Common use of Executory Process Clause in Contracts

Executory Process. For purposes of executory process under applicable Louisiana law, Mortgagor does hereby acknowledge the Secured Obligations, CONFESS JUDGMENT thereon and consent that judgment be rendered and signed, whether during the court’s term or during vacation, in favor of the Mortgagee, for the full amount of the Secured Obligations, including, but not limited to, the Loans, the Credit Agreement and the other Financing Documents, in principal, interest, costs and attorneys’ fees, together with all charges and expenses whatsoever owing pursuant to this Mortgage. Upon the occurrence of an Event of Default, and in addition to all of its rights, powers and remedies under this Mortgage and applicable law, Mortgagee may, at its option, cause all or any part of the Mortgaged Property to be seized and sold under executory process or under writ of fieri facias issued in execution of an ordinary judgment obtained upon the Secured Obligations, without appraisement to the highest bidder, for cash or upon such terms as Mortgagee deems acceptable. Mortgagor hereby waives all and every appraisement of the Mortgaged Property and waives and renounces the benefit of appraisement and the benefit of all laws relative to the appraisement of the Mortgaged Property seized and sold under executory or other legal process. Mortgagor agrees to waive, and does hereby specifically waive: (i) the benefit of appraisement provided for in Articles 2332, 2336, 2723 and 2724, Louisiana Code of Civil Procedure, and all other laws conferring such benefits; (ii) the demand and three (3) days’ delay accorded by Articles 2639 and 2721, Louisiana Code of Civil Procedure; (iii) the notice of seizure required by Article 2293, Louisiana Code of Civil Procedure; (iv) the three (3) days’ delay provided by Articles 2331 and 2722, Louisiana Code of Civil Procedure; (v) the benefit of the other provisions of Articles 2331, 2722 and 2723, Louisiana Code of Civil Procedure; (vi) the benefit of the provisions of any other articles of the Louisiana Code of Civil Procedure not specifically mentioned above; and (vii) all pleas of division and discussion with respect to the Secured Obligations.

Executory Process. For Solely for purposes of executory process (and for no other purpose whatsoever) under applicable Louisiana law, Mortgagor does each Debtor hereby acknowledge acknowledges the Secured Obligations, CONFESS JUDGMENT thereon and consent that judgment be rendered and signed, whether during the court’s term or during vacation, in favor of the Mortgagee, for the full amount of the Secured Obligations, including, but not limited to, the Loans, the Credit Agreement Note and the any other Financing DocumentsObligations, in principal, interest, costs interest and attorneys’ fees, together with all charges and expenses whatsoever owing pursuant to this MortgageAgreement and any other Loan Document, and CONFESSES JUDGMENT thereon. Upon the occurrence of an Event of Default, and in addition to all of its rights, powers and remedies under this Mortgage Agreement, the other Loan Documents and applicable law, Mortgagee the Secured Party may, at its option, cause all or any part of the Mortgaged Property Collateral to be seized and sold under executory process process, or under writ of fieri facias issued in execution of an ordinary judgment obtained upon the Secured Obligations, without appraisement to the highest bidder, for cash or upon under such terms as Mortgagee the Secured Party deems acceptable. Mortgagor Each Debtor hereby waives all and every appraisement of the Mortgaged Property Collateral and waives and renounces the benefit of appraisement and the benefit of all laws relative to the appraisement of the Mortgaged Property Collateral seized and sold under executory or other legal process. Mortgagor Each Debtor agrees to waive, waive and does hereby specifically waive: (ia) the benefit of appraisement provided for in Articles 2332, 2336, 2723 2723, and 2724, Louisiana Code of Civil Procedure, and all other laws conferring such benefits; (iib) the demand and three (3) days’ days delay accorded by Article 2721, Louisiana Code of Civil Procedure; (c) the notice of seizure required by Articles 2639 2293 and 2721, Louisiana Code of Civil Procedure; (iii) the notice of seizure required by Article 2293, Louisiana Code of Civil Procedure; (ivd) the three (3) days’ days delay provided by Articles 2331 and 2722, Louisiana Code of Civil Procedure; (ve) the benefit of the other provisions of Articles 2331, 2722 2722, and 2723, Louisiana Code of Civil Procedure; (vif) the benefit of the provisions of any other articles of the Louisiana Code of Civil Procedure not specifically mentioned above; and (viig) all pleas of division and discussion with respect to the Obligations. Pursuant to the authority contained in Louisiana Revised Statutes 9:5136 through 9:5140.2, each Debtor and the Secured ObligationsParty do hereby expressly designate the Secured Party or its designee to be keeper or receiver ("Keeper") for the benefit of the Secured Party or any assignee of the Secured Party, such designation to take effect immediately upon any seizure of any of the Collateral under writ of executory process or under writ of sequestration or fieri facias as an incident to an action brought by the Secured Party. The Debtors, jointly and severally, shall reimburse the Secured Party for the Keeper's reasonable fees, and such Keeper's reasonable fees shall be secured by the security interest in the Collateral granted in this Agreement.

Executory Process. (a) For purposes of executory process under applicable Louisiana law, Mortgagor does each Grantor hereby acknowledge acknowledges the Secured Grantor’s Obligations, CONFESS JUDGMENT confesses judgment thereon and consent consents that judgment be rendered and signed, whether during the court’s term or during vacation, in favor of the MortgageeCollateral Agent, for the ratable benefit of the Secured Parties, for the full amount of the Secured Grantor’s Obligations, including, but not limited to, the Loans, the Credit Agreement and the other Financing Documents, in principal, interest, costs interest and attorneys’ fees, together with all charges and expenses whatsoever owing pursuant to this MortgageAgreement and any other related documents. Upon the occurrence of an Event of Default, and in addition to all of its rights, powers and remedies under this Mortgage Agreement, the other related documents and applicable law, Mortgagee the Collateral Agent may, at its option, cause all or any part of the Mortgaged Property Collateral to be seized and sold under executory process process, or under writ of fieri facias issued in execution of an ordinary judgment obtained upon the Secured Grantor’s Obligations, without appraisement to the highest bidder, for cash or upon under such terms as Mortgagee the Collateral Agent deems acceptable. Mortgagor Each Grantor hereby waives all and every appraisement of the Mortgaged Property Collateral and waives and renounces the benefit of appraisement and the benefit of all laws relative to the appraisement of the Mortgaged Property Collateral seized and sold under executory or other legal process. Mortgagor Each Grantor agrees to waive, waive and does hereby specifically waive: (i) the benefit of appraisement provided for in Articles 2332, 2336, 2723 2723, and 2724, Louisiana Code of Civil Procedure, and all other laws conferring such benefits; (ii) the demand and three (3) days’ days delay accorded by Articles 2639 and 2721, Louisiana Code of Civil Procedure; (iii) the notice of seizure required by Article 2293Articles 2293 and 2721, Louisiana Code of Civil Procedure; (iv) the three (3) days’ days delay provided by Articles 2331 and 2722, Louisiana Code of Civil Procedure; (v) the benefit of the other provisions of Articles 2331, 2722 2722, and 2723, Louisiana Code of Civil Procedure; (vi) the benefit of the provisions of any other articles of the Louisiana Code of Civil Procedure not specifically mentioned above; and (vii) all pleas of division and discussion with respect to the Secured Grantor’s Obligations. (b) In the event the Collateral Agent elects, at its option, to enter suit via ordinaria on the Grantor’s Obligations, in addition to the foregoing confession of judgment and waivers, each Grantor hereby waives citation, other legal process and legal delays and hereby consents that judgment for the unpaid principal due on the Grantor’s Obligations, together with interest, reasonable attorneys’ fees, costs and other charges that may be due on the Grantor’s Obligations, be rendered and signed immediately. (c) Pursuant to the authority contained in Louisiana Revised Statutes 9:5136 through 9:5140.2, each Grantor and the Collateral Agent do hereby expressly designate the Collateral Agent or its designee to be keeper or receiver (“Keeper”) for the benefit of the Secured Parties or any assignee of the Secured Parties, such designation to take effect immediately upon any seizure of any of the Collateral under writ of executory process or under writ of sequestration or fieri facias as an incident to an action brought by the Collateral Agent. The fees of the Keeper are hereby fixed at five percent (5%) of the amount due or sued for or claimed or sought to be protected, preserved or enforced in the proceeding for the recognition of the security interest created hereby, and the payment of such fees shall be secured by the security interest in the Collateral granted in this Agreement.

Executory Process. For Solely for purposes of executory process (and for no other purpose whatsoever) under applicable Louisiana law, Mortgagor does the Debtor hereby acknowledge acknowledges the Secured Obligations, CONFESS CONFESSES JUDGMENT thereon and consent consents that judgment be rendered and signed, whether during the court’s term or during vacation, in favor of the Mortgagee, Secured Party for the full amount of the Secured Obligations, including, but not limited to, the Loans, the Credit Agreement Notes and the any other Financing DocumentsObligations, in principal, interest, costs interest and attorneys’ fees, together with all charges and expenses whatsoever owing pursuant to this MortgageAgreement and any other Loan Document. Upon the occurrence of an Event of Default, and in addition to all of its rights, powers and remedies under this Mortgage Agreement, the other Loan Documents and applicable law, Mortgagee the Secured Party may, at its option, cause all or any part of the Mortgaged Property Collateral to be seized and sold under executory process process, or under writ of fieri facias issued in execution of an ordinary judgment obtained upon the Secured Obligations, without appraisement to the highest bidder, for cash or upon under such terms as Mortgagee the Secured Party deems acceptable. Mortgagor The Debtor hereby waives all and every appraisement of the Mortgaged Property Collateral and waives and renounces the benefit of appraisement and the benefit of all laws relative to the appraisement of the Mortgaged Property Collateral seized and sold under executory or other legal process. Mortgagor The Debtor agrees to waive, waive and does hereby specifically waive: (ia) the benefit of appraisement provided for in Articles 2332, 2336, 2723 2723, and 2724, Louisiana Code of Civil Procedure, and all other laws conferring such benefits; (iib) the demand and three (3) days’ days delay accorded by Articles 2639 and 2721, Louisiana Code of Civil Procedure; (iiic) the notice of seizure required by Article 2293Articles 2293 and 2721, Louisiana Code of Civil Procedure; (ivd) the three (3) days’ days delay provided by Articles 2331 and 2722, Louisiana Code of Civil Procedure; (ve) the benefit of the other provisions of Articles 2331, 2722 2722, and 2723, Louisiana Code of Civil Procedure; (vif) the benefit of the provisions of any other articles of the Louisiana Code of Civil Procedure not specifically mentioned above; and (viig) all pleas of division and discussion with respect to the Obligations. Pursuant to the authority contained in Louisiana Revised Statutes 9:5136 through 9:5140.2, the Debtor and the Secured ObligationsParty do hereby expressly designate the Secured Party or its designee to be keeper or receiver (“Keeper”) for the benefit of the Secured Party or any assignee of the Secured Party, such designation to take effect immediately upon any seizure of any of the Collateral under writ of executory process or under writ of sequestration or fieri facias as an incident to an action brought by the Secured Party. The Debtor shall reimburse the Secured Party for the Keeper’s reasonable fees, and the Keeper’s reasonable fees shall be secured by the security interest in the Collateral granted in this Agreement.

Executory Process. For purposes of executory process ----------------- under applicable Louisiana law, Mortgagor does Debtor hereby acknowledge acknowledges the Secured ObligationsIndebtedness, CONFESS CONFESSES JUDGMENT thereon and consent consents that judgment be rendered and signed, whether during the court’s 's term or during vacation, in favor of the MortgageeSecured Party, for the full amount of the Secured ObligationsIndebtedness, including, including but not limited to, the LoansNote, the Credit Agreement and the other Financing Documents, Indebtedness in principal, interest, costs and attorneys’ attorney's fees, together with all charges and expenses whatsoever owing pursuant to this Mortgageinstrument, the Loan Agreement and the other Loan Documents. Upon the occurrence of an Event of Default, and in addition to all of its rights, powers and remedies under this Mortgage instrument and applicable law, Mortgagee Secured Party may, at its option, cause all or any part of the Mortgaged Property Collateral to be seized and sold under executory process or under writ of fieri facias issued in execution of an ordinary judgment obtained upon the Secured ObligationsIndebtedness, without appraisement to the highest bidder, for cash or upon under such terms as Mortgagee Secured Party deems acceptable. Mortgagor Debtor hereby waives all and every appraisement of the Mortgaged Property Collateral and waives and renounces the benefit of appraisement and the benefit of all laws relative to the appraisement of the Mortgaged Property Collateral seized and sold under executory or other legal process. Mortgagor Debtor agrees to waive, and does hereby specifically waive: (ia) the benefit of appraisement provided for in Articles 2332, 2336, 2723 and 2724, Louisiana Code of Civil Procedure, and all other laws conferring such benefits; (iib) the demand and three (3) days’ days delay accorded by Articles 2639 and 2721, Louisiana Code of Civil Procedure; (iiic) the notice of seizure required by Article 2293Articles 2293 and 2721, Louisiana Code of Civil Procedure; (ivd) the three (3) days’ days delay provided by Articles 2331 and 2722, Louisiana Code of Civil Procedure; (ve) the benefit of the other provisions of Articles 2331, 2722 and 2723, Louisiana Code of Civil Procedure; (vif) the benefit of the provisions of any other articles of the Louisiana Code of Civil Procedure not specifically mentioned above; and (viig) all pleas of division and discussion with respect to the Indebtedness. In the event Secured ObligationsParty elects, at its option, to enter suite via ordinaria on the Indebtedness, in addition to the foregoing confession of judgment, Debtor hereby waives citation, other legal process and legal delays and hereby consents that judgment for the unpaid principal due on the Indebtedness, together with interest, attorneys' fees, costs and other charges that may be due on the Indebtedness, be rendered and signed immediately. Pursuant to the authority contained in La. R.S. 9:5136 through 9:5140.1, as the same may be amended or supplemented, Debtor and Secured Party do hereby expressly designate Secured Party or its designee to be keeper or receiver ("Keeper") for the benefit of Secured Party or any assignee of Secured ------ Party, such designation to take effect immediately upon any seizure of any of the Collateral under writ of executory process or under writ of sequestration or fieri facias as an incident to an action brought by Secured Party.