Consent Judgment. The Borrower has executed a federal court version and a state court version of a Consent Judgment as an addendum to this Agreement that are attached as Exhibits 1 and 2, and are incorporated herein by reference. Each Consent Judgment in the amount of $940,000, plus interest as calculated in the Note, as amended, costs and attorneys’ fees, less any payments made pursuant to this Agreement, shall be delivered to Lender’s counsel along with an executed copy of this Agreement, but shall not be used, disclosed, or filed until and unless Borrower fails to make a required payment in the time specified in Sections 2.1 and 2.2 of the Note, as amended by Section 1B of this Agreement. If ▇▇▇▇▇▇▇▇ makes all of the required payments, ▇▇▇▇▇▇’s counsel shall destroy the original Consent Judgments along with any copies made. If Borrower fails to make a required payment timely in accordance with Sections 2.1 and 2.2 of the Note, as amended by Section 1B of this Agreement, Plaintiff may file a Consent Judgment with either the United States District Court for the District of Massachusetts, or the Suffolk Superior Court in the Commonwealth of Massachusetts, as the Lender chooses in its sole discretion. The Lender shall provide written notice of that filing to Borrower. Borrower expressly consents to the jurisdiction of the state courts in the Commonwealth of Massachusetts, and the United States District Court for the District of Massachusetts, for purposes of an action by Lender on the Consent Judgment.
Appears in 1 contract
Sources: Time Note (Us Dry Cleaning Corp)
Consent Judgment. The Borrower has executed and delivered a federal court version and a state court version of a Consent Judgment as an addendum to this Agreement that are attached as Exhibits 1 and 2Judgment, and are incorporated herein by referencewhich have been delivered in connection with the previous amendment. Each Consent Judgment in the amount of $940,000, plus interest as calculated in the Note, as amended, costs and attorneys’ fees, less any payments made pursuant to this Agreementthe Note remain in full force and effect, shall be have been delivered to Lender’s counsel along with an executed copy of this Agreementcounsel, but shall not be used, disclosed, or filed until and unless Borrower fails to make a required payment in the time specified in Sections 2.1 and 2.2 of the Note, as amended by Section 1B of this Agreement. If ▇▇▇▇▇▇▇▇ makes all of the required payments, ▇▇▇▇▇▇’s counsel shall destroy the original Consent Judgments along with any copies made. If Borrower fails to make a required payment timely in accordance with Sections 2.1 and 2.2 of the Note, as amended by Section 1B of this Agreement, Plaintiff may file a Consent Judgment with either the United States District Court for the District of Massachusetts, or the Suffolk Superior Court in the Commonwealth of Massachusetts, as the Lender chooses in its sole discretion. The Lender shall provide written notice of that filing to Borrower. Borrower expressly consents to the jurisdiction of the state courts in the Commonwealth of Massachusetts, and the United States District Court for the District of Massachusetts, for purposes of an action by Lender on the Consent Judgment.
Appears in 1 contract
Sources: Time Note (Us Dry Cleaning Corp)