Common use of Warrant of Attorney Clause in Contracts

Warrant of Attorney. The undersigned and all indorsers authorize any attorney at law, including an attorney engaged by the holder, to appear in any court of record in Columbus, Ohio, after the indebtedness evidenced hereby, or any part thereof, becomes due and waive the issuance and service of process and confess judgment against any one or more than one of the undersigned and all indorsers in favor of the holder, for the amount then appearing due, together with costs of suit and, thereupon, to release all errors and waive all rights of appeal and stay of execution, but no such judgment or judgments against any one of the undersigned shall be a bar to a subsequent judgment or judgments against any one or more than one of such persons against whom judgment has not been obtained hereon. The foregoing warrant of attorney shall survive any judgment; and if any judgment be vacated for any reason, the holder hereof nevertheless may thereafter use the foregoing warrant of attorney to obtain an additional judgment or judgments against the undersigned and all indorsers or any one or more of them. The undersigned and all indorsers hereby expressly waive any conflict of interest that the holder's attorney may have in confessing such judgment against such parties and expressly consent to the confessing attorney receiving a legal fee from the holder for confessing such judgment against such parties.

Appears in 7 contracts

Samples: Max & Ermas Restaurants Inc, Max & Ermas Restaurants Inc, Max & Ermas Restaurants Inc

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Warrant of Attorney. The undersigned and all indorsers Borrowers authorize any attorney at law, including an attorney engaged by the holderBank, to appear in any court of record in Columbus, Ohiothe State of Ohio or any other State or Territory of the United States, after the indebtedness evidenced hereby, or any part thereof, becomes due occurrence of an Event of Default hereunder and waive the issuance and service of process and confess judgment against the Borrowers or any one or more than one of the undersigned and all indorsers them in favor of the holderBank, for the amount of the Obligations then appearing due, together with costs of suit and, thereupon, to release all errors and waive all rights of appeal and stay of execution, but no such judgment or judgments against any one of the undersigned Borrowers shall be a bar to a subsequent judgment or judgments against any one or more than one of such persons against whom judgment has not been obtained hereon. The Borrowers hereby expressly waive any conflict of interest that the Bank's attorney may have in confessing such judgment against Borrowers and expressly consent to the confessing attorney receiving a legal fee from the holder for confessing such judgment against Borrowers. This warrant of attorney to confess judgment is a joint and several warrant of attorney. The foregoing warrant of attorney shall survive any judgment; and if any judgment be vacated for any reason, the holder hereof Bank nevertheless may thereafter use the foregoing warrant of attorney to obtain an additional judgment or judgments against the undersigned and all indorsers Borrowers or any one or more of them. The undersigned and all indorsers hereby expressly waive any conflict of interest that the holder's attorney may have in confessing such judgment against such parties and expressly consent to the confessing attorney receiving a legal fee from the holder for confessing such judgment against such parties.

Appears in 1 contract

Samples: Workout Agreement (Quality Products Inc)

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