CONFESSION OF JUDGEMENT. THE LOAN PARTIES HEREBY AUTHORIZE ANY ATTORNEY-AT-LAW TO APPEAR IN ANY COURT OF RECORD IN ANY COUNTY IN THE STATE OF OHIO OR ELSEWHERE WHERE A LOAN PARTY HAS A PLACE OF BUSINESS, SIGNED THIS AGREEMENT OR CAN BE FOUND, AFTER THE LENDER DECLARES A DEFAULT AND ACCELERATES THE BALANCES DUE UNDER THIS AGREEMENT, TO WAIVE THE ISSUANCE OF SERVICE OF PROCESS AND CONFESS JUDGMENT AGAINST THE LOAN PARTIES IN FAVOR OF THE LENDER FOR THE AMOUNTS THEN APPEARING DUE, TOGETHER WITH THE COSTS OF SUIT, AND THEREUPON TO RELEASE ALL ERRORS AND WAIVE ALL RIGHT OF APPEAL AND STAY OF EXECUTION. THE LOAN PARTIES AGREE AND CONSENT THAT THE ATTORNEY CONFESSING JUDGMENT ON BEHALF OF THE LOAN PARTIES HEREUNDER MAY ALSO BE COUNSEL TO THE LENDER OR ANY OF ITS RESPECTIVE AFFILIATES, WAIVES ANY CONFLICT OF INTEREST WHICH MIGHT OTHERWISE ARISE, AND CONSENTS TO THE LENDER PAYING SUCH CONFESSING ATTORNEY A LEGAL FEE OR ALLOWING SUCH ATTORNEY’S FEES TO BE PAID FROM ANY PROCEEDS OF COLLECTION OF THIS AGREEMENT OR COLLATERAL SECURITY THEREFOR.
CONFESSION OF JUDGEMENT. If rent and/or any charges hereby reserved as rent shall remain unpaid for a period of forty five (45) days when the same ought to be paid, Lessee hereby empowers any Prothonotary, Clerk of Court or attorney of any Court of Record to appear for Lessee in any and all actions which may be brought for rent and/or the charges, payments, costs and expenses reserved as rent, or agreed to be paid by the Lessee and/or to sign for Lessee an agreement for entering in any competent Court an amicable action or actions for the recovery of rent or other charges, payments, costs and expenses, and in said suits or in said amicable action or actions to confess judgement against Lessee for all or any part of the rent specified in this lease and then against Lessee for all or any part of the rent specified in this lease and then unpaid including, at Lessor's option, the rent for the entire unexpired balance of the term of this lease, and/or other charges, payments, costs and expenses reserved as rent or agreed to be paid by the Lessee, and for interest and costs together with any attorney's commission of 15%. Such authority shall not be exhausted by one exercise thereof, but judgement may be confessed as aforesaid from time to time as often as any of said rent and/or other charges, payments, costs and expenses, reserved as rent shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the original term and/or during any extension or renewal of this Lease.
CONFESSION OF JUDGEMENT. Borrower hereby irrevocably authorizes and empowers any attorney-at-law, including an attorney hired by Lender, to appear in any court of record and to confess judgment against Borrower for the unpaid amount of this Note as evidenced by an affidavit signed by an officer of Lender setting forth the amount due, attorney’s fees plus costs of suit, and to release all errors, and waive all rights of appeal. If a copy of this Note, verified by an affidavit, shall have bean filed in the proceeding, it will not be necessary to file the original as a warrant of the attorney. Borrower waives the right to any stay of execution and the benefit of all exemption laws now hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender may elect until all amounts owing on this Note have been paid in full. Borrower waives any conflict of interest that an attorney hired by Lender may have in acting on behalf of Borrower in confessing judgment against Borrower while such attorney is retained by Lender. Borrower expressly consents to such attorney acting for Borrower in confessing judgment and agrees that such attorney may receive a legal fee or other compensation from Lender. CHANGE IN TERMS AGREEMENT PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. NOTICE: FOR THIS NOTICE “YOU” MEANS THE BORROWER AND “CREDITOR” AND “HIS” MEANS LENDER. 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, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. CHANGE IN TERMS SIGNERS: SOVEREIGN CIRCUITS, INC. By: /s/ Xxxxx X. Xxxx
CONFESSION OF JUDGEMENT. Upon the expiration of the then current term of this Agreement, whether the initial term or a renewal term or the earlier of termination or surrender hereof, or earlier, upon a default by Sublessee, as provided in this Agreement, Sublessee hereby authorizes and empowers any prothonotary or attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere to appear for Sublessee in any such court and, by complaint or in ejectment against Sublessee and against all persons claiming through, by or under Sublessee, to therein confess judgment for the recovery by Sublessor of possession of the Premises, for which a copy of this Agreement, verified by affidavit, shall be sufficient warrant; whereupon, if Sublessor so desires, a writ of possession or other appropriate writ under the rules of civil procedure then in effect may issue forthwith, without any prior writ or proceedings. Whether this Agreement is terminated or not and possession of the Premises remains in, or is restored to Sublessee, Sublessor shall have the right for the same default and upon any subsequent default or defaults, or upon the termination of this Agreement, to bring one or more actions to recover possession of the Premises and confess judgment for recovery of the Premises as provided in this section. Sublessee hereby acknowledges that it has had the opportunity to seek the assistance of legal counsel in the review and execution of this Agreement and further acknowledges that the meaning and effect of the foregoing provisions concerning confession of judgment have been fully explained to it by such counsel. Sublessee understands and agrees that this Agreement contains provisions by which Sublessor may enter judgment by confession against Sublessee. Sublessee understands that, without these provisions, Sublessee would receive prior notice and a hearing of any claims by Sublessor before a judgment could be entered. However, Sublessee hereby freely, knowingly and intelligently waives these rights and consents to Sublessor entering judgment against it by confession pursuant to the terms of the Sublease, and acknowledges that upon the entry of such judgment Sublessor may direct the Sheriff to put the Sublessee out of possession of the Premises. Sublessee freely, knowingly and intelligently waives the right to notice and hearing before Sublessor may retake possession of the Premises pursuant to a confessed judgment and Sublessor may direct the Sheriff to do so, immediately upon ent...
CONFESSION OF JUDGEMENT. Guarantor hereby irrevocably authorizes and empowers any attorney-at-law, including an attorney hired by Xxxxxx, to appear in any court of record and to confess judgement against Guarantor for the unpaid amount of this Guaranty as evidenced by an affadavit signed by an officer of Lender setting forth the amount then due, attorney's fees plus costs of suit, and to release all errors, and waive all rights of appeal. If a copy of this Guaranty, verified by an affadavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Guarantor waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgement will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender may elect until all amounts owing on this Guaranty have been paid in full. Guarantor waives any conflict of interest that an attorney hired by Xxxxxx may have in acting on behalf of Guarantor in confessing judgement against Guarantor while such attorney is retained by Xxxxxx. Guarantor expressly consents to such attorney acting for Guarantor in confessing judgement.
CONFESSION OF JUDGEMENT. Any delinquent assessment for Common Expenses, together with accrued interest and late payment penalties, may be enforced by appropriate Country Office, in an action in assumpsit, which shall be indexed by the Prothonotary as lis pendens or an action to enforce the lien and charge provided for herein. Each owner by accepting title to a unit subject hereto agrees that, on failure to timely pay any assessment, The Association by its attorney is empowered to enter a copy of this page of the Declaration, certified by a member of the Council to be true and correct and with that member’s affidavit that the defendant is an Owner subject to the provisions hereof, in any court having jurisdiction and there to confess judgment in favor of the Association and against the delinquent Owner for the amount of any delinquent assessments, plus interest and late charges aforesaid, costs and all attorney’s fee’s incurred by the Association. Any judgment against an Owner shall be a lien against the unit, enforceable as provided by law. The delinquent Owner shall be obligated to pay all expenses of the Association including attorney’s fees incurred in the collection of delinquent assessments by legal proceedings or otherwise, which expenses and amount together with accrued interest shall be deemed to constitute part of the delinquent assessment and shall be collectible as such.
CONFESSION OF JUDGEMENT. Prior consent by the Tenant to a judgement in favor of the Owner in a lawsuit brought in connection with the Lease.
CONFESSION OF JUDGEMENT. Lessee hereby irrevocably constitutes any attorney or any court of record of this state to enter Xxxxxx’s appearance in such court, waive process and service thereof, and confess judgment from time to time, for any amounts which may be due to Lessor, by the terms of this lease, with costs and reasonable attorney’s fees, and to waive all errors and right of appeals from said judgment and to file a consent in writing that a proper writ of execution may be used immediately.
CONFESSION OF JUDGEMENT. Any attorney at law may appear in any ----------------------- court of record in the State of California or in the United States, after demand on this Note following a Default, and waive the issuing of service of process and confess a judgment against TVN and/or Newco in favor of Holder for the amount then appearing due hereunder, together with interest, costs of suit and reasonable attorneys' fees, and thereupon release all errors and waive all right of appeal.
CONFESSION OF JUDGEMENT. Within ten (10) days (or such longer period as may be agreed to by the Purchaser acting in its sole discretion) following the Closing Date, the Borrower agrees to deliver or to cause to be delivered to the Purchaser a wet-ink duly executed and notarized copy of the confession of judgement attached to the Guaranty Agreement, in form and substance acceptable to Purchaser.
