Common use of Confession of Judgment Clause in Contracts

Confession of Judgment. Except with respect to an Event of Default listed in Sections 2.4(a)(i), 2.4(a)(ii), 2.4(b)(v) and 8.1 of the Loan Agreement, for which the Trustee shall provide notice of default to the Company and prior to the execution of this confession of judgment provide the Company with thirty (30) days from the date of such notice for the Company to cure any such default, upon the occurrence of an Event of Default, the Company hereby submits (and waives all rights to object) to nonexclusive personal jurisdiction in the State of Ohio and authorizes any attorney designated by Holder or any clerk of any court of record in Ohio or elsewhere to appear for Company in any court of record and confess judgment against Company without prior hearing in favor of Holder for, and in the amount of, the outstanding principal balance of the Note, all accrued and unpaid interest thereon, all other amounts payable by Company to Holder under the terms of the Note, and costs of suit and actual attorneys’ fees incurred by Holder in connection with such confession of judgment. Holder agrees that in enforcing any judgment by confession, Holder shall not demand, solely with respect to attorneys’ fees incurred by Holder in connection with such indebtedness for which such judgment is rendered, any amounts in excess of the actual amount of attorneys’ fees charged or billed to Holder. Company hereby releases, to the extent permitted by applicable law, all errors and all rights of exemption, appeal, stay or execution, inquisition and other rights to which Company may otherwise be entitled under the laws of the United States of America or of any state or possession of the United States of America now in force and which may hereafter be enacted. Company hereby consents to the immediate execution of such judgment. The authority and power to appear for and enter judgment against Company shall not be exhausted by one or more exercises thereof or by any imperfect exercise thereof and shall not be extinguished by any judgment entered pursuant thereto. Such authority may be exercised on one or more occasions or from time to time in the same or different jurisdictions as often as Holder shall deem necessary and desirable, for all of which the Note shall be sufficient warrant.

Confession of Judgment. Except with respect to an Event of Default listed in Sections 2.4(a)(i), 2.4(a)(ii), 2.4(b)(v) and 8.1 of the Loan Agreement, for which the Trustee shall provide notice of default to the Company and prior to the execution of this confession of judgment provide the Company with thirty (30) days from the date of such notice for the Company to cure any such default, upon Upon the occurrence of an Event of Default, the Company hereby submits (and waives all rights to object) to nonexclusive personal jurisdiction in Borrower authorizes the State of Ohio and authorizes clerk or any attorney designated by Holder the Bank or any clerk of any court of record in Ohio or elsewhere to appear for Company it in any court of record and confess judgment against Company it without prior hearing hearing, in favor of Holder for, the Bank for and in the amount of, the outstanding principal balance equal to such of the Noteobligations of the Borrower which have been due and payable under Section 8.1 hereof plus interest accrued and unpaid thereon, all other amounts then due and payable hereunder, costs of suit and an attorney's fee in an amount equal to fifteen percent (15%) of such obligations plus all accrued and unpaid interest thereon, all other amounts payable by Company to Holder under provided, however, (a) if the terms of the Note, and costs of suit and actual attorneys’ attorney's fees incurred by Holder the Bank are less than 15% of such obligations (plus all accrued and unpaid interest thereon), the Bank will refund (to the extent actually collected) to the Borrower an amount equal to the difference between 15% of such obligations (plus all accrued and unpaid interest thereon) and the amount of such actual attorney's fees (after all of such obligations have been paid in connection with such confession of judgment. Holder agrees that in enforcing any judgment by confessionfull), Holder shall not demand, solely with respect to attorneys’ or (b) if the actual attorney's fees incurred by Holder in connection with the Bank or other holder hereof exceed 15% of such indebtedness for which such obligations (plus all accrued and unpaid interest thereon, whether by reason of judgment is renderedbeing contested or otherwise, any amounts in excess of the actual Borrower will pay to the Bank on demand the amount of attorneys’ fees charged or billed to Holder. Company hereby releases, to the extent permitted by applicable law, all errors and all rights of exemption, appeal, stay or execution, inquisition and other rights to which Company may otherwise be entitled under the laws of the United States of America or of any state or possession of the United States of America now in force and which may hereafter be enacted. Company hereby consents to the immediate execution of such judgmentexcess. The authority and power to appear for and enter judgment against Company the Borrower shall not be exhausted by one or more exercises thereof thereof, or by any imperfect exercise thereof thereof, and shall not be extinguished by any judgment entered pursuant thereto. Such authority and power may be exercised on one or more occasions or occasions, from time to time time, in the same or different jurisdictions jurisdictions, as often as Holder the Bank shall deem necessary and or desirable, for all of which the this Note shall be a sufficient warrant.. ARTICLE IX MISCELLANEOUS 9.1

Confession of Judgment. Except with respect to If an Event of Default listed in Sections 2.4(a)(i)shall occur hereunder, 2.4(a)(ii), 2.4(b)(v) and 8.1 or a default shall exist under any of the Loan Agreement, for Documents which has not been cured within the Trustee shall provide applicable cure periods (without duplication of any periods of notice or cure provided elsewhere) or defaults under any other obligation whatsoever of default Borrower to the Company and prior to the execution of this confession of judgment provide the Company with thirty (30) days from the date of such notice for the Company to cure any such default, upon the occurrence of an Event of DefaultLender, the Company undersigned hereby submits (irrevocably authorizes and waives all rights to object) to nonexclusive personal jurisdiction in the State of Ohio and authorizes empowers any attorney designated by Holder or any clerk of any court of record in Ohio the Commonwealth of Pennsylvania or elsewhere (either by amicable action or in a proceeding commenced by Complaint) to appear for Company and CONFESS JUDGMENT against all, or any of them, (a) for such sums for which the undersigned are or may become liable to Lender and/or (b) in any court action of record and confess judgment against Company replevin or upon any Writ of Ejectment and/or Possession instituted by Lender to obtain possession of any Collateral securing the undersigned's liability hereunder or any Collateral in possession of any of the undersigned which secures any of their obligations to Lender, in either case, with or without prior hearing in favor declaration, with costs of Holder forsuit, without stay of execution, and in the amount of, the outstanding principal balance with fifteen percent (15%) of the Noteprincipal amount thereof but not less than $5,000 added for attorneys' fees together with interest on said judgment at the highest annual rate permitted by law, all accrued and unpaid interest thereonor if no such rate is specified by law, all other amounts payable by Company to Holder under then at the terms rate of the Note, and costs of suit and actual attorneys’ fees incurred by Holder in connection with such confession of judgment. Holder agrees that in enforcing any judgment by confession, Holder shall not demand, solely with respect to attorneys’ fees incurred by Holder in connection with such indebtedness for which such judgment is rendered, any amounts five percent (5%) per annum in excess of the actual amount rate set forth in the Security Agreement or other documents evidencing the undersigned's obligations to Lender, calculated from the date of attorneys’ fees charged confession until full payment of same is received by Lender. Undersigned each (a) waive the right of inquisition on any real estate levied on, voluntarily condemn the same, authorize any attorney or billed clerk to Holder. Company hereby releasesenter upon the Writ of Execution said voluntary condemnation and agree that said real estate may be sold on a Writ of Execution; (b) waive and release all relief from any and all appraisement, to the extent permitted by applicable lawstay, exemption or appeal clause of any state now in force or hereafter enacted; and (c) release Lender and any said attorney from all errors and all rights damages arising out of exemption, appeal, stay or execution, inquisition and other rights to which Company may otherwise be entitled under the laws of the United States of America or of any state or possession of the United States of America now in force and which may hereafter be enacted. Company hereby consents to the immediate execution of such judgment. The authority and power to appear for and enter judgment against Company shall not be exhausted by one or more exercises thereof or by any imperfect exercise thereof and shall not be extinguished by any judgment entered pursuant thereto. Such authority may be exercised on one or more occasions or from time to time in the same or different jurisdictions as often as Holder shall deem necessary and desirable, for all of which the Note shall be sufficient compliance with this warrant.

Confession of Judgment. Except with respect The undersigned hereby irrevocably authorizes an attorney-at-law to an Event of Default listed in Sections 2.4(a)(i), 2.4(a)(ii), 2.4(b)(v) and 8.1 of the Loan Agreement, for which the Trustee shall provide notice of default to the Company and prior to the execution of this confession of judgment provide the Company with thirty (30) days from the date of such notice appear for the Company to cure undersigned in an action on this Note at any such defaulttime after the same becomes due, upon the occurrence of an Event of Defaultwhether by acceleration or otherwise, the Company hereby submits (and waives all rights to object) to nonexclusive personal jurisdiction in the State of Ohio and authorizes any attorney designated by Holder or any clerk of any court of record in Ohio or elsewhere of the State of Ohio, and to appear for Company in any court waive the issuing and service of record process against the undersigned and to confess judgment against Company without prior hearing in favor of Holder forthe holder of this Note against the undersigned for the amount that may be due, with interest at the rate herein mentioned and cost of suit, and to waive and release all errors in such proceedings and judgment, and all petitions in error and rights of appeal from the amount ofjudgment rendered. The foregoing warrant of attorney shall survive any judgment, and, if any judgment be vacated for any reason, the outstanding principal balance holder hereof nevertheless may thereafter use the foregoing warrant of attorney to obtain an additional judgment or judgments against the Noteundersigned. WARNING—BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR WHETHER FOR RETURNED GOODS, all accrued and unpaid interest thereonFAULTY GOODS, all other amounts payable by Company to Holder under the terms of the NoteFAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, and costs of suit and actual attorneys’ fees incurred by Holder in connection with such confession of judgmentOR ANY OTHER CAUSE. Holder agrees that in enforcing any judgment by confessionPRIMROSE SCHOOL FRANCHISING COMPANY, Holder shall not demand, solely with respect to attorneys’ fees incurred by Holder in connection with such indebtedness for which such judgment is rendered, any amounts in excess of the actual amount of attorneys’ fees charged or billed to Holder. Company hereby releases, to the extent permitted by applicable law, all errors and all rights of exemption, appeal, stay or execution, inquisition and other rights to which Company may otherwise be entitled under the laws of the United States of America or of any state or possession of the United States of America now in force and which may hereafter be enacted. Company hereby consents to the immediate execution of such judgment. The authority and power to appear for and enter judgment against Company shall not be exhausted by one or more exercises thereof or by any imperfect exercise thereof and shall not be extinguished by any judgment entered pursuant thereto. Such authority may be exercised on one or more occasions or from time to time in the same or different jurisdictions as often as Holder shall deem necessary and desirable, for all of which the Note shall be sufficient warrant.a Georgia corporation By: /s/ J. Xxxxx Xxxxxx Name: J. Xxxxx Xxxxxx

Confession of Judgment. Except with respect to an Event of Default listed in Sections 2.4(a)(i), 2.4(a)(ii), 2.4(b)(v) and 8.1 of the Loan Agreement, for which the Trustee shall provide notice of default to the Company and prior to the execution of this confession of judgment provide the Company with thirty (30) days from the date of such notice for the Company to cure any such default, upon Upon the occurrence of an any Event of Default, the Company hereby submits (and waives all rights to object) to nonexclusive personal jurisdiction in the State of Ohio and Guarantor authorizes any attorney designated by Holder or any clerk of admitted to practice before any court of record in Ohio the United States, or elsewhere the clerk of such court, to appear for Company on behalf of Guarantor and to confess judgment in any such court of record and confess judgment against Company without prior hearing in favor of Holder for, and Guarantor in the full amount of, the outstanding principal balance due on this Guaranty at such time plus an attorneys' fee equal to fifteen percent (15%) of the Note, all accrued and unpaid interest thereon, all other amounts payable by Company amount due. Guarantor waives any right to Holder under the terms of the Note, and costs of suit and actual attorneys’ fees incurred by Holder in connection with such confession of judgment. Holder agrees that in enforcing any judgment by confession, Holder shall not demand, solely with respect to attorneys’ fees incurred by Holder in connection with such indebtedness for which such judgment is rendered, any amounts in excess of the actual amount of attorneys’ fees charged notice or billed to Holder. Company hereby releases, a hearing prior to the extent permitted by applicable lawentry of judgment and to the benefit of any and every statute, all errors and all rights ordinance, or rule of court which may be lawfully waived conferring upon Guarantor any right or privilege of exemption, appeal, stay or of execution, inquisition and or supplementary proceedings, or other rights to which Company may otherwise be entitled under relief from the laws enforcement or immediate enforcement of the United States of America a judgment or of any state or possession of the United States of America now in force and which may hereafter be enacted. Company hereby consents to the immediate execution of such related proceedings on a judgment. The authority and power which Guarantor has given for any attorney admitted to practice before any court of record in the United States, or the clerk of such court, to appear for and enter confess judgment against Company Guarantor shall be a continuous authority which shall not be exhausted or extinguished by any one or more exercises or imperfect exercises thereof or by any imperfect exercise thereof and shall not be extinguished by any judgment one or more judgments 4 entered pursuant thereto. Such authority thereto and may be exercised on one or more occasions or and at such times and from time to time after default and in the same or different courts or jurisdictions as often as Holder LaSalle may consider necessary or advisable. Notwithstanding LaSalle's right to obtain a judgment by confession which includes attorney's fees in an amount equal to fifteen percent (15%) of the amount due hereunder, LaSalle shall deem necessary only collect attorney's fees in an amount equal to the actual legal fees and desirableexpenses incurred by LaSalle in connection with the collection of the sums due hereunder and the enforcement of LaSalle's rights under this Guaranty and the documents evidencing, for all of which securing and documenting the Note shall be sufficient warrantBorrower's Liabilities.

Confession of Judgment. Except with respect to an Event of Default listed in Sections 2.4(a)(i), 2.4(a)(ii), 2.4(b)(v) and 8.1 of the Loan Agreement, for which the Trustee shall provide notice of default to the Company and prior to the execution of this confession of judgment provide the Company with thirty (30) days from the date of such notice for the Company to cure any such default, upon Upon the occurrence of an Event of a Default, the Company Borrower hereby submits (and waives all rights to object) object to nonexclusive personal jurisdiction in the State of Ohio Maryland and authorizes any attorney designated by Holder Xxxxxx or any clerk of any court of record in Ohio Maryland or elsewhere to appear for Company Borrower in any court of record and confess judgment against Company Borrower without prior hearing in favor of Holder Lender for, and in the amount of, the outstanding principal balance balance, accrued and unpaid interest, outstanding fees and late charges and all other costs of the collection under this Note, all accrued and unpaid interest thereon, all other amounts payable by Company Borrower to Holder Lender under the terms of the this Note, and costs of suit and actual attorneys’ ' fees incurred of One Hundred Thousand Dollars ($100,000). Notwithstanding any other provisions of this Section, Xxxxxx acknowledges that attorneys' fees are stated to be One Hundred Thousand Dollars ($100,000) solely for purposes of fixing a sum certain for which judgment can be entered by Holder in connection with such confession of judgment. Holder confession; and Xxxxxx agrees that in enforcing any judgment by confession, Holder Xxxxxx shall not demand, solely with respect to attorneys’ ' fees incurred by Holder Xxxxxx in connection with such indebtedness for which after such judgment is rendered, any amounts in excess of the actual amount of reasonable attorneys’ ' fees charged or billed to HolderLender. Company Borrower hereby releases, to the extent permitted by applicable law, all errors and all rights of exemption, appeal, stay or of execution, inquisition and other rights to which Company Borrower may otherwise be entitled under the laws of the United States of America or of any state or possession of the United States of America now in force and which may hereafter be enacted. Company Borrower hereby consents to the immediate execution of such judgment. The authority and power to appear for and enter judgment against Company Borrower shall not be exhausted by one or more exercises thereof or by any imperfect exercise thereof and shall not be extinguished by any judgment entered pursuant thereto. Such authority may be exercised on one or more occasions or from time to time in the same or different jurisdictions as often as Holder Lender shall deem necessary and desirable, for all of which the this Note shall be sufficient warrant.

Confession of Judgment. Except with respect to an Event of Default listed in Sections 2.4(a)(i), 2.4(a)(ii), 2.4(b)(v) and 8.1 of the Loan Agreement, for which the Trustee shall provide notice of default to the Company and prior to the execution of this confession of judgment provide the Company with thirty (30) days from the date of such notice for the Company to cure any such default, upon Upon the occurrence of an Event of Default, the Company Borrower hereby submits (and waives all rights to object) to nonexclusive personal jurisdiction in the State of Ohio and authorizes any attorney designated by Holder the Lender or any clerk of any court of record in Ohio the State of VA or elsewhere anywhere in the United States of America to appear for Company the Borrower in any court of record in one or more proceedings and confess judgment against Company the Borrower without prior hearing in favor of Holder the Lender for, and in the amount of, the outstanding principal balance of the Notebalance, all accrued and unpaid interest thereon, all other amounts payable by Company the Borrower to Holder the Lender under the terms of the this Note, and costs of suit and actual attorneys’ ' fees incurred by Holder in connection with such confession of judgment. Holder agrees that in enforcing any judgment by confession, Holder shall not demand, solely with respect to attorneys’ fees incurred by Holder in connection with such indebtedness for which such judgment is rendered, any amounts in excess fifteen percent (15%) of the actual amount of attorneys’ fees charged or billed to Holderoutstanding principal balance. Company The Borrower hereby releases, to the extent permitted by applicable law, all errors and all rights of exemption, appeal, stay or of execution, inquisition and other rights to which Company the Borrower may otherwise be entitled under the laws of the United States of America or of any state or possession of the United States of America now in force and which may hereafter be enacted. Company The Borrower hereby consents to the immediate execution of such judgment. The authority and power to appear for and enter judgment against Company the Borrower shall not be exhausted by one or more exercises thereof or by any imperfect exercise thereof and shall not be extinguished by any judgment entered pursuant thereto. Such authority may be exercised on one or more occasions or from time to time in the same or different jurisdictions as often as Holder the Lender shall deem necessary and desirable, for all of which the this Note shall be a sufficient warrant.

Confession of Judgment. Except with respect to an Event of Default listed in Sections 2.4(a)(i), 2.4(a)(ii), 2.4(b)(v) and 8.1 of the Loan Agreement, for which the Trustee shall provide notice of default to the Company and prior to the execution of this confession of judgment provide the Company with thirty (30) days from the date of such notice for the Company to cure any such default, upon Upon the occurrence of an any Event of Default, the Company hereby submits (Borrower authorizes and waives all rights to object) to nonexclusive personal jurisdiction in the State of Ohio and authorizes empowers any attorney designated by Holder or any clerk of admitted to practice before any court of record in Ohio or elsewhere the United States to appear for Company in any court on behalf of record Borrower and confess judgment on behalf of Borrower against Company without prior hearing Borrower in favor the full amount due under this Agreement plus attorneys' fees of Holder forfifteen percent (15%) of such amount. (Notwithstanding the amount of any such judgment, Lender agrees by accepting this Note to use reasonable efforts to obtain legal counsel who will charge Lender for services on an hourly basis, at his or her customary hourly rate(s) and only for time expended and actual expenses incurred, and Lender agrees not to enforce a judgment for legal fees against Borrower in the an amount of, the outstanding principal balance in excess of the Note, all accrued fees and unpaid interest thereon, all other amounts payable by Company expenses actually charged to Holder under the terms of the NoteLender for services rendered by, and costs of suit and for actual attorneys’ fees expenses incurred by Holder its counsel in connection with such confession of judgment. Holder judgment and the collection of all amounts owed by Borrower to Lender.) In any action brought by Lender under this Agreement, Borrower consents to the exercise of personal jurisdiction over it by the courts of the State of Colorado and agrees that venue shall be proper in enforcing any judgment by confession, Holder shall not demand, solely with respect to attorneys’ fees incurred by Holder in connection with such indebtedness for which such judgment is rendered, any amounts in excess County of the actual amount State of attorneys’ fees charged Colorado or billed in the City and County of Denver, in addition to Holderany other court where venue may be proper. Company hereby Borrower waives and releases, to the extent permitted by applicable law, all errors and all rights of exemption, appeal, stay or of execution, inquisition and other rights extension upon any levy on real estate or personal property to which Company Borrower may otherwise be entitled under the laws of the United States of America or of any state or possession of the United States of America now in force and or which may hereafter be enacted. Company hereby consents to passed, as well as the benefit of any or every statute, ordinance, or rule of court which may be lawfully waived conferring upon Borrower any right or privilege of exemption, stay of exercise, or supplementary proceedings, or other relief from the enforcement or immediate execution enforcement of such a judgment or related proceedings on a judgment. The authority and power to appear for and enter judgment against Company Borrower shall be exercisable concurrently in one or more jurisdictions and shall not be exhausted or extinguished by one or more exercises thereof thereof, or by any imperfect exercise thereof and shall not be extinguished or by any judgment entered pursuant thereto. Such authority and power may be exercised on one or more occasions or occasions, from time to time time, in the same or different jurisdictions jurisdictions, as often as Holder Lender shall deem necessary and or desirable, for all of which the Note this Agreement shall be sufficient warrant.

Confession of Judgment. Except with respect The Borrower irrevocably authorizes any attorney-at-law, including any attorney-at-law employed or retained by the Lender, to an Event of Default listed in Sections 2.4(a)(i), 2.4(a)(ii), 2.4(b)(v) and 8.1 of the Loan Agreement, for which the Trustee shall provide notice of default to the Company and prior to the execution of this confession of judgment provide the Company with thirty (30) days from the date of such notice appear for the Company to cure any such default, upon the occurrence of an Event of Default, the Company hereby submits (and waives all rights to object) to nonexclusive personal jurisdiction Borrower in the State of Ohio and authorizes any attorney designated by Holder or any clerk of any court of record in Franklin County, Ohio (which the Borrower acknowledges to be the place where this Note was made), or elsewhere any other state or jurisdiction wherein the Borrower may then reside, to appear for Company in any court (i) waive the issuing and service of record and process; (ii) confess judgment against Company without prior hearing the Borrower in favor of Holder for, and in the holder of this Note for the amount ofthen due, the outstanding principal balance of the Note, all accrued and unpaid interest thereon, all other amounts payable by Company to Holder under the terms of the Note, and together with costs of suit suit; (iii) release all errors; and actual attorneys’ fees incurred by Holder in connection with such confession of judgment. Holder agrees that in enforcing any judgment by confession, Holder shall not demand, solely with respect to attorneys’ fees incurred by Holder in connection with such indebtedness for which such judgment is rendered, any amounts in excess of the actual amount of attorneys’ fees charged or billed to Holder. Company hereby releases, to the extent permitted by applicable law, all errors and (iv) waive all rights of exemption, appeal, stay or execution, inquisition and other rights to which Company may otherwise be entitled under the laws of the United States of America or of any state or possession of the United States of America now in force and which may hereafter be enacted. Company hereby The Borrower consents to the immediate execution jurisdiction and venue of such judgmentthat court. The authority Borrower waives any conflict of interest that any attorney-at-law, including any attorney-at-law employed or retained by the Lender, may have in confessing judgment hereunder and power consents to appear for and enter the payment of a legal fee to any attorney-at-law confessing judgment against Company shall not be exhausted by one or more exercises thereof or by any imperfect exercise thereof and shall not be extinguished by any judgment entered pursuant theretohereunder. Such authority may be exercised on one or more occasions or from time to time in the same or different jurisdictions as often as Holder shall deem necessary and desirableWARNING - BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR WHETHER FOR RETURNED GOODS, for all of which the Note shall be sufficient warrant.FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. WENDX-XXXXXXX XXXLTH SERVICES CORPORATION BY: ----------------------------------- SHELXXX X. XXXX, XXESIDENT

Confession of Judgment. Except with respect to an Event of Default listed in Sections 2.4(a)(i), 2.4(a)(ii), 2.4(b)(v) and 8.1 of the Loan Agreement, for which the Trustee shall provide notice of default to the Company and prior to the execution of this confession of judgment provide the Company with thirty (30) days from the date of such notice for the Company to cure any such default, upon Upon the occurrence of an any Event of Default, the Company hereby submits (and waives all rights to object) to nonexclusive personal jurisdiction in the State of Ohio and Guarantor authorizes any attorney designated by Holder or any clerk of admitted to practice before any court of record in Ohio the United States, or elsewhere the clerk of such court, to appear for Company on behalf of Guarantor and to confess judgment in any such court of record and confess judgment against Company without prior hearing in favor of Holder for, and Guarantor in the full amount of, the outstanding principal balance due on this Guaranty at such time plus an attorneys' fee equal to fifteen percent (15%) of the Note, all accrued and unpaid interest thereon, all other amounts payable by Company amount due. Guarantor waives any right to Holder under the terms of the Note, and costs of suit and actual attorneys’ fees incurred by Holder in connection with such confession of judgment. Holder agrees that in enforcing any judgment by confession, Holder shall not demand, solely with respect to attorneys’ fees incurred by Holder in connection with such indebtedness for which such judgment is rendered, any amounts in excess of the actual amount of attorneys’ fees charged notice or billed to Holder. Company hereby releases, a hearing prior to the extent permitted by applicable lawentry of judgment and to the benefit of any and every statute, all errors and all rights ordinance, or rule of court which may be lawfully waived conferring upon Guarantor any right or privilege of exemption, appeal, stay or of execution, inquisition and or supplementary proceedings, or other rights to which Company may otherwise be entitled under relief from the laws enforcement or immediate enforcement of the United States of America a judgment or of any state or possession of the United States of America now in force and which may hereafter be enacted. Company hereby consents to the immediate execution of such related proceedings on a judgment. The authority and power which Guarantor has given for any attorney admitted to practice before any court of record in the United States, or the clerk of such court, to appear for and enter confess judgment against Company Guarantor shall be a continuous authority which shall not be exhausted or extinguished by any one or more exercises or imperfect exercises thereof or by any imperfect exercise thereof and shall not be extinguished by any judgment one or more judgments entered pursuant thereto. Such authority thereto and may be exercised on one or more occasions or and at such times and from time to time after default and in the same or different courts or jurisdictions as often as Holder LaSalle may consider necessary or advisable. Notwithstanding LaSalle's right to obtain a judgment by confession which includes attorney's fees in an amount equal to fifteen percent (15%) of the amount due hereunder, LaSalle shall deem necessary only collect attorney's fees in an amount equal to the actual legal fees and desirableexpenses incurred by LaSalle in connection with the collection of the sums due hereunder and the enforcement of LaSalle's rights under this Guaranty and the documents evidencing, for all of which securing and documenting the Note shall be sufficient warrantBorrower's Liabilities.

Confession of Judgment. Except with respect to an Event of Default listed in Sections 2.4(a)(i), 2.4(a)(ii), 2.4(b)(v) and 8.1 of the Loan Agreement, for which the Trustee shall provide notice of default to the Company and prior to the execution of this confession of judgment provide the Company with thirty (30) days from the date of such notice for the Company to cure any such default, upon Upon the occurrence of an Event of DefaultEVENT OF DEFAULT under this AGREEMENT or a default or EVENT OF DEFAULT under any other LOAN DOCUMENT as modified by this AGREEMENT, the Company hereby submits (OBLIGORS irrevocably authorize and waives all rights to object) to nonexclusive personal jurisdiction in the State of Ohio and authorizes empower any attorney designated by Holder or any clerk of admitted to practice before any court of record in Ohio or elsewhere the United States to appear for Company on behalf of any or all of the OBLIGORS in any court of record such court, in one or more proceedings, or before any clerk thereof, and to confess judgment against Company any or all of the OBLIGORS, without prior hearing notice or opportunity for prior hearing, in favor of Holder forthe BANK, for the full amount then owed to the BANK under the LOAN DOCUMENTS, plus an attorneys' fee equal to fifteen percent (15%) of said amounts, plus court costs. In addition to all other courts where jurisdiction and in the amount ofvenue would be proper, the outstanding principal balance OBLIGORS consent to the jurisdiction and venue of the Note, all accrued and unpaid interest thereon, all other amounts payable by Company to Holder under the terms courts of any county of the NoteState of Maryland, and costs of suit and actual attorneys’ fees incurred by Holder in connection with such confession of judgment. Holder agrees that in enforcing any judgment by confessionor Baltimore City, Holder shall not demandMaryland, solely with respect to attorneys’ fees incurred by Holder in connection with such indebtedness for which such judgment is rendered, any amounts in excess of the actual amount of attorneys’ fees charged or billed to Holder. Company hereby releases, to the extent permitted by applicable law, all errors and all rights of exemption, appeal, stay or execution, inquisition and other rights to which Company may otherwise be entitled under the laws of the United States District Court for the District of America Maryland for the entry of said judgment(s). The OBLIGORS waive and release all errors, defects, and imperfections whatsoever in the entry of said judgment(s) and hereby agree that no writ of error or objection or motion or rule to open or strike said judgment(s) or appeal shall be made or taken thereto. The OBLIGORS also waive any right to notice or a hearing prior to the entry of said judgments and further waive the benefit of any state and every statute, ordinance, or possession rule of the United States of America now in force and court which may hereafter be enacted. Company hereby consents to lawfully waived conferring upon the OBLIGORS any right or privilege of exemption including, but not limited to, any homestead exemption, stay of execution, or supplementary proceedings, or other relief from the enforcement or immediate execution enforcement of such a judgment or related proceedings on a judgment. The authority and power to appear for and enter judgment judgment(s) against Company the OBLIGORS pursuant to the authority granted herein shall not be exhausted by one or more exercises thereof thereof, or by any imperfect exercise thereof thereof, and shall not be extinguished by any judgment judgment(s) entered pursuant thereto. Such ; such authority and power may be exercised on one or more occasions or from time to time time, in the same or different jurisdictions jurisdictions, as often as Holder shall the BANK may deem necessary and desirable, for all of which the Note shall be sufficient warrantor advisable.

Confession of Judgment. Except with respect to an Event of Default listed in Sections 2.4(a)(i), 2.4(a)(ii), 2.4(b)(v) and 8.1 of the Loan Agreement, for which the Trustee shall provide notice of default to the Company and prior to the execution of this confession of judgment provide the Company with thirty (30) days from the date of such notice for the Company to cure any such default, upon the occurrence of an Event of Default, the Company hereby submits (and waives all rights to object) to nonexclusive personal jurisdiction in the State of Ohio and authorizes any attorney designated by Holder or any clerk of any court of record in Ohio or elsewhere to appear for Company in any court of record and confess judgment against Company without prior hearing in favor of Holder for, and in the amount of, the outstanding principal balance of the this Note, all accrued and unpaid interest thereon, all other amounts payable by Company to Holder under the terms of the this Note, and costs of suit and actual attorneys’ fees incurred by Holder in connection with such confession of judgment. Holder agrees that in enforcing any judgment by confession, Holder shall not demand, solely with respect to attorneys’ fees incurred by Holder in connection with such indebtedness for which such judgment is rendered, any amounts in excess of the actual amount of attorneys’ fees charged or billed to Holder. Company hereby releases, to the extent permitted by applicable law, all errors and all rights of exemption, appeal, stay or execution, inquisition and other rights to which Company may otherwise be entitled under the laws of the United States of America or of any state or possession of the United States of America now in force and which may hereafter be enacted. Company hereby consents to the immediate execution of such judgment. The authority and power to appear for and enter judgment against Company shall not be exhausted by one or more exercises thereof or by any imperfect exercise thereof and shall not be extinguished by any judgment entered pursuant thereto. Such authority may be exercised on one or more occasions or from time to time in the same or different jurisdictions as often as Holder shall deem necessary and desirable, for all of which the this Note shall be sufficient warrant.