETSCONSTITUTIONAL. New Haven County, CLAIMSCT This Mortgage has been duly executed by Mortgagor on the date first above written. MACDERMID, DEFENSES OR COUNTERCLAIMS INCORPORATED By: /s/ Gregory M. Bolingbroke Name: Gregory M. Bolingbroke Title: Senior Vice President, Finance Witnessed by: STATE OF BORROWER OR ANY GUARANTOR TO ANY ACTION BROUGHT BY LENDERCOLORADO ) : ss.: COUNTY OF DENVER ) /s/ Susan Fitzpatrick Commissioner of the Superior Court/ Notary Public Personally appeared Gregory M. Bolingbroke, Senior Vice President, Finance of MacDennid, Incorporated signer and sealer of the foregoing instrument, who, being duly authorized, acknowledged the same to be his free act and deed and the free act and deed of said corporation, before vae. New Haven County, CT All that,certain piece or parcel of land together with all of the buildings and improvements located thereon and any apurtenances thereto, in the Town of Vernon, County of Tolland and State of Connecticut, bounded and described as follows: Beginning at an iron re-bar located at 62.60 feet stoutheast of town monumnet no. 11 and 799.08 feet east of town monument no. 10 Thence S 2 degrees, 26’ 15” E 62.06 feet (eight-two and six one-hundreths feet) along land now or formerly of Helen Mellow; Thence S 37 degrees, 26’ 20” W 81.43 feet (eight-one and fory-three one-hundredths feet) along land of said Mello Thence S 37 degrees 22’ 25” W 135.01 feet (one hundred thirty-five and one one-hundredth feet) along land now or formerly of August & Linda Z. Leite; Thence S 29 degress 45’ 00” E 33.0 feet (thirty-three and no one-hundredths feet) crossing the Hockanum River; Thence N 35 degrees 45’ 00” E 38.10 feet (thirty-six and ten one-hundreths feet) along land now or formerly of the Town of Veron (Grover Hill Cemetery); Thence S 26: 36’ 05” E 323.30 feet (three hundred twent-three and thirty one-hundredths feet) along land of said Town of Vernon; Thence N 68 degrees 43’ 55” E 87.28 feet (eight-seven and twenty-eight one-hundredths feet) along land now or formerly of Anna Ward Wileke; Thence N 21 degrees 01’ 05” W 133.12 feet (one hundred thirty-three and twelve one-hundreths feet) along land now or formerly of Robert L & Marilyn A St. Germain; Thence N 68 degrees 58’ 55: E 100.00 feet (one hundred and no one-hundreths feet) along land of said St. Germain; Thence N 77 degress 28’ 55: E 77.30 (seventy-seven and thirty one-hundredths feet) along land of said St. Germain; Thence N 12 degrees 21’ 05: W 71.00 feet (seventy-one and no one hundredths along land now or formerly of Joseph G. & Dolores S. Grabowski; Thence N 34 degrees 36’ 40” E 114.70 feet (one hundred fourteen and seventy one-hundredths feet) along land of said Grabowski; New Haven County, CT Thence N 48 degrees 03’ 35” E 78.80 feet (seventy-eight and eighty one-hundredths feet) along land now or formerly of Dolores M. Brennen to the southerly line of East Main Street; Thence N 39 degrees 19’ 40” W 10.00 feet (ten and no one-hundredths feet) along East Main Street, the remaining courses being along the southerly line of said street; Thence N 62 degrees 19’ 50” W 111.99 feet (one hundred eleven and ninety-nine one hundredths feet) Thence N 67 degrees 40’ 50” W. 49.19 feet (forty-nine and no one hundredth feet); Thence N 71 degrees 38’ 40” W 14.05 feet (fourteen and five one-hundredths feet); Thence N 78 degrees 13’ 50” W 23.11 feet (twenty-three and eleven one-hundredths feet); Thence N 73 degrees 07” 00” W 90.46 feet (ninety and forty six one-hundredths feet); Thence N 82 degrees 29’ 35” W 41.83 feet (forty-one and seventy-three one-hundredths feet); Thence N 87 degrees 13’ 45” W 50.63 feet (fifty and sixty-three one-hundredths feet) to the place of beginning. Together with a rights of way as more particularly set forth in Quit Claim Deeds from J.P Stevens & Co., Inc. to Thaddeus J. Niemitz and Mary A. Niemitz, dated November 20, 1951 and recorded in Volume 89 at Page 152, and dated January 18, 1952 and recorded in Volume 89 at Page 159, of the Vernon Land Records. Together with the rights and rights of way set forth in a Warranty Deed from Richard A. St. Germain and Pauline St. Germain to Robert L. St. Germain and Marily A. St. Germain dated May 29, 1965 and recorded in Volume 151 at Page 82; in a Warranty Deed from Rick E. Arborio and Gloria J. Arbario to Joseph G. Grabowski and Dolores S. Grabowski dated November 8, 1971 and recorded in Volume 198 at Page 181 of the said Land Records; and in a Warranty Deed from Raymond W. Raddatz and Dorothy L. Raddatz to Robert P. Hart dated January 28, 1982 and recorded in Volume 425 at Page 112 of the said Land Records. Recorded in Vernon Land Records, Bernice K. Dizon, Vernon Town Clerk, on April 17, 2007 at 02:52P New Haven County, CT THIS WAIVER IS MADE BY THE GUARANTOR ON BEHALF OPEN END MORTGAGE, ASSIGNMENT OF THE GUARANTOR RENTS AND THE GUARANTOR'S SUCCESSORSSECURITY AGREEMENT, HEIRS AND ASSIGNS AND SHALL APPLY TO ANY AND ALL ACTIONS AGAINST SUCH SUCCESSORSdated as of April 12, HEIRS AND ASSIGNS2007 is made by MACDERMID, INCORPORATED, a Connecticut corporation, mortgagor (together with any successors, “Mortgagor”); whose address is 245 Freight Street, Waterbury Connecticut 06702, to CREDIT SUISSE, in its capacity as Administrative Agent and in its capacity as Collateral Agent, for the ratable benefit of the Secured Parties, mortgagee (together with its respective successors and assigns, in such capacities, “Mortgagee”), whose address is Eleven Madison Avenue, New York, New York 10010. References to this “Mortgage” shall mean this instrument and any and all renewals, modifications, amendments, supplements, extensions, consolidations, substitutions, spreaders and replacements of this instrument.

PREJUDGMENT REMEDY. GUARANTOR BORROWER ACKNOWLEDGES THAT THIS TRANSACTION IS A "COMMERCIAL TRANSACTION" AS SUCH IS DEFINED IN CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES AS AMENDED, AND HEREBY WAIVES ANY AND ALL RIGHTS THAT THE BORROWER MAY HAVE UNDER SECTION 52-278(a) THROUGH 57SECTION 52-278(g278(n) OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, OR UNDER ANY OTHER STATE OR FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES INTENDING THEREBY THAT IN THE EVENT OF ANY LEGAL ACTION BETWEEN THE GUARANTOR BORROWER AND THE LENDER OR HOLDER ARISING OUT OF THE NOTE, THIS AGREEMENT MORTGAGE OR THE OTHER LOAN DOCUMENTS, THE LENDER OR HOLDER MAY INVOKE ANY PREJUDGMENT REMEDY, INCLUDING BUT NOT LIMITED TO, GARNISHMENT, ATTACHMENT, FOREIGN ATTACHMENT AND REPLEVIN, WITHOUT GIVING THE BORROWER AND/OR ANY GUARANTOR ANY NOTICE OR OPPORTUNITY FOR A HEARING OR OBTAINING A COURT ORDER. GUARANTOR BORROWER FURTHER HEREBY WAIVES ANY REQUIREMENT OR OBLIGATION OF LENDER TO POST A BOND OR OTHER SECURITY IN CONNECTION WITH ANY PREJUDGMENT REMEDY OBTAINED BY LENDER AND WAIVES ANY OBJECTIONS TO ANY PREJUDGMENT REMEDY OBTAINED BY LENDER BASED ON ANY OFFSETS, CLAIMS, DEFENSES OR COUNTERCLAIMS OF BORROWER OR ANY GUARANTOR GUARANTOR/INDEMNITOR TO ANY ACTION BROUGHT BY LENDER. THIS WAIVER IS MADE BY THE GUARANTOR BORROWER ON BEHALF OF THE GUARANTOR BORROWER AND THE GUARANTORBORROWER'S SUCCESSORS, HEIRS AND ASSIGNS AND SHALL APPLY TO ANY AND ALL ACTIONS AGAINST SUCH SUCCESSORS, HEIRS AND ASSIGNS.

PREJUDGMENT REMEDY. GUARANTOR ACKNOWLEDGES TO INDUCE MORTGAGEE TO ACCEPT THIS MORTGAGE, MORTGAGOR AGREES THAT THE LOAN SECURED BY THIS TRANSACTION IS MORTGAGE, THE NOTES, IF ANY, SECURING SAME AND ALL OTHER LOAN DOCUMENTS ARE AND EVIDENCE. A "“COMMERCIAL TRANSACTION" ,” AS SUCH TERM IS DEFINED IN CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES AS AMENDED, AND HEREBY NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO A NOTICE AND ALL RIGHTS THAT THE BORROWER MAY HAVE HEARING UNDER SECTION 52-278(a) THROUGH 57-278(g) CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, INTENDING THEREBY OR OTHER STATUTE OR STATUTES AFFECTING PREJUDGMENT REMEDIES, AND AUTHORIZES MORTGAGEE’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 MORTGAGEE’S ATTORNEY WHICH MAY ARISE OUT OF SUCH ISSUANCE OF THE WRIT FOR A PREJUDGMENT REMEDY WlTHOUT COURT ORDER, MORTGAGOR ACKNOWLEDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AND AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, MORTGAGOR RECOGNlZES AND UNDERSTANDS THAT THE EXERCISE OF MORTGAGEE’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE EVENT ATTACHMENT OF ANY LEGAL ACTION BETWEEN OR LEVY AGAINST MORTGAGOR’S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE THE GUARANTOR AND PRIOR WRITTEN APPROVAL OR SCRUTINY OF A ‘COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL MORTGAGOR HAVE THE LENDER OR HOLDER ARISING OUT OF THE NOTE, THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS, THE LENDER OR HOLDER MAY INVOKE ANY PREJUDGMENT REMEDY, INCLUDING BUT NOT LIMITED TO, GARNISHMENT, ATTACHMENT, FOREIGN ATTACHMENT AND REPLEVIN, WITHOUT GIVING THE BORROWER AND/OR ANY GUARANTOR RIGHT TO ANY NOTICE OR OPPORTUNITY PRIOR HEARING WHERE MORTGAGOR MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF MORTGAGOR IS TO GRANT TO MORTGAGEE FOR GOOD AND VALUABLE CONSIDERATION THE RIGHT TO OBTAIN SUCH Tolland County, CT A HEARING OR OBTAINING A COURT ORDERPREJUDGMENT REMEDY AND TO. GUARANTOR FURTHER HEREBY WAIVES ASSURE THAT ANY REQUIREMENT OR OBLIGATION OF LENDER TO POST A BOND OR OTHER SECURITY IN CONNECTION WITH ANY SUCH PREJUDGMENT REMEDY OBTAINED IS VALID AND CONSTITUTIONAL. Tolland County, CT This Mortgage has been duly executed by Mortgagor on the date first above written. MACDERMID, INCORPORATED By: /s/ Gregory M. Bolingbroke Name: Gregory M. Bolingbroke Title: Senior Vice President, Finance Witnessed by: /s/ Gregory Ely Name: Gregory Ely /s/ Katherine Agnes-Rojos Name: Katherine Agnes-Rojos Tolland County, CT STATE OF COLORADO ) : ss.: COUNTY OF DENVER ) Personally appeared Gregory M. Bolingbroke, Senior Vice President, Finance of MacDermid, Incorporated signer and sealer of the foregoing instrument, who, being duly authorized, acknowledged the same to be his free act and deed and the free act and deed of said corporation, before me. /s/ Susan Fitzpatrick Commissioner of the Superior Court/ Notary Public Tolland County, CT [See attached] Tolland County, CT That certain piece or parcel of land together with all of the buildings and improvements thereon, located on the southeasterly side of Freight Street in the City of Waterbury, County of New Haven, and State of Connecticut, more particularly described as follows: Beginning at a point on the southeasterly side of Freight Street, which point marks the northwesterly corner of land now or formerly of The Penn Central Corporation and the northeasterly corner of the within described parcel; thence S40°30’54”E, 579.82 feet to a point; thence S40°38’06”W, 468.80 feet along land now or formerly of Raymond L. Garassino to a point; thence N 87°13’30”W, 30.03 feet, along land now or formerly of the State of Connecticut; thence 10.83 feet in a generally northerly direction along the arc of a curve to the right having a radius of 838.82 feet to a point; thence N32°03’04”W, 547.71 feet along the Naugatuck River to a point in the southeasterly side of Freight Street; thence N47°33’36”E, 408.69 feet to the point and place of beginning. Said parcel is further bounded as follows: Northwesterly – on Freight Street; Northeasterly – on land now or formerly of The Pen Central Corporation) Southeasterly – on land now or formerly of Raymond L. Garassino and the State of Connecticut, each in part; and Southwesterly – by the Naugatuck River. Said premises are shown on a certain Map entitled “MAP SHOWING PERIMETER OF LAND TO BE CONVEYED TO MACDERMID, INCORPORATED BY LENDER ATLANTIC RICHFIELD COMPANY WATERBURY, CONN. The A.J. Patton Co., Waterbury Conn., June 23, 1982 Scale 1” = 40’”, which map is recorded in Drawer XIY, Page 12 in the Waterbury Town Clerk’s Office. Together with a possible right of way thirty (30) feet in width from the southeasterly line of said premises, as a right of way from said Freight Street to so-called Race Street, as referred to in a certain deed of Waterbury Brass Company to The American Brass Company dated December 20, 1911, recorded in Volume 241, at Page 346 of the Waterbury Land Records. Together with the right to use existing pipes, drains and appurtenances thereto, and in that connection, the right to use a certain trailrace in common with others, as reserved and more particularly described in paragraph “G” of a certain deed from The Anaconda Company to M.R.T. Realty dated September 8, 1978, recorded in Volume 1344, at Page 110 of the Waterbury Land Records. Together with all right, title, and interest, if any, in and to any lands lying between the southwesterly line of said premises and the centerline of the Naugatuck River. Tolland County, CT This OPEN END MORTGAGE, ASSIGNMENT OF RENTS AND WAIVES ANY OBJECTIONS TO ANY PREJUDGMENT REMEDY OBTAINED BY LENDER BASED ON ANY OFFSETSSECURITY AGREEMENT, CLAIMSdated as of April 12, DEFENSES OR COUNTERCLAIMS OF BORROWER OR ANY GUARANTOR TO ANY ACTION BROUGHT BY LENDER2007 is made by MACDERMID, INCORPORATED, a Connecticut corporation, mortgagor (together with any successors, “Mortgagor”), whose address is 245 Freight Street, Waterbury Connecticut 06702, to CREDIT SUISSE, in its capacity as Administrative Agent and in its capacity as Collateral Agent, for the ratable benefit of the Secured Parties, mortgagee (together with its respective successors and assigns, in such capacities, “Mortgagee”), whose address is Eleven Madison Avenue, New York, New York 10010. THIS WAIVER IS MADE BY THE GUARANTOR ON BEHALF OF THE GUARANTOR AND THE GUARANTOR'S SUCCESSORSReferences to this “Mortgage” shall mean this instrument and any and all renewals, HEIRS AND ASSIGNS AND SHALL APPLY TO ANY AND ALL ACTIONS AGAINST SUCH SUCCESSORSmodifications, HEIRS AND ASSIGNS.amendments, supplements, extensions, consolidations, substitutions, spreaders and replacements of this instrument..

PREJUDGMENT REMEDY. GUARANTOR ACKNOWLEDGES TO INDUCE MORTGAGEE. TO ACCEPT THlS MORTGAGE, MORTGAGOR AGREES THAT THE LOAN SECURED BY THIS TRANSACTION IS MORTGAGE, THE NOTES, lF ANY, SECURlNG SAME AND ALL OTHER LOAN DOCUMENTS ARE AND EVIDENCE A "“COMMERCIAL TRANSACTION" ,” AS SUCH SUCH. TERM IS DEFINED IN CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES AS AMENDED, AND HEREBY NOT A CONSUMER TRANSACTION, AND WAIVES ANY RIGHT TO A NOTICE AND ALL RIGHTS THAT THE BORROWER MAY HAVE HEARING UNDER SECTION 52-278(a) THROUGH 57-278(g) CHAPTER 903a OF THE CONNECTICUT GENERAL STATUTES, AS AMENDED, INTENDING THEREBY OR OTHER STATUTE OR STATUTES AFFECTING PREJUDGMENT REMEDIES, AND AUTHORIZES MORTGAGEE’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 CLAlM IN TORT, CONTRACT OR OTHERWISE AGAINST MORTGAGEE’S ATTORNEY WHICH MAY ARISE OUT OF SUCH New Haven County, CT ISSUANCE OF THE WRIT FOR A PREJUDGMENT REMEDY WlTHOUT COURT ORDER, MORTGAGOR ACKNOWLEDGES AND STIPULATES THAT SUCH WAIVER AND AUTHORIZATION GRANTED ABOVE ARE MADE KNOWINGLY AND FREELY AND AFTER FULL CONSULTATION WITH COUNSEL. SPECIFICALLY, MORTGAGOR RECOGNIZES AND UNDERSTANDS THAT THE EXERCISE OF MORTGAGEE’S RIGHTS DESCRIBED ABOVE MAY RESULT IN THE EVENT ATTACHMENT OF ANY LEGAL ACTION BETWEEN OR LEVY AGAINST MORTGAGOR’S PROPERTY, AND SUCH WRIT FOR A PREJUDGMENT REMEDY WILL NOT HAVE. THE GUARANTOR AND PRIOR WRITTEN APPROVAL OR SCRUTINY OF A COURT OF LAW OR OTHER JUDICIAL OFFICER NOR WILL MORTGAGOR HAVE. THE LENDER OR HOLDER ARISING OUT OF THE NOTE, THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS, THE LENDER OR HOLDER MAY INVOKE ANY PREJUDGMENT REMEDY, INCLUDING BUT NOT LIMITED TO, GARNISHMENT, ATTACHMENT, FOREIGN ATTACHMENT AND REPLEVIN, WITHOUT GIVING THE BORROWER AND/OR ANY GUARANTOR RIGHT TO ANY NOTICE OR OPPORTUNITY PRIOR HEARING WHERE MORTGAGOR MIGHT CONTEST SUCH A PROCEDURE. THE INTENT OF MORTGAGOR IS TO GRANT TO MORTGAGEE FOR GOOD AND VALUABLE. CONSIDERATION THE RIGHT TO OBTAIN SUCH A HEARING OR OBTAINING A COURT ORDER. GUARANTOR FURTHER HEREBY WAIVES PREJUDGMENT REMEDY AND TO ASSURE THAT ANY REQUIREMENT OR OBLIGATION OF LENDER TO POST A BOND OR OTHER SECURITY IN CONNECTION WITH ANY SUCH PREJUDGMENT REMEDY OBTAINED BY LENDER IS VALID AND WAIVES ANY OBJECTIONS TO ANY PREJUDGMENT REMEDY OBTAINED BY LENDER BASED ON ANY OFFSETSCONSTITUTIONAL. New Haven County, CLAIMSCT This Mortgage has been duly executed by Mortgagor on the date first above written. MACDERMID, DEFENSES OR COUNTERCLAIMS INCORPORATED By: /s/ Xxxxxxx X. Xxxxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxxxx Title: Senior Vice President, Finance STATE OF BORROWER OR ANY GUARANTOR TO ANY ACTION BROUGHT BY LENDERCOLORADO ) : ss.: COUNTY OF DENVER ) /s/ Xxxxx Xxxxxxxxxxx Commissioner of the Superior Court/ Notary Public Personally appeared Xxxxxxx X. BohngbnIke, Senior Vice President, Finance of MacDermid, Incorporated signer and sealer of the foregoing instrument, who, being duly authorized, acknowledged the same to be his free act and deed and the free act and deed of said corporation, before me. THIS WAIVER IS MADE BY THE GUARANTOR ON BEHALF OF THE GUARANTOR AND THE GUARANTOR'S SUCCESSORSNew Haven County, HEIRS AND ASSIGNS AND SHALL APPLY TO ANY AND ALL ACTIONS AGAINST SUCH SUCCESSORSCT Description of the Premises FIRST PARCEL: That certain piece or parcel of land, HEIRS AND ASSIGNSwith all the improvements thereon, situated on the southerly aide of Huntingdon Avenue and the northerly side of East Aurora Street, in said Town or Waterbury, county of New Haven and State of Connecticut, bounded and described as follows: Beginning at a point in the southerly line of Huntingdon Avenue, at the northwesterly corner of land, of the Grantee herein, being also the northeasterly corner of the within described land; thence running westerly in, the southerly line of Huntingdon Avenue 100.00 feet; thence making an interior angle of 74’38’30” with the southerly :line of Huntingdon Avenue and running southerly in a line parallel to the westerly line of land of the Grantee herein, 304.78 feet. to the northerly line of Xxxx Xxxxxx Xxxxxx; thence making an interior angle of 15’40’30” with the last .described line and running easterly in the northerly line of Xxxx Xxxxxx Xxxxxx 70.78 feet to a point of curve; thence continuing easterly in the northeasterly line of Xxxx Xxxxxx Xxxxxx and in a line curving to the right having a radius of 6050.00 feet, a distance of 28.74 feet to the southwesterly corner of land of the Grantee herein; thence running northerly in the westerly line of land of the Grantee herein 333,74 feet to the point of beginning. Bounded: NORTHERLY: by Huntingdon Avenue WESTERLY: by other land or the Grantor herein; SOUTHERLY: by Xxxx Xxxxxx Xxxxxx; and EASTERLY: by land of the Grantee herein.