Common use of Confession of Judgment Clause in Contracts

Confession of Judgment. Upon the failure to pay any amount when due under this Promissory Note, which failure is not cured or discharged within a period of five (5) days following receipt of written notice therefor, or upon any default under any other Loan Document, which default is not cured within the applicable cure period following written notice thereof, the Borrower authorizes the clerk of any court and any attorney admitted to practice before any court of record in the United States, on behalf of the Borrower, to then confess judgment against the Borrower in favor of the Lender in the full amount due on this Promissory Note plus attorneys' fees in an amount equal to fifteen percent (15%) of the outstanding balance hereof, including principal, interest and other costs and expenses other than attorneys fees. The Borrower consents to the jurisdiction of and agrees that venue shall be proper in the United States District Court for the District of Maryland, if jurisdiction exists, and/or in any Circuit Court for any county or the City of Baltimore, Maryland. The Borrower waives all errors, defects and imperfections in the entry of judgment as aforesaid or in any proceeding pursuant thereto and the benefit of any and every statute, ordinance or rule of court which may be lawfully waived conferring upon the Borrower any right or privilege of exemption, stay of execution, or supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment. The authority and power to appear for and to enter judgment against the Borrower shall not be extinguished by any judgment entered pursuant thereto; such authority and power may be exercised on one or more occasions from time to time, in the same or different courts or jurisdictions, as often as the Lender shall deem necessary or advisable until all sums due under this Promissory Note have been paid in full.

Confession of Judgment. Upon the failure to pay any amount when due under this Promissory Note, which failure is not cured or discharged within a period occurrence of five (5) days following receipt of written notice therefor, or upon any default under any other Loan Documentby Inland hereunder, which default is not cured within the applicable cure period following written notice thereof, the Borrower Inland authorizes the clerk of any court and any attorney admitted to practice before any court of record in the United States, States to appear on behalf of the BorrowerInland in any court having jurisdiction in one or more proceedings, or before any clerk thereof or prothonotary or other court official, and to then confess judgment against the Borrower CONFESS JUDGMENT AGAINST THE MAKER, WITHOUT PRIOR NOTICE OR OPPORTUNITY OF THE MAKER FOR PRIOR HEARING, in favor of the Lender in Holder of this Note for the full amount due on this Promissory Note (including Principal Sum, accrued and unpaid Interest, late payment fees and any and all other sums due under this Note that remain unpaid) plus attorneys' court costs, expenses and attorneys fees in an amount equal to fifteen percent (15%) of the outstanding balance hereof, including principal, interest and other costs and expenses other than attorneys feesentire amount due under this Note. The Borrower consents to the jurisdiction of and agrees that venue shall be proper in the United States District Court for the District of Maryland, if jurisdiction exists, and/or in any Circuit Court for any county or the City of Baltimore, Maryland. The Borrower Inland waives all errors, defects and imperfections in the entry of judgment as aforesaid or in any proceeding pursuant thereto and the benefit of any and every statute, ordinance ordinance, or rule of court which may be lawfully waived conferring upon the Borrower Inland any right or privilege of exemption, summons and other process, all errors and rights of appeal, homestead rights, stay of execution, execution or stay of supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment. The authority and power to appear for and to enter judgment against the Borrower Inland shall not be exhausted by one or more exercises thereof, or by any imperfect exercise thereof, and shall not be extinguished by any judgment entered pursuant thereto; such authority and power may be exercised on one or more occasions occasions, from time to time, in the same or different courts or jurisdictions, as often as the Lender Holder shall deem necessary or advisable until advisable, for all sums due under of which this Promissory Note have been paid in fullshall be sufficient authority.

Confession of Judgment. Upon the failure to pay occurrence of an Event of Default in the payment of any amount when due under this Promissory Note, or upon the occurrence of any other Event of Default under this Promissory Note, the Loan Agreement or any other Loan Document between the Bank and the Borrower, which failure default is not cured or discharged within a period of five (5) days following receipt of written notice therefor, or upon any default under any other Loan Document, which default is not cured within the applicable cure period following written notice thereofor grace period, the Borrower authorizes the clerk of any court and any attorney admitted to practice before any court of record in the United States, States on behalf of the Borrower, Borrower to then confess judgment against the Borrower in favor of the Lender in the full amount due on this Promissory Note Note, plus attorneys' fees in an amount equal to fifteen percent (15%) of the outstanding balance hereof, including principal, interest such amount. The Borrower expressly waives summons and other costs process, and expenses other than attorneys feesdoes further consent to the immediate execution of such judgment, expressly waiving the benefit of any homestead or exemption laws. The Borrower consents to the jurisdiction of of, and agrees that venue shall be proper in in, the Circuit Court for Baltimore City, Maryland, and the United States District Court for the District of Maryland, Maryland if jurisdiction diversity of citizenship or other jurisdictional basis exists, and/or in any Circuit Court for any county or the City of Baltimore, Maryland. The Borrower waives all errors, defects and imperfections in the entry of judgment as aforesaid or in any proceeding pursuant thereto summons and the benefit of any and every statute, ordinance ordinance, or rule of court court, which may be lawfully waived waived, conferring upon the Borrower any right or privilege of exemption, stay of execution, or supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment. The authority and power to appear for and to enter judgment against the Borrower shall not be extinguished by any judgment entered pursuant thereto; such authority and power may be exercised executed on one or more occasions from time to time, time in the same or different courts or jurisdictions, as often as the Lender holder of this Promissory Note shall deem necessary or advisable until all sums due under this Promissory Note have been paid in full. Notwithstanding the amount of any such judgment, the bank agrees to obtain legal counsel who will charge the Bank for services on an hourly basis, at his or her customary hourly rate(s) and only for time expended and actual expenses incurred, and the Bank agrees not to enforce a judgment for legal fees against the Borrower in an amount in excess of the fees and expenses actually charged to the Bank for services rendered by, and for actual expenses incurred by, its counsel in connection with such confession of judgment and the collection of all amounts owed by the Borrower to the Bank.

Confession of Judgment. Upon Each Borrower authorizes any attorney at law to appear before any Court of Record, state or Federal, in the failure to pay county or judicial district where this Agreement was executed or where such Borrower resides or may be found, after the unpaid principal balance of the Obligations hereunder becomes due, either by lapse of time or by operation of any amount when due under provision for acceleration of maturity contained in this Promissory NoteAgreement (provided, which failure is that, Agent shall give Huffy not cured or discharged within a period of five less than ten (510) days following receipt of written notice thereforprior to such appearance) and waive the issuance and service of process, or upon any default under any other Loan Document, which default is not cured within admit the applicable cure period following written notice thereof, the Borrower authorizes the clerk of any court and any attorney admitted to practice before any court of record in the United States, on behalf maturity of the BorrowerObligations hereunder, to then by reason of acceleration or otherwise, enter appearance and confess judgment against the Borrower Borrowers in favor of the Agent or any other Lender in the full amount due on this Promissory Note plus attorneys' fees in an amount equal to fifteen percent (15%) of the outstanding balance hereof, including principal, interest and other costs and expenses other than attorneys fees. The Borrower consents to the jurisdiction of and agrees that venue shall be proper in the United States District Court for the District amount then appearing due hereunder, together with interest thereon and costs of Marylandsuit, if jurisdiction exists, and/or in any Circuit Court for any county or the City and thereupon to release all errors and waive all rights of Baltimore, Maryland. The Borrower waives all errors, defects appeal and imperfections in the entry of judgment as aforesaid or in any proceeding pursuant thereto and the benefit of any and every statute, ordinance or rule of court which may be lawfully waived conferring upon the Borrower any right or privilege of exemption, stay of execution. Each Borrower agrees that the attorneys for the Agent or any other Lender may confess judgment pursuant to the foregoing warrant of attorney, or supplementary proceedings, or other relief provided such attorney does not regularly represent Borrowers. Each Borrower further agrees that the attorney confessing judgment pursuant to the foregoing warrant of attorney may receive compensation for such attorney's services from the enforcement Agent or immediate enforcement of a judgment or related proceedings on a judgmentany Lender hereunder. The authority and power to appear for and to enter judgment against the Borrower foregoing warrant of attorney shall not be extinguished by survive any judgment entered pursuant thereto; such authority and power may be exercised on one or more occasions used from time to timetime without exhausting the right to further use the warrant of attorney and, in if any judgment be vacated for any reason, the same Agent or different courts any Lender hereunder nevertheless may use the foregoing warrant of attorney to obtain an additional judgment or jurisdictions, as often as judgments against the Lender shall deem necessary or advisable until all sums due under this Promissory Note have been paid in fullBorrowers.

Confession of Judgment. Upon Each of the failure to pay any amount when due under this Promissory Note, which failure is not cured or discharged within a period of five (5) days following receipt of written notice therefor, or upon any default under any other Loan Document, which default is not cured within the applicable cure period following written notice thereof, the Borrower BORROWERS authorizes the clerk of any court and any attorney admitted to practice before any court of record in the United StatesStates to appear on its behalf in any court in one or more proceedings, on behalf of the Borroweror before any clerk thereof or prothonotary or other court official, and to then confess judgment against the Borrower BORROWERS in favor of the Lender holder of this Promissory Note in the full amount due on this Promissory Note (including principal, accrued interest and any and all charges, fees and costs) plus attorneys' attorneys fees in an amount equal to fifteen percent (15%) of the outstanding balance hereofamount due, including principalplus court costs, interest all without prior notice or opportunity of the BORROWERS for prior hearing. Each of the BORROWERS agrees and other costs and expenses other than attorneys fees. The Borrower consents to the jurisdiction of and agrees that venue and jurisdiction shall be proper in the Circuit Court of any County of the State of Maryland or of Baltimore City, Maryland, or in the United States District Court for the District of Maryland, if jurisdiction exists, and/or in any Circuit Court for any county or . Each of the City of Baltimore, Maryland. The Borrower BORROWERS waives all errors, defects and imperfections in the entry of judgment as aforesaid or in any proceeding pursuant thereto and the benefit of any and every statute, ordinance ordinance, or rule of court which may be lawfully waived conferring upon the Borrower it any right or privilege of exemption, homestead rights, stay of execution, or supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment. The authority and power to appear for and to enter judgment against the Borrower BORROWERS shall not be exhausted by one or more exercises thereof, or by any imperfect exercise thereof, and shall not be extinguished by any judgment entered pursuant thereto; such authority and power may be exercised on one or more occasions from time to time, in the same or different courts or jurisdictions, as often as the Lender holder shall deem necessary necessary, convenient, or advisable until proper. In the event that the holder receives, as a result of execution on a judgment confessed hereunder, attorney’s fees which exceed the actual legal fees incurred by the holder in connection with the unpaid balance due to the holder pursuant to this Promissory Note, then, upon full and final payment of all other sums due under and owing to the holder pursuant to this Promissory Note have been paid in fulland payment of the actual attorneys’ fees incurred by the holder, the holder shall remit such excess amount of attorneys’ fees to the BORROWERS.

Confession of Judgment. Upon the failure to pay any amount when due under this Promissory Note, which failure is not cured or discharged within a period of five (5) days following receipt of written notice therefor, or upon any default under any other Loan Document, which default is not cured within the applicable cure period following written notice thereof, the Borrower The BORROWER authorizes the clerk of any court and any attorney admitted to practice before any court of record in the United States, States to appear on behalf of the BorrowerBORROWER in any court in one or more proceedings, or before any clerk thereof or prothonotary or other court official, and to then confess judgment against the Borrower BORROWER in favor of the Lender holder of this Promissory Note in the full amount due on this Promissory Note (including principal, accrued interest and any and all charges, fees and costs) plus attorneys' fees in an amount equal to fifteen percent (15%) of the outstanding balance hereofamount due, including principalplus court costs, interest and other costs and expenses other than attorneys feesall without prior notice or opportunity of the BORROWER for prior hearing. The Borrower BORROWER agrees and consents to the jurisdiction of and agrees that venue and jurisdiction shall be proper in the Circuit Court of any County of the State of Maryland or of Baltimore City, Maryland, or in the United States District Court for the District of Maryland, if jurisdiction exists, and/or in any Circuit Court for any county or the City of Baltimore, Maryland. The Borrower BORROWER waives all errors, defects and imperfections in the entry of judgment as aforesaid or in any proceeding pursuant thereto and the benefit of any and every statute, ordinance ordinance, or rule of court which may be lawfully waived conferring upon the Borrower BORROWER any right or privilege of exemption, homestead rights, stay of execution, or supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment; provided, however, the BORROWER does not waive the right to raise a defense based on an actual controversy as to the merits of the confession of judgment action under Rule 2-611, Maryland Rules, Annotated Code of Maryland. The authority and power to appear for and to enter judgment against the Borrower BORROWER shall not be exhausted by one or more exercises thereof, or by any imperfect exercise thereof, and shall not be extinguished by any judgment entered pursuant thereto; such authority and power may be exercised on one or more occasions from time to time, in the same or different courts or jurisdictions, as often as the Lender holder shall deem necessary necessary, convenient, or advisable until all sums proper. Notwithstanding the holder's right to obtain a judgment by confession which includes attorney's fees of fifteen percent of the amount due under hereunder, the holder shall only collect attorney fees in an amount equal to the actual attorney fees incurred in connection with the enforcement of this Promissory Note have been paid in fulland the LOAN DOCUMENTS.

Confession of Judgment. Upon The Wellstat Parties hereby submit and waive all rights to object to personal jurisdiction in the State of Maryland and, upon a failure to timely pay any amount when due under this Promissory Noteor cause to be paid the Total Settlement Amount Balance to Escrow Agent or to PDL by the Final Payment Date, which failure is not cured or discharged within a period authorize the Clerk of five (5) days following receipt of written notice thereforthe Circuit Court for ▇▇▇▇▇▇▇▇▇▇ County, Maryland, or upon any default under any other Loan Document, which default is not cured within the applicable cure period following written notice thereof, the Borrower authorizes the clerk of any court and any attorney admitted authorized to practice before in any court of record in the United States, on behalf of the Borrower, to then States and confess judgment in the State of Maryland against the Borrower Wellstat Parties, jointly and severally, without prior hearing, in favor of the Lender PDL for, and in the full amount due on this Promissory Note plus attorneys' fees in an of $92,500,000 or such lesser amount equal to fifteen percent (15%) of the outstanding balance hereof, including principal, interest and other costs and expenses other than attorneys fees. The Borrower consents to the jurisdiction of and agrees that venue shall be proper in the United States District Court for the District of Maryland, if jurisdiction exists, and/or in any Circuit Court for any county or the City of Baltimore, Maryland. The Borrower waives all errors, defects and imperfections in the entry of judgment as aforesaid or in any proceeding pursuant thereto and the benefit of any and every statute, ordinance or rule of court which may be lawfully waived conferring upon the Borrower any right or privilege of exemption, stay of execution, or supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgmentdue and owing under this Agreement. The authority and power to appear for and to enter judgment against the Borrower Wellstat Parties shall not be exhausted by one or more exercises thereof or by any imperfect exercise thereof and shall not be extinguished by any judgment entered pursuant thereto; such . Such authority and power may be exercised on one or more occasions or from time to time, time in the same or different courts or jurisdictionsjurisdictions within the State of Maryland, as often as the Lender PDL shall deem necessary or advisable advisable, for all of which this Agreement shall be sufficient warrant, until all sums due under this Promissory Note have the Total Settlement Amount Balance has been paid in full. The confession of judgment shall be governed by Rule 2-611 of the Maryland Rules of Civil Procedure and applicable caselaw and the Wellstat Parties reserve and do not waive those defenses, counterclaims or offsets accruing after the Effective Date that could be asserted in any action to vacate a confession of judgment under Maryland law. Notwithstanding the foregoing, any judgment by confession shall be deemed satisfied when the Wellstat Parties pay all amounts owed under such judgment. For the avoidance of doubt, but subject to Section 12(b) of this Agreement, this Section shall not be enforceable until and unless the Wellstat Parties have failed to make or cause to be made payment of the Total Settlement Amount Balance to Escrow Agent or to PDL by the Final Payment Date.

Confession of Judgment. Upon Defendants have executed the failure to pay any amount when due under this Promissory NoteConfession of Judgment, which failure is attached hereto as Exhibit A. The Confession of Judgment shall have no legal effect and shall not cured or discharged within a period of five (5) days following receipt of written notice therefor, or upon any default under any other Loan Document, which default is not cured within the applicable cure period following written notice thereof, the Borrower authorizes the clerk of any court and any attorney admitted to practice before be filed in any court of record law, in the United Statesany arbitration proceeding, on behalf or submitted with any other administrative or governmental entity unless either of the Borrowerfollowing have occurred: (1) Defendants fail to make any payment required under paragraph 1(A) when due and have not cured that failure by the cure period; or (2) the Plaintiffs are required by any governmental authority, to then confess judgment against the Borrower in favor or a court ordered bankruptcy trustee or receiver, or any other court ordered estate of the Lender in Defendants to pay back any portion of the $85,000, or any portion of the $85,000 is deemed a preference to Plaintiffs by a governmental authority. If either of the foregoing conditions have occurred, the Confession of Judgment will have the full amount due on this Promissory Note plus attorneys' fees in an amount equal to fifteen percent (15%) force and effect of a judgment from the outstanding balance hereof, including principal, interest and other costs and expenses other than attorneys fees. The Borrower consents to the jurisdiction of and agrees that venue shall be proper in the United States District Court for the County of Denver and Plaintiffs shall have the right to file the Confession of Judgment with the District Court for the County of MarylandDenver. The Parties agree that the Confession of Judgment is not a penalty and represents the Parties good faith estimate of the risks and harm associated with non-payment or a forced refund. This confessed judgment calculation is conclusive and reasonable, and therefore neither a penalty nor a forfeiture, given the consideration exchanged under this Agreement, as well as the damages, attorney's fees, costs, and other losses alleged by the Parties relating to the Lawsuit. On the other hand, if jurisdiction existsall payments required under paragraph 1(A) are made in accordance with the terms of this Agreement, and/or in and none of those payments are required by any Circuit Court for any county governmental authority to be refunded or the City of Baltimore, Maryland. The Borrower waives all errors, defects and imperfections in the entry of judgment as aforesaid or in any proceeding pursuant thereto and the benefit of any and every statute, ordinance or rule of court which may be lawfully waived conferring upon the Borrower any right or privilege of exemption, stay of executionpaid back to Defendants, or supplementary proceedings, or other relief from the enforcement or immediate enforcement of deemed a judgment or related proceedings on a judgment. The authority and power preference to appear for and to enter judgment against the Borrower shall not be extinguished Plaintiffs by any judgment entered pursuant thereto; such authority and power may be exercised governmental authority, Plaintiffs shall return the Confession of Judgment to Defendants on one or more occasions from time to timebefore October 20, in the same or different courts or jurisdictions, as often as the Lender shall deem necessary or advisable until all sums due under this Promissory Note have been paid in full2019.

Confession of Judgment. Upon the failure to pay occurrence of any amount when due under this Promissory Note, which failure is not cured or discharged within a period Event of five (5) days following receipt of written notice therefor, or upon any default under any other Loan Document, which default is not cured within the applicable cure period following written notice thereofDefault hereunder, the Borrower authorizes the clerk of any court and any attorney admitted to practice before any court of record in the United States, States to appear on behalf of the BorrowerBorrower in any court having jurisdiction in one or more proceedings, or before any clerk thereof or prothonotary or other court official, and to then confess judgment against the Borrower CONFESS JUDGMENT AGAINST THE BORROWER, WITHOUT PRIOR NOTICE OR OPPORTUNITY OF THE BORROWER FOR PRIOR HEARING, in favor of the Lender in Bank for the full amount due on this Promissory Note (including the outstanding Principal Sum, accrued interest and any and all other costs, fees, expenses and late charges) plus court costs and attorneys' fees in an amount equal to of fifteen percent (15%) of the outstanding balance hereoftotal amount then due hereunder. By its acceptance of this Note, including principalhowever, interest the Bank agrees that in the event that the Bank exercises its right to confess judgment under this Note, the Bank shall use its best efforts to obtain legal counsel who will charge the Bank for its services on an hourly basis, at its customary hourly rate(s) and other costs only for the time and reasonable expenses incurred. In no event shall the Bank enforce the portion of the legal fees portion of a confessed judgment for an amount in excess of the fees and expenses other than attorneys fees. The Borrower consents charged to the jurisdiction Bank for services rendered by its counsel in connection with such confession of judgment and agrees that venue shall be proper in the United States District Court for collection of sums owed to the District of Maryland, if jurisdiction exists, and/or in any Circuit Court for any county or the City of Baltimore, MarylandBank. The Borrower waives all errors, defects and imperfections in the entry of judgment as aforesaid or in any proceeding pursuant thereto and the benefit of any and every statute, ordinance or rule of court which may be lawfully waived conferring upon the Borrower any right or privilege of exemption, homestead rights, appeal, stay of execution, execution or supplementary proceedings, inquisition, extension upon any levy on real estate or personal property, and any other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment. The authority and power to appear for and to enter judgment against the Borrower shall not be exhausted by one or more exercises thereof, or by any imperfect exercise thereof, and shall not be extinguished by any judgment entered pursuant thereto; such authority and power may be exercised on one or more occasions occasions, from time to time, in the same or different courts or jurisdictions, as often as the Lender Bank shall deem necessary or advisable until advisable, for all sums due under of which this Promissory Note have been paid in fullshall be sufficient authority.

Confession of Judgment. Upon Tenant does hereby irrevocably authorize and empower any Attorney of Court of Record of Pennsylvania or elsewhere to, on the failure to pay any amount when due occurrence of an event of default under this Promissory NoteLease, which failure is not cured appear for Landlord to enter judgment against Tenant for any unpaid rent or discharged within a period of five (5) days following receipt of written notice therefordamages due hereunder, together with all charges or upon any default under any sums due hereunder, including late charges, and all other Loan Document, which default is not cured within the applicable cure period following written notice thereof, the Borrower authorizes the clerk of any court and any attorney admitted sums paid by Landlord to practice before any court of record in the United States, or on behalf of Tenant pursuant to the Borrowerterms of this Lease, together with attorneys’ commission of ten percent (10%) for collection, but in any event not less than Two Thousand Dollars ($2,000.00), together with the costs of suit and for doing so, this Lease or a copy verified by affidavit shall be a sufficient warrant. Tenant hereby further waives and releases all errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exception laws of any state now in force or hereafter after enacted. Tenant also waives the right of inquisition on any real estate that may be levied upon to then confess judgment against collect this Lease and does hereby voluntary condemn the Borrower in favor same, and authorize the Prothonotary to enter upon the writ of execution said condemnation; and further Tenant agrees that such estate may be sold on an writ of execution. If a copy of this Lease, verified by Affidavit of the Lender holder of this Lease or someone on the Landlord’s behalf, has been filed in such action, it will not be necessary to file the full amount due on this Promissory Note plus attorneys' fees in an amount equal to fifteen percent (15%) original Lease as a warrant of the outstanding balance hereof, including principal, interest and other costs and expenses other than attorneys fees. The Borrower consents to the jurisdiction of and agrees that venue shall be proper in the United States District Court for the District of Maryland, if jurisdiction exists, and/or in any Circuit Court for any county or the City of Baltimore, Maryland. The Borrower waives all errors, defects and imperfections in the entry of judgment as aforesaid or in any proceeding pursuant thereto and the benefit of any and every statute, ordinance or rule of court which may be lawfully waived conferring upon the Borrower any right or privilege of exemption, stay of execution, or supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgmentattorney. The authority and power to appear for and to enter judgment against the Borrower shall Tenant will not be extinguished exhausted by any judgment entered pursuant thereto; such authority initial exercise of the authorized power, and the power may be exercised on one or more occasions from time to time, in the same or different courts or jurisdictions, time as often as the Lender shall deem Landlord deems necessary or advisable desirable until payment in full of all sums amounts due under hereunder; and this Promissory Note have been paid in fullinstrument shall be a sufficient warrant.

Confession of Judgment. Upon the failure to pay any amount when due under this Promissory Note, which failure is not cured or discharged within a period of five (5) days following receipt of written notice therefor, or upon any default under any other Loan Document, which default is not cured within the applicable cure period following written notice thereof, the Borrower The BORROWER authorizes the clerk of any court and any attorney admitted to practice before any court of record in the United States, States to appear on behalf of the BorrowerBORROWER in any court in one' or more proceedings, or before any clerk thereof or prothonotary or other court official, and to then confess judgment against the Borrower BORROWER in favor of the Lender holder of this Promissory Note in the full amount due on this Promissory Note (including principal, accrued interest and any and all charges, fees and costs) plus attorneys' fees in an amount equal to fifteen percent (15%) of the outstanding balance hereofamount due, including principalplus court costs, interest and other costs and expenses other than attorneys feesall without prior notice or opportunity of the BORROWER for prior hearing. The Borrower BORROWER agrees and consents to the jurisdiction of and agrees that venue and jurisdiction shall be proper in the Circuit Court of any County of the State of Maryland or of Baltimore City, Maryland, or in the United States District Court for the District of Maryland, if jurisdiction exists, and/or in any Circuit Court for any county or the City of Baltimore, Maryland. The Borrower BORROWER waives all errors, defects and imperfections in the entry of judgment as aforesaid or in any proceeding pursuant thereto and the benefit of any and every statute, ordinance ordinance, or rule of court which may be lawfully waived conferring upon the Borrower BORROWER any right or privilege of exemption, homestead rights, stay of execution, or supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment; provided, however, the BORROWER does not waive the right to raise a defense based on an actual controversy as to the merits of the confession of judgment action under Rule 2-611, Maryland Rules Annotated Code of Maryland. The authority and power to appear for and to enter judgment against the Borrower BORROWER shall not be exhausted by one or more exercises thereof, or by any imperfect exercise thereof, and shall not be extinguished by any judgment entered pursuant thereto; such authority and power may be exercised on one or more occasions from time to time, in the same or different courts or jurisdictions, as often as the Lender holder shall deem necessary necessary, convenient, or advisable until all sums proper. Notwithstanding the holder's right to obtain a judgment by confession which includes attorney's fees of fifteen percent of the amount due under hereunder, the holder shall only collect attorney fees in an amount equal to the actual attorney fees incurred in connection with the enforcement of this Promissory Note have been paid in fulland the LOAN DOCUMENTS.

Confession of Judgment. Upon The Borrower hereby appoints or reappoints (as the failure to pay any amount when due under this Promissory Notecase may be) ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, which failure is not cured or discharged within a period and each of five (5) days following receipt of written notice thereforthem, or upon any default under any other Loan Documentas the Borrower’s true and lawful attorney-in-fact, which default is not cured within the applicable cure period following written notice thereof, the Borrower authorizes the clerk of any court and any attorney admitted to practice before any court of record in the United States, on behalf of for the Borrower, in the Borrower’s name, place and stead, to confess judgment against the Borrower, following the occurrence of an Event of Default, in the office of the Clerk of the Circuit Court of ▇▇▇▇▇▇▇▇▇▇ County, Maryland, for the outstanding principal balance owing under the Revolving Note, as amended hereby, together with interest, late payment charges, court costs, and attorneys fees of Fifteen Percent (15%) of the then outstanding principal balance, hereby ratifying and confirming the acts of said attorney-in-fact as if done by the Borrower. Notwithstanding the amount confessed for attorneys fees, Lender agrees that enforcement of the judgment for such attorneys fees so confessed shall not exceed the amount of fees and expenses actually charged by counsel for Lender for services rendered by counsel in connection with the confession of such judgment and the collection of the sums owing by Borrower to Lender. The Borrower consents to immediate execution of any such confessed judgment and waives the benefit of any exemption laws. Any provisions set forth hereafter regarding arbitration of disputes between the Borrower and the Lender shall not be deemed to limit Lender’s right to have the attorney-in-fact named in this paragraph confess judgment against the Borrower in favor of the Lender in following the full amount due on this Promissory Note plus attorneys' fees in occurrence of an amount equal to fifteen percent (15%) Event of the outstanding balance hereof, including principal, interest and other costs and expenses other than attorneys fees. The Borrower consents to the jurisdiction of and agrees that venue shall be proper in the United States District Court for the District of Maryland, if jurisdiction exists, and/or in any Circuit Court for any county or the City of Baltimore, Maryland. The Borrower waives all errors, defects and imperfections in the entry of judgment as aforesaid or in any proceeding pursuant thereto and the benefit of any and every statute, ordinance or rule of court which may be lawfully waived conferring upon the Borrower any right or privilege of exemption, stay of execution, or supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment. The authority and power to appear for and to enter judgment against the Borrower shall not be extinguished by any judgment entered pursuant thereto; such authority and power may be exercised on one or more occasions from time to time, in the same or different courts or jurisdictions, as often as the Lender shall deem necessary or advisable until all sums due under this Promissory Note have been paid in fullDefault.

Confession of Judgment. Upon The following paragraphs set forth warrants of authority for an attorney to confess judgments against Tenant. In granting these warrants or attorney to confess judgments against Tenant, Tenant hereby knowingly, intentionally, voluntarily, and unconditionally waives any and all rights Tenant has or may have with respect to prior notice and an opportunity for hearing under the failure to pay respective constitutions and laws of the United States and the Commonwealth of Pennsylvania. If any amount when rental or other sum payable by Tenant hereunder remains unpaid after the due under this Promissory Note, which failure is not cured date (whether by acceleration or discharged within a period of five (5otherwise) days following receipt of written notice therefor, Tenant hereby empowers any prothonotary or upon any default under any other Loan Document, which default is not cured within the applicable cure period following written notice thereof, the Borrower authorizes the clerk attorney of any court and any attorney admitted to practice before any court of record in the United States, on behalf of the Borrower, to then confess judgment against the Borrower in favor of the Lender in the full amount due on this Promissory Note plus attorneys' fees in an amount equal to fifteen percent (15%) of the outstanding balance hereof, including principal, interest and other costs and expenses other than attorneys fees. The Borrower consents to the jurisdiction of and agrees that venue shall be proper in the United States District Court appear for the District of Maryland, if jurisdiction exists, and/or Tenant in any Circuit Court for any county or the City of Baltimore, Maryland. The Borrower waives and all errors, defects and imperfections in the entry of judgment as aforesaid or in any proceeding pursuant thereto and the benefit of any and every statute, ordinance or rule of court actions which may be lawfully waived conferring upon brought for said arrearages, to sign for Tenant an agreement for entering in any competent court an action or actions for the Borrower any right or privilege recovery of exemptionsuch arrearages, stay of executionor, or supplementary proceedingsas Landlord may elect, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment. The authority to accept service and power process for, to appear for and to enter confess judgment against the Borrower Tenant for all such arrearages, interest and cost, together with an attorney's commission of five percent (5%). Such authority shall not be extinguished exhausted by any one exercise thereof, but judgment entered pursuant thereto; such authority and power may be exercised confessed as aforesaid from time to time as often as said rent and other charges shall be in arrears. For the purpose of proceeding under this subsection, this Lease shall be a sufficient warrant, and a true and correct copy of this Lease may be filed with the court in lieu of filing an original copy hereof. When the Term shall end by expiration or by termination thereof on account of Tenant's default, it shall be lawful for any attorney, as attorney for Tenant, to file an agreement for entering in any competent court an action in confession of judgment in ejectment against Tenant and all persons claiming under Tenant for the recovery by Landlord of possession of the Premises, for which this Lease shall be a sufficient warrant, whereupon a writ of possession may issue forthwith, without any prior proceedings whatsoever; if for any reason after such action shall have been commenced, the same shall have been terminated and possession of the Premises shall remain in or be restored to Tenant, Landlord shall have the right upon subsequent default or upon termination of this Lease to bring one or more occasions from time amicable actions as aforesaid to time, recover possession. Tenant acknowledges that it has had the assistance of legal counsel in the same or different courts or jurisdictions, as often as review and execution of this lease and further acknowledges that the Lender shall deem necessary or advisable until all sums due under this Promissory Note meaning and effect of the foregoing provisions concerning confession of judgments have been paid in fullfully explained to Tenant by such counsel.

Confession of Judgment. Upon the failure If Inland fails to pay any amount when due the Principal Sum under this Promissory Note, which failure is not cured or discharged together with default rate interest thereon, if any, within a period of five fifteen (515) days following after its receipt of Original Holder's written notice thereforof demand for payment under Section 1 hereof, or upon any default under any other Loan Document, which default is not cured within the applicable cure period following written notice thereof, the Borrower Inland authorizes the clerk of any court and any attorney admitted to practice before any court of record in the United States, States to appear on behalf of the BorrowerInland in any court having jurisdiction in one or more proceedings, or before any clerk thereof or prothonotary or other court official, and to then confess judgment against the Borrower CONFESS JUDGMENT AGAINST THE MAKER, WITHOUT PRIOR NOTICE OR OPPORTUNITY OF THE MAKER FOR PRIOR HEARING, in favor of the Lender in Holder of this Note for the full amount due on this Promissory Note (including Principal Sum, accrued and unpaid default rate interest and any and all other sums due under this Note that remain unpaid) plus attorneys' court costs, expenses and attorneys fees in an amount equal to fifteen five percent (155%) of the outstanding balance hereof, including principal, interest and other costs and expenses other than attorneys feesentire amount due under this Note. The Borrower consents to the jurisdiction of and agrees that venue shall be proper in the United States District Court for the District of Maryland, if jurisdiction exists, and/or in any Circuit Court for any county or the City of Baltimore, Maryland. The Borrower Inland waives all errors, defects and imperfections in the entry of judgment as aforesaid or in any proceeding pursuant thereto and the benefit of any and every statute, ordinance ordinance, or rule of court which may be lawfully waived conferring upon the Borrower Inland any right or privilege of exemption, summons and other process, all errors and rights of appeal, homestead rights, stay of execution, execution or stay of supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment. The authority and power to appear for and to enter judgment against the Borrower Inland shall not be exhausted by one or more exercises thereof, or by any imperfect exercise thereof, and shall not be extinguished by any judgment entered pursuant thereto; such authority and power may be exercised on one or more occasions occasions, from time to time, in the same or different courts or jurisdictions, as often as the Lender Holder shall deem necessary or advisable until advisable, for all sums due under of which this Promissory Note have been paid in fullshall be sufficient authority.

Confession of Judgment. Upon the failure to pay any amount when due under this Promissory Note, which failure is not cured or discharged within a period occurrence of five (5) days following receipt of written notice therefor, or upon any default under any other Loan Document, which default is not cured within the applicable cure period following written notice thereofan EVENT OF DEFAULT, the Borrower GUARANTOR authorizes the clerk of any court and any attorney admitted to practice before any court of record in the United States, or the clerk of such court, to appear on behalf of the Borrower, GUARANTOR and to then confess judgment in any such court against the Borrower in favor of the Lender GUARANTOR in the full amount due on this Promissory Note GUARANTY at such time plus attorneys' fees in an amount attorney’s fee equal to fifteen percent (15%) of the outstanding balance hereof, including principal, interest and other costs and expenses other than attorneys feesamount due. The Borrower consents GUARANTOR waives any right to the jurisdiction of and agrees that venue shall be proper in the United States District Court for the District of Maryland, if jurisdiction exists, and/or in any Circuit Court for any county notice or the City of Baltimore, Maryland. The Borrower waives all errors, defects and imperfections in a hearing prior to the entry of judgment as aforesaid or in any proceeding pursuant thereto and to the benefit of any and every statute, ordinance ordinance, or rule of court which may be lawfully waived conferring upon the Borrower GUARANTOR any right or privilege of exemption, appeal, stay of execution, or supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment. The authority and power which the GUARANTOR has given for any attorney admitted to practice before any court of record in the United States, or the clerk of such court, to appear for and to enter confess judgment against the Borrower GUARANTOR shall be a continuous authority which shall not be exhausted or extinguished by any judgment one or more exercises or imperfect exercises thereof or by any one or more judgments entered pursuant thereto; such authority thereto and power may be exercised on one or more occasions and at such times and from time to time, time after default and in the same or different courts or jurisdictionsjurisdictions as the LENDER may consider necessary or advisable. In the event that the LENDER receives, as often as a result of execution on a judgment confessed hereunder, attorneys’ fees which exceed the Lender shall deem necessary or advisable until actual legal fees incurred by the LENDER in connection with the enforcement of this GUARANTY, then upon full and final payment of all other sums due under and owing to the LENDER in accordance with this Promissory Note have been paid in fullGUARANTY and the payment to the LENDER of the actual attorneys’ fees incurred by the LENDER, the LENDER shall remit such excess amount of attorneys’ fees to the GUARANTOR.

Confession of Judgment. Upon the failure to pay For value received and forthwith on every default of payment of rent by Tenant, or any amount when due under this Promissory Noteand every breach of covenant herein, which failure is if such breach or default shall not cured or discharged be fully remedied within a period of twenty five (525) days following receipt of after written notice thereforrequest is given to cure said default, or upon any default under any other Loan Document, which default is not cured within the applicable cure period following written notice thereof, the Borrower authorizes the clerk of any court and Tenant does hereby empower any attorney admitted to practice before of any court of record in within the United StatesStates to appear for Tenant and, on behalf of the Borrowerwith or without declaration filed, to then confess judgment against the Borrower Tenant and in favor of the Lender in the full amount due on this Promissory Note plus attorneys' fees in an amount equal to fifteen percent (15%) Landlord, its successors or assigns, as of the outstanding balance hereofterm, including principal, interest and other costs and expenses other than attorneys fees. The Borrower consents to the jurisdiction of and agrees that venue shall be proper in the United States District Court for the District specific sum due by reason of Marylandsuch default or breach by Tenant or for the accelerated rent due by reason of such default or breach, if jurisdiction existsor both, and/or in any Circuit Court with costs of suit and reasonable attorney’s fees for any county collection and forthwith issue writ or the City writs of Baltimoreexecution thereon, Maryland. The Borrower waives with release of all errors, defects and imperfections in the entry of judgment as aforesaid or in any proceeding pursuant thereto and the benefit of any and every statute, ordinance or rule of court which may be lawfully waived conferring upon the Borrower any right or privilege of exemption, without stay of execution, and inquisition and extension upon any levy on real estate is hereby waived, and condemnation agreed to, and any stay, continuance or supplementary proceedingsadjournment of sale, and any right to petition or set aside or order a resale, and any right to except to the Sheriffs schedule of proposed distribution is hereby expressly waived and exemption of any and all property from levy and sale by virtue of any exemption law now in force or which may hereafter be enacted is also expressly waived by Tenant. Tenant further authorizes and empowers any such attorney, either in addition to or without such judgment of the specific amount or accelerated rent due under this Lease to appear to Tenant, and for any other relief from person claiming under, by or through Tenant, and confess judgment forthwith against Tenant and such other person and in favor of Landlord, in an amicable action of ejectment for the enforcement or immediate enforcement Premises, together with hereditaments and appurtenances and all fixtures and equipment installed therein, with all the conditions, fees, releases, and waivers to accompany said confession of a judgment or related proceedings on a judgmentin ejectment as are set forth in this Paragraph for confession of judgment for amounts due. The authority and power to appear for and to enter entry of judgment against under the Borrower foregoing warrants shall not be extinguished by any exhaust the warrants, but successive judgment entered pursuant thereto; such authority and power may be exercised on one or more occasions entered thereunder from time to time, in the same or different courts or jurisdictions, time as often as the Lender shall deem necessary or advisable until all sums due under this Promissory Note have been paid in fulldefaults occur.

Confession of Judgment. Upon the failure to pay any amount when due under this Promissory Note, which failure is not cured or discharged within a period occurrence of five (5) days following receipt an Event of written notice therefor, or upon any default under any other Loan Document, which default is not cured within the applicable cure period following written notice thereofDefault, the Borrower authorizes the clerk of any court and any attorney admitted to practice before any court of record in the United States, States to appear on behalf of the BorrowerBorrower in any court in one or more proceedings, or before any clerk thereof or prothonotary or other court official, and to then confess judgment against the Borrower without prior notice or opportunity of the Borrower for prior hearing, in favor of the Lender in the full amount due on this Promissory Note plus attorneys' fees in an amount equal to fifteen percent the sum of the full amount of the Obligations then outstanding (including the principal of and interest on the Loans and the Reimbursement Obligations and all fees, costs, charges and other amounts owing under the Loan Documents), plus attorneys’ fees equal to the amount equal to 15%% of the sum of the amounts described in clauses (a) and (b) of the outstanding balance hereofthis sentence, including principal, interest and other costs and expenses other than attorneys feesplus court costs. The Borrower consents to the jurisdiction of the Circuit Court for Baltimore City, Maryland or any County in the State of Maryland, as selected by the Lender, or of the United States District Court for the District of Maryland in the event there is a basis for federal subject matter jurisdiction, and agrees consents that venue and jurisdiction shall be proper in any of the aforesaid Circuit Courts selected by the Lender or in the United States District Court for the District of Maryland, if jurisdiction exists, and/or in any Circuit Court for any county or the City of Baltimore, Maryland. The Borrower waives all errors, defects and imperfections in the entry of judgment as aforesaid or in any proceeding pursuant thereto and the benefit of any and every statute, ordinance ordinance, or rule of court which may be lawfully waived conferring upon the Borrower any right or privilege of exemption, homestead rights, stay of execution, or supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment. The authority and power to appear for and to enter judgment against the Borrower shall not be exhausted by one or more exercises thereof, or by any imperfect exercise thereof, and shall not be extinguished by any judgment entered pursuant thereto; such authority and power may be exercised on one or more occasions from time to time, in the same or different courts or jurisdictions, as often as the Lender shall deem necessary or advisable until advisable. In the event that the Lender receives, as a result of execution on a judgment confessed hereunder, amounts in respect of attorneys’ fees which exceed the actual attorneys’ fees incurred by the Lender in connection with the Obligations and the Loan Documents, then, upon full and final payment of all sums due under this Promissory Note have been paid in fullof the other obligations of the Borrower to the Lender, the Lender shall remit such excess to the Borrower.

Confession of Judgment. Upon the failure to pay any amount when due under this Promissory Note, which failure is not cured or discharged within a period of five (5) days following receipt of written notice therefor, or upon any default under any other Loan Document, which default is not cured within the applicable cure period following written notice thereof, the Borrower The BORROWER authorizes the clerk of any court and any attorney admitted to practice before any court of record in the United StatesStates to appear on its behalf in any court in one or more proceedings, on behalf of the Borroweror before any clerk thereof or prothonotary or other court official, and to then confess judgment against the Borrower BORROWER in favor of the Lender holder of this Promissory Note in the full amount due on this Promissory Note (including principal, accrued interest and any and all charges, fees and costs) plus attorneys' fees in an amount equal to fifteen percent (15%) of the outstanding balance hereofamount due, including principalplus court costs, interest and other costs and expenses other than attorneys feesall without prior notice or opportunity of the BORROWER for prior hearing. The Borrower BORROWER agrees and consents to the jurisdiction of and agrees that venue and jurisdiction shall be proper in the Circuit Court of any County of the State of Maryland or of Baltimore City, Maryland, or in the United States District Court for the District of Maryland, if jurisdiction exists, and/or in any Circuit Court for any county or the City of Baltimore, Maryland. The Borrower BORROWER waives all errors, defects and imperfections in the entry of judgment as aforesaid or in any proceeding pursuant thereto and the benefit of any and every statute, ordinance ordinance, or rule of court which may be lawfully waived conferring upon the Borrower it any right or privilege of exemption, homestead rights, stay of execution, or supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment. The authority and power to appear for and to enter judgment against the Borrower BORROWER shall not be exhausted by one or more exercises thereof, or by any imperfect exercise thereof, and shall not be extinguished by any judgment entered pursuant thereto; such authority and power may be exercised on one or more occasions from time to time, in the same or different courts or jurisdictions, as often as the Lender holder shall deem necessary necessary, convenient, or advisable until proper. In the event that the holder receives, as a result of execution on a judgment confessed hereunder, attorneys' fees which exceed the actual legal fees incurred by the holder in connection with the unpaid balance due to the holder pursuant to this Promissory Note, then, upon full and final payment of all other sums due under and owing to the holder pursuant to this Promissory Note have been paid in fulland payment of the actual attorneys' fees incurred by the holder, the holder shall remit such excess amount of attorneys' fees to the BORROWER.