Warrant of Attorney. Borrower authorizes any attorney of record to appear for it in any court of record in the State of Ohio, after maturity of this Note, whether by its terms or upon default, acceleration or otherwise, to waive the issuance and service of process, and release all errors, and to confess judgment against it in favor of Lender for the principal sum due herein together with interest, charges, court costs and attorneys’ fees. Stay of execution and all exemptions are hereby waived. If this Note or any Obligation is referred to an attorney for collection, and the payment is obtained without the entry of a judgment, the obligors shall pay to the holder of such obligations its attorneys’ fees. BORROWER AGREES THAT AN ATTORNEY WHO IS COUNSEL TO LENDER OR ANY OTHER HOLDER OF SUCH OBLIGATION MAY ALSO ACT AS ATTORNEY OF RECORD FOR BORROWER WHEN TAKING THE ACTIONS DESCRIBED ABOVE IN THIS PARAGRAPH. BORROWER AGREES THAT ANY ATTORNEY TAKING SUCH ACTIONS MAY BE PAID FOR THOSE SERVICES BY LENDER OR HOLDER OF SUCH OBLIGATION. BORROWER WAIVES ANY CONFLICT OF INTEREST THAT MAY BE CREATED BECAUSE THE ATTORNEY REPRESENTING SUCH ATTORNEY IS BEING PAID BY LENDER OR THE HOLDER OF SUCH OBLIGATION. MERCANTILE FUNDS, INC. f/k/a M.S.D. & T. FUNDS, INC. By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: President STATE OF Maryland ) ) ss: CITY OF Baltimore ) BEFORE ME, a Notary Public, in and for said State, personally appeared Xxxx X. Xxxxxxx, the President of Mercantile Funds, Inc. f/k/a M.S.D.&T. Funds, Inc., a Maryland corporation, who acknowledged that he did sign the foregoing instrument and that the same is his free act and deed as such officer and is the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 21 day of August, 2003. /s/ Xxxxxx Xxxxxxxx Notary Public LOANS AND PAYMENTS OF PRINCIPAL Date Amount of Loan Principal Paid Unpaid Principal Balance EXHIBIT 2.2(b) FORM OF AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT THIS PLEDGE AND SECURITY AGREEMENT (“Agreement”), dated as of August 11, 2003 between MERCANTILE FUNDS, INC., a Maryland Corporation formerly known as M.S.D.&T. Funds, Inc. (the “Pledgor”) and FIFTH THIRD BANK, an Ohio banking corporation (“Pledgee”).
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.
Warrant of Attorney. THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF AUTHORITY FOR ANY ATTORNEY TO CONFESS JUDGMENT AGAINST BORROWER. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST BORROWER, BORROWER, FOLLOWING CONSULTATION WITH SEPARATE COUNSEL FOR BORROWER AND WITH KNOWLEDGE OF THE LEGAL EFFECT HEREOF, HEREBY KNOWINGLY, INTENTIONALLY, VOLUNTARILY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS BORROWER HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES OF AMERICA, THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE. IT IS SPECIFICALLY ACKNOWLEDGED BY THE UNDERSIGNED THAT LENDER HAS RELIED ON THIS WARRANT OF ATTORNEY IN ENTERING INTO THIS AGREEMENT AND AS AN INDUCEMENT TO GRANT FINANCIAL ACCOMMODATIONS TO BORROWER.
Warrant of Attorney. Each Borrower authorizes any attorney of record to appear for it in any court of record in the State of Ohio, after the obligations hereunder become due, whether by acceleration or otherwise, to waive the issuance and service of process, and release all errors, and to confess judgment against it in favor of Lender for the amount then appearing due together with interest, charges, court costs and attorneys’ fees. Stay of execution and all exemptions are hereby waived. EACH BORROWER AND ANY ENDORSER OR ANY GUARANTOR AGREES THAT AN ATTORNEY WHO IS COUNSEL TO LENDER OR ANY OTHER HOLDER OF SUCH OBLIGATION MAY ALSO ACT AS ATTORNEY OF RECORD FOR ANY OF THE BORROWERS WHEN TAKING THE ACTIONS DESCRIBED ABOVE IN THIS SECTION. BORROWERS AGREE THAT ANY ATTORNEY TAKING SUCH ACTIONS MAY BE PAID FOR THOSE SERVICES BY LENDER OR HOLDER OF SUCH OBLIGATION, BORROWERS WAIVE ANY CONFLICT OF INTEREST THAT MAY BE CREATED BECAUSE THE ATTORNEY REPRESENTING THE BORROWERS IS BEING PAID BY LENDER OR THE HOLDER OF SUCH OBLIGATION.
Warrant of Attorney. The undersigned, jointly and severally, authorizes any attorney-at-law to appear in any court of record after maturity of this note, whether by acceleration or otherwise, waive the issuance and service of process and to confess judgment against them in favor of the Bank for the principal sum due hereon together with interest, charges, court costs and attorney's fees, and to waive and release all errors, rights of appeal, exemptions and stays of execution. The undersigned also agrees that the attorney acting for the undersigned as set forth in this paragraph may be compensated by Bank for such services, and the undersigned waive any conflict of interest caused by such representation and compensation arrangement. This warrant of attorney to confess judgment shall be construed under the laws of the State of Ohio. (THIS SPACE INTENTIONALLY LEFT BLANK.)
Warrant of Attorney. Subsidiary Guarantor hereby irrevocably authorizes any attorney-at-law, including any attorney-at-law employed or retained by the Administrative Agent, Swingline Lender, LC Issuer or any Lender, or any Affiliate of any of them, to appear for it in any action on this Guaranty at any time after the amounts payable hereunder become due as herein provided in any court of record situated in the county where this warrant was signed (being Franklin County, Ohio), or in the county where the Subsidiary Guarantor then resides or can be found, to waive the issuing and service of process, and confess a judgment in favor of the holder of this Guaranty against the Subsidiary Guarantor, for the amount that may then be due, with interest thereon, together with the costs of suit, and to waive and release all errors in said proceedings and the right to appeal from the judgment rendered. Subsidiary Guarantor consents to the jurisdiction and venue of such court. Subsidiary Guarantor waives any conflict of interest that any attorney-at-law employed or retained by the Administrative Agent, Swingline Lender, LC Issuer, any Lender or any Affiliate of any of them may have in confessing judgment hereunder and consents to the payment of a legal fee to any attorney-at-law confessing judgment hereunder.
Warrant of Attorney. Borrower authorizes any attorney at law to appear in any Court of Record in the State of Ohio or in any other state or territory of the United States of America after the above indebtedness becomes due, whether by acceleration or otherwise, to waive the issuing and service of process, and to confess judgment against Borrower in favor of the Bank for the amount then appearing due together with costs of suit, and thereupon to waive all errors and all rights of appeal and stays of execution.
Warrant of Attorney. Borrower hereby authorizes any attorney at law at any time or times to appear in any state or federal court of record in the United States of America after all or any part of the obligations evidenced by this Note shall have become due, whether by lapse of time, acceleration, or otherwise, and in each case to waive the issuance and service of process, to present to the court this Note and any other writing (if any) evidencing the obligation or obligations in question, to admit the due date thereof and the nonpayment thereof when due, to confess judgment against Borrower in favor of Bank for the full amount then appearing due, together with interest and costs of suit, and thereupon to release all errors and waive all rights of appeal and any stay of execution. The foregoing warrant of attorney shall survive any judgment, it being understood that should any judgment against Borrower be vacated for any reason, Bank may nevertheless utilize the foregoing warrant of attorney in thereafter obtaining one or more additional judgments against Xxxxxxxx.
Warrant of Attorney. The Borrower, jointly and severally, authorize any attorney-at-law to appear in any court of record after maturity of this note, whether by acceleration or otherwise, to waive the issuance and service of process and to confess judgment against them in favor of the Lender for the principal sum due herein together with interest, charges, court costs and attorney's fees, and to waive and release all errors, rights of appeal, exemptions and stays of execution. The Borrower also agrees that the attorney acting for the Borrower as set forth in this paragraph may be compensated by Lender for such services, and the Borrower waives any conflict of interest caused by such representation and compensation arrangement. This warrant of attorney to confess judgment shall be construed under the laws of the State of Ohio. 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. DATE DUE January 2, 2003 PEOPLES BANCORP INC. --------------------------- ADDRESS 000 Xxxxxx Xxxxxx By: /s/ Xxxx X. Xxxxxx --------------------------- -------------------------- Xxxxxxxx, XX 00000 --------------------------- Its: Chief Financial Officer -------------------------- Accepted and agreed this 7th day of January, 0000 XXXXXXXX XXXXXX XXXXXXXXXX FUNDING CORP. By: ----------------------------------------- Its: ----------------------------------------- ADDENDUM TO $3,000,000 UNCOMMITTED NOTE FROM PEOPLES BANCORP, INC. TO FOUNTAIN SQUARE COMMERCIAL FUNDING CORP. THIS ADDENDUM is intended to be attached to, and the provisions hereof are hereby incorporated into that certain Uncommitted Note, dated March 18, 1997, in the principal amount of $3,000,000 (the "Note"), executed by PEOPLES BANCORP INC., an Ohio corporation (the "Borrower") and made payable to FOUNTAIN SQUARE COMMERCIAL FUNDING CORP., a Delaware corporation (the "Lender"). The Borrower and the Lender agree that the terms of the note shall be amended and supplemented by the following:
Warrant of Attorney. Xxxxxxxx authorizes any attorney at law to appear in any court of record in the State of Ohio or in any other state or territory of the United States of America after the loan evidenced by the Note becomes due, whether by acceleration or otherwise, to waive the issuing and service of process, and to confess judgment against Borrower in favor of Xxxxxx for the amount then appearing due on the Note, together with costs of suit, and thereupon to waive all errors and all rights of appeal and stays of execution. Xxxxxxxx waives any conflict of interest that an attorney hired by Xxxxxx may have in acting on Xxxxxxxx’s behalf in confessing judgment against Borrower while such attorney is retained by Xxxxxx. Xxxxxxxx expressly consents to such attorney acting for Borrower in confessing judgment and to such attorney’s fee being paid by Xxxxxx or deducted from the proceeds of collection of this Note or collateral security therefor. Signatures commence on following page.] Third Amendment to Second A&R Note CH Capital Lending (former Aquarian)
