Confession of Judgment. Upon the occurrence of a default under this AGREEMENT, or any of the LOAN DOCUMENTS as modified by this AGREEMENT, the OBLIGORS irrevocably authorize and empower any attorney admitted to practice before any court of record in the United States to appear on behalf of the OBLIGORS in any such court, in one or more proceedings, before any court thereof, and to confess judgment against the OBLIGORS, jointly and severally, without prior notice or opportunity for prior hearing, in favor of the LENDER, for the full amount of the outstanding indebtedness owed under the LOAN DOCUMENTS, plus attorneys' fees equal to 10% of said sum, plus court costs. Solely with respect to the attorneys' fees provision, the LENDER agrees that, although the LENDER is entitled to a judgment herein which includes 10% of the outstanding balance owed under the LOAN DOCUMENTS for attorneys' fees, the LENDER shall only collect the actual attorneys' fees, costs and expenses, incurred by the LENDER in this matter. This does not effect the LENDER'S right to obtain a judgment for and collect all outstanding principal, interest and late charges owed under the LOAN DOCUMENTS. In addition to all other courts, jurisdictions or venues which would be proper, the OBLIGORS consent to the jurisdiction and venue of the courts of any county of the Commonwealth of Pennsylvania, or any of the United States District Courts for the Commonwealth of Pennsylvania for the entry of said judgment(s). The OBLIGORS waive and release all errors, defects, and imperfection whatsoever in the entering of said judgment(s) and hereby agree that no writ of error or objection or motion to rule to open or strike said judgment(s) or appeal shall be made or taken thereto. The OBLIGORS waive the benefit of any and every statute, ordinance or rule of court which may be lawfully waived conferring upon the OBLIGORS any right or privilege of exemption including, but not limited to any homestead exemption, stay of execution or supplementary proceedings or other relief from the enforcement or immediate enforcement of the judgment or related proceedings on a judgment. The authority and power to appear for and enter judgment(s) against the OBLIGORS, pursuant to the authority granted herein shall not be exhausted by one or more exercises thereof, or by any imperfection or exercise thereof and shall not be extinguished by any judgment(s) entered pursuant thereto; such authority and power may be exercised on one or more occasions from time to time, in the same or different jurisdictions, as often as the LENDER may deem necessary or advisable.
Appears in 1 contract
Sources: Modification Agreement (Delias Corp)
Confession of Judgment. THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENTS AGAINST TENANT OR TO SIGN AND FILE AN ANSWER ON TENANT'S BEHALF FOR POSSESSION OF THE PREMISES. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENTS AGAINST TENANT AND TO SIGN AND FILE AN ANSWER ON TENANT'S BEHALF, TENANT HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND, ON THE ADVICE OF THE SEPARATE COUNSEL OF TENANT, UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS TENANT HAS OR MAY HAVE WITH RESPECT TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE LAWS OF THE STATE IN WHICH THE BUILDING IS LOCATED.
(a) Upon the occurrence of a default under this AGREEMENTan Event of Default, or upon the termination of this Lease, the original term hereof or any renewal or extension thereof on account of any default by Tenant hereunder, or upon the expiration of the LOAN DOCUMENTS as modified by original term of this AGREEMENTLease or any renewal or extension thereof, the OBLIGORS irrevocably authorize and empower it shall be lawful for any Prothonotary or attorney admitted to practice before of any court of record in the United States to appear on behalf of the OBLIGORS in any such courtfor Tenant, in one as well as for all persons claiming by, through or more proceedings, before any court thereofunder Tenant, and to (i) confess judgment against the OBLIGORS, jointly and severally, without prior notice or opportunity Tenant for prior hearing, in favor recovery of possession of the LENDERpremises, and/or (ii) sign and file for the full amount of the outstanding indebtedness owed under the LOAN DOCUMENTS, plus attorneys' fees equal to 10% of said sum, plus court costs. Solely with respect to the attorneys' fees provision, the LENDER agrees that, although the LENDER is entitled to a judgment herein which includes 10% of the outstanding balance owed under the LOAN DOCUMENTS for attorneys' fees, the LENDER shall only collect the actual attorneys' fees, costs and expenses, incurred by the LENDER Tenant an answer in this matter. This does not effect the LENDER'S right to obtain a judgment for and collect all outstanding principal, interest and late charges owed under the LOAN DOCUMENTS. In addition to all other courts, jurisdictions or venues which would be proper, the OBLIGORS consent to the jurisdiction and venue of the courts of any county of the Commonwealth of Pennsylvania, or any of the United States District Courts for the Commonwealth of Pennsylvania for the entry of said judgment(s). The OBLIGORS waive and release all errors, defects, and imperfection whatsoever in the entering of said judgment(s) and hereby agree that no writ of error or objection or motion to rule to open or strike said judgment(s) or appeal shall be made or taken thereto. The OBLIGORS waive the benefit of any and every statute, ordinance or rule of court which may be lawfully waived conferring upon the OBLIGORS any right or privilege of exemption including, but not limited response to any homestead exemption, stay of execution or supplementary proceedings or other relief from the enforcement or immediate enforcement of the judgment or related proceedings on a judgment. The authority and power to appear for and enter judgment(s) action instituted by Landlord against the OBLIGORS, pursuant to the authority granted herein shall not be exhausted by one or more exercises thereof, or by any imperfection or exercise thereof and shall not be extinguished by any judgment(s) entered pursuant thereto; such authority and power may be exercised on one or more occasions from time to time, Tenant in the same or different jurisdictions, as often as the LENDER may deem necessary or advisable.any
Appears in 1 contract
Sources: Stock Purchase Agreement (Horizon Health Corp /De/)
Confession of Judgment. (i) Upon a failure by the Tenant to pay any Base Monthly Rent or Additional Rent as provided in this lease when due, or upon the occurrence of any other Event of Default specified in this Lease Agreement, the entire amount due under this lease shall become immediately due and payable without presentment, demand, protest, or notice of any kind, all of which are hereby expressly waived by the tenant. Upon the occurrence of a default under this AGREEMENT, or any such an Event of the LOAN DOCUMENTS as modified by this AGREEMENTDefault, the OBLIGORS irrevocably authorize Tenant thereupon authorizes and empower empowers any attorney admitted to practice before of any court of record in the United States Commonwealth of Pennsylvania to appear on behalf of for the OBLIGORS in any such court, in one or more proceedings, before any court thereofTenant, and to confess judgment against the OBLIGORS, jointly and severally, without prior notice or opportunity for prior hearing, in favor of the LENDER, Landlord and against the Tenant in the Court of Common Pleas of York County for the full total amount of the outstanding indebtedness owed under the LOAN DOCUMENTS, plus attorneys' fees equal to 10% of said sum, plus court costs. Solely with respect then due and owing to the attorneys' fees provisionLandlord, the LENDER agrees that, although the LENDER is entitled to a judgment herein which includes 10% as well as costs of the outstanding balance owed under the LOAN DOCUMENTS for attorneys' suit and reasonable attorney’s fees, the LENDER shall only collect the actual attorneys' fees, costs and expenses, incurred by the LENDER in this matter. This does not effect the LENDER'S right to obtain a transfer judgment for and collect all outstanding principal, interest and late charges owed under the LOAN DOCUMENTS. In addition to all other courts, jurisdictions or venues which would be proper, the OBLIGORS consent to the jurisdiction and venue of the courts of any county of the Commonwealth of Pennsylvania, or any of the United States District Courts for the Commonwealth of Pennsylvania for the entry of said judgment(s). The OBLIGORS waive and release all errors, defects, and imperfection whatsoever in the entering of said judgment(s) and hereby agree that no writ of error or objection or motion to rule to open or strike said judgment(s) or appeal shall be made or taken thereto. The OBLIGORS waive the benefit of any and every statute, ordinance or rule of court which may be lawfully waived conferring upon the OBLIGORS any right or privilege of exemption including, but not limited so entered to any homestead exemption, stay of execution other county or supplementary proceedings or other relief from the enforcement or immediate enforcement of the judgment or related proceedings on jurisdiction pursuant to applicable law without regard to its character as a confessed judgment. The authority and power to appear for and enter judgment(s) against the OBLIGORS, pursuant to the authority confess judgment herein granted herein shall not be exhausted by any one or more exercises exercise thereof, or by any imperfection or exercise thereof but shall continue in full force and effect from time to time and at all times until payment in full of the total amount due the Landlord, and entry of judgment on this Lease shall not be extinguished by deemed to restrict or limit the Landlord in pursuing any judgment(sother remedy available to the Landlord under the Lease Agreement, or any other remedy available to the Landlord at law or in equity, to enforce collection of the total amount due and owing to the Landlord. All of said remedies are hereby declared to be non-exclusive and exercisable separately or concurrently, until the total amount due and owing to the Landlord is paid in full.
(ii) entered pursuant thereto; such authority The Tenant hereby waives the benefit of any present or future law or rule of procedure authorizing stay of execution on any judgment recovered on this Lease Agreement, and power may be exercised on one or more occasions the exemption of property from time to timelevy and sale there under, and any and all .errors, defects, and imperfections whatsoever of a procedural nature in the same entry of any judgment or different jurisdictions, as often as in any process of proceedings thereon or relating to the LENDER may deem necessary or advisablesame.
Appears in 1 contract
Confession of Judgment. Upon the occurrence (a) If an Event of a default under this AGREEMENT, or any Default occurs relating to Tenant's non-payment of the LOAN DOCUMENTS as modified by this AGREEMENTRent due under the Lease, the OBLIGORS irrevocably authorize and empower Tenant hereby authorizes any attorney admitted to practice before of any court of record in of the United States Commonwealth of Pennsylvania to appear on behalf of the OBLIGORS in any such court, in one or more proceedings, before any court thereof, for Tenant and to confess judgment against the OBLIGORSTenant, jointly and severally, without prior notice or opportunity for prior hearing, in favor of the LENDERLandlord, for the full amount of the outstanding indebtedness owed under the LOAN DOCUMENTS, all Rent due plus attorneys' fees costs and an attorney's collection commission equal to the greater of 10% of said sumall Rent or $1,000, plus court costs. Solely with respect to for which the attorneys' fees provision, the LENDER agrees that, although the LENDER is entitled to Lease or a judgment herein which includes 10% true and correct copy of the outstanding balance owed under the LOAN DOCUMENTS for attorneys' fees, the LENDER shall only collect the actual attorneys' fees, costs and expenses, incurred by the LENDER in this matter. This does not effect the LENDER'S right to obtain a judgment for and collect all outstanding principal, interest and late charges owed under the LOAN DOCUMENTS. In addition to all other courts, jurisdictions or venues which would be proper, the OBLIGORS consent to the jurisdiction and venue of the courts of any county of the Commonwealth of Pennsylvania, or any of the United States District Courts for the Commonwealth of Pennsylvania for the entry of said judgment(s). The OBLIGORS waive and release all errors, defects, and imperfection whatsoever in the entering of said judgment(s) and hereby agree that no writ of error or objection or motion to rule to open or strike said judgment(s) or appeal Lease shall be made or taken theretogood and sufficient warrant. The OBLIGORS waive the benefit of any and every statuteTENANT UNDERSTANDS THAT THE FOREGOING PERMITS LANDLORD TO ENTER A JUDGMENT AGAINST TENANT WITHOUT PRIOR NOTICE OR HEARING. ONCE SUCH A JUDGMENT HAS BEEN ENTERED AGAINST TENANT, ordinance or rule of court which may be lawfully waived conferring upon the OBLIGORS any right or privilege of exemption includingONE OR MORE WRITS OF EXECUTION OR WRITS OF GARNISHMENT MAY BE ISSUED THEREON WITHOUT FURTHER NOTICE TO TENANT AND WITHOUT A HEARING, but not limited to any homestead exemptionAND, stay of execution or supplementary proceedings or other relief from the enforcement or immediate enforcement of the judgment or related proceedings on a judgmentPURSUANT TO SUCH WRITS, LANDLORD MAY CAUSE THE SHERIFF OF THE COUNTY IN WHICH ANY PROPERTY OF TENANT IS LOCATED TO SEIZE TENANT'S PROPERTY BY LEVY OR ATTACHMENT. The IF THE JUDGMENT AGAINST TENANT REMAINS UNPAID AFTER SUCH LEVY OR ATTACHMENT, LANDLORD CAN CAUSE SUCH PROPERTY TO BE SOLD BY THE SHERIFF EXECUTING THE WRITS, OR, IF SUCH PROPERTY CONSISTS OF A DEBT OWED TO TENANT BY ANOTHER ENTITY, LANDLORD CAN CAUSE SUCH DEBT TO BE PAID DIRECTLY TO LANDLORD IN AN AMOUNT UP TO BUT NOT TO EXCEED THE AMOUNT OF THE JUDGMENT OBTAINED BY LANDLORD AGAINST TENANT, PLUS THE COSTS OF THE EXECUTION. Such authority and power to appear for and enter judgment(s) against the OBLIGORS, pursuant to the authority granted herein shall not be exhausted by one or more exercises exercise thereof, but judgment may be confessed as aforesaid from time to time as often as any of the Rent and other sums shall fall due or by any imperfection or exercise thereof be in arrears, and shall not be extinguished by any judgment(s) entered pursuant thereto; such authority and power powers may be exercised as well after the expiration of the Second Extension Term and during any extended or renewal term and after the expiration of any extended or renewal term of the Lease.
(b) When the Lease and the Term or any extension thereof have been terminated on one account of any default by Tenant, or more occasions from time when the Term or any extension thereof has expired, Tenant hereby authorizes any attorney of any court of record of the Commonwealth of Pennsylvania to timeappear for Tenant and for anyone claiming by, through or under Tenant and to confess judgment against all such parties, and in favor of Landlord, in ejectment and for the same recovery of possession of the Premises, for which the Lease or different jurisdictions, as often as the LENDER may deem necessary or advisable.a true and correct copy of thereof shall be good and sufficient warrant. AFTER THE ENTRY OF ANY SUCH JUDGMENT A WRIT OF POSSESSION MAY BE
Appears in 1 contract
Confession of Judgment. Upon (1) Developer agrees that in the occurrence event of a any default under the terms of this Agreement, Township may cause judgment to be entered against Developer, and for that purpose DEVELOPER AUTHORIZES AND EMPOWERS THE TOWNSHIP OR ANY PROTHONOTARY, CLERK OF COURT OR ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR AND CONFESS ONE OR MORE JUDGMENTS AGAINST DEVELOPER AND AGREES THAT TOWNSHIP MAY COMMENCE AN ACTION PURSUANT TO THE PENNSYLVANIA RULES OF CIVIL PROCEDURE FOR THE RECOVERY FROM DEVELOPER OF ALL DAMAGES, COSTS, AND EXPENSES PROVIDED FOR HEREIN, AS WELL AS FOR INTEREST AND COSTS AND ATTORNEYS' FEES, FOR WHICH AUTHORIZATION TO CONFESS JUDGMENT THIS AGREEMENT, or any OR A TRUE AND CORRECT COPY THEREOF, SHALL BE SUFFICIENT WARRANT. SUCH JUDGMENT MAY BE CONFESSED AGAINST DEVELOPER FOR THE AMOUNT OF DAMAGES, COSTS, AND EXPENSES PROVIDED HEREIN, AS WELL AS FOR INTEREST, COSTS, AND AN ATTORNEYS' COMMISSION IN THE AMOUNT OF FIFTEEN (15%) PERCENT OF THE FULL AMOUNT OF THE TOWNSHIP'S CLAIM AGAINST DEVELOPER. Notwithstanding the foregoing attorneys’ commission, which is included for the purpose of establishing a sum certain in the LOAN DOCUMENTS as modified by this AGREEMENTevent of confession of judgment, the OBLIGORS irrevocably authorize and empower any attorney admitted attorneys’ fees recoverable by the Township shall not exceed the actual fees incurred by the Township. Neither the right to practice before any court institute an action pursuant to said Pennsylvania Rules of record in Civil Procedure nor the United States to appear on behalf of the OBLIGORS in any such court, in one or more proceedings, before any court thereof, and authority to confess judgment against the OBLIGORS, jointly and severally, without prior notice or opportunity for prior hearing, in favor of the LENDER, for the full amount of the outstanding indebtedness owed under the LOAN DOCUMENTS, plus attorneys' fees equal to 10% of said sum, plus court costs. Solely with respect to the attorneys' fees provision, the LENDER agrees that, although the LENDER is entitled to a judgment herein which includes 10% of the outstanding balance owed under the LOAN DOCUMENTS for attorneys' fees, the LENDER shall only collect the actual attorneys' fees, costs and expenses, incurred by the LENDER in this matter. This does not effect the LENDER'S right to obtain a judgment for and collect all outstanding principal, interest and late charges owed under the LOAN DOCUMENTS. In addition to all other courts, jurisdictions or venues which would be proper, the OBLIGORS consent to the jurisdiction and venue of the courts of any county of the Commonwealth of Pennsylvania, or any of the United States District Courts for the Commonwealth of Pennsylvania for the entry of said judgment(s). The OBLIGORS waive and release all errors, defects, and imperfection whatsoever in the entering of said judgment(s) and hereby agree that no writ of error or objection or motion to rule to open or strike said judgment(s) or appeal shall be made or taken thereto. The OBLIGORS waive the benefit of any and every statute, ordinance or rule of court which may be lawfully waived conferring upon the OBLIGORS any right or privilege of exemption including, but not limited to any homestead exemption, stay of execution or supplementary proceedings or other relief from the enforcement or immediate enforcement of the judgment or related proceedings on a judgment. The authority and power to appear for and enter judgment(s) against the OBLIGORS, pursuant to the authority granted herein shall not be exhausted by one or more exercises thereof, but successive complaints may be filed and successive judgments may be entered for the aforesaid damages as they are incurred under the provisions of this Agreement.
(2) In any proceeding or action to enter judgment by any imperfection confession for money pursuant to the above paragraph, if the Township shall first cause to be filed in such action an affidavit or exercise thereof averment of the facts constituting the default, the occurrence of the condition precedent or the event, the happening of which default, occurrence or event authorizes and empowers the Township to cause the entry of judgment by confession, such affidavit or averment shall be conclusive evidence of such facts, defaults, occurrences, conditions precedent or events, and if a true copy of this Agreement be filed in such procedure or action, it shall not be extinguished necessary to file the original as a warrant of attorney, any rule of court, custom or practice to the contrary notwithstanding.
(3) Developer hereby releases the Township and any and all attorneys who may appear for the Township from all errors in any procedure or action to enter judgment by confession by virtue of the warrant of attorney contained in this Agreement, and all liability therefor. Developer further authorizes the prothonotary or any judgment(s) entered pursuant thereto; such authority clerk of any court of record to issue a writ of execution or other process and power further agrees that real estate may be exercised sold on one a writ of execution or more occasions from time to time, in the same or different jurisdictions, as often as the LENDER may deem necessary or advisableother process.
Appears in 1 contract
Sources: Land Development Agreement
Confession of Judgment. Upon Tenant herby agrees to the occurrence Confession of a Judgment provision as set forth in Section 29 of the Lease, restated as follows:
(a) When this Lease and the Term or any extension thereof shall have been terminated on account of any default under this AGREEMENTby Tenant, or when the Term or any of the LOAN DOCUMENTS extension thereof shall have expired after notice and failure to cure as modified by provided in this AGREEMENTLease, the OBLIGORS irrevocably authorize and empower Tenant hereby authorizes any attorney admitted to practice before of any court of record in of the United States Commonwealth of Pennsylvania to appear on behalf of the OBLIGORS in any such courtfor Tenant and for anyone claiming by, in one through or more proceedings, before any court thereof, under Tenant and to confess judgment against the OBLIGORSall such parties, jointly and severally, without prior notice or opportunity for prior hearing, in favor of Landlord, in ejectment and for the LENDERrecovery of possession of the Premises, for the full amount which this Lease or a true and correct copy hereof shall be good and sufficient warrant. If for any reason after such action shall have been commenced it shall be determined and possession of the outstanding indebtedness owed under Premises remain in or be restored to Tenant, Landlord shall have the LOAN DOCUMENTSright for the same default and upon any subsequent default(s) or upon the termination of this Lease or Tenant’s right of possession as herein set forth, plus attorneys' fees equal to 10% of said sumagain confess judgment as herein provided, plus court costs. Solely with respect to for which this Lease or a true and correct copy hereof shall be good and sufficient warrant.
(b) If Tenant shall default in the attorneys' fees provision, the LENDER agrees that, although the LENDER is entitled to a judgment herein which includes 10% payment of the outstanding balance owed under the LOAN DOCUMENTS for attorneys' feesRent due hereunder, the LENDER shall only collect the actual attorneys' fees, costs after notice and expenses, incurred by the LENDER failure to cure as provided in this matter. This does not effect the LENDER'S right to obtain a judgment for and collect all outstanding principalLease, interest and late charges owed under the LOAN DOCUMENTS. In addition to all other courts, jurisdictions or venues which would be proper, the OBLIGORS consent to the jurisdiction and venue of the courts Tenant hereby authorizes any attorney of any county court of record of the Commonwealth of Pennsylvania, or any of the United States District Courts for the Commonwealth of Pennsylvania for the entry of said judgment(s). The OBLIGORS waive and release all errors, defects, and imperfection whatsoever in the entering of said judgment(s) and hereby agree that no writ of error or objection or motion to rule to open or strike said judgment(s) or appeal shall be made or taken thereto. The OBLIGORS waive the benefit of any and every statute, ordinance or rule of court which may be lawfully waived conferring upon the OBLIGORS any right or privilege of exemption including, but not limited to any homestead exemption, stay of execution or supplementary proceedings or other relief from the enforcement or immediate enforcement of the judgment or related proceedings on a judgment. The authority and power to appear for Tenant and enter judgment(s) to confess judgment against the OBLIGORSTenant, pursuant and in favor of Landlord, for all sums due hereunder plus interest, costs and an attorney’s collection commission equal to the greater of 10% of all such sums of $1,000, for which this Lease or a true and correct copy hereof shall be good and sufficient warrant. TENANT UNDERSTANDS THAT THE FOREGOING PERMITS LANDLORD TO ENTER A JUDGMENT AGAINST TENANT WITHOUT PRIOR NOTICE OR HEARING. ONCE SUCH A JUDGMENT HAS BEEN ENTERED AGAINST TENANT, ONE OR MORE WRITS OF EXECTUION OR WRITS OF GARNISHMENT MAY BE ISSUED THEREON AFTER NOTICE TO TENANT AS PROVIDED BY LAW. PURSUANT TO SUCH WRITS, LANDLORD MAY CAUSE THE SHERIFF OF THE COUNTY IN WHICH ANY PROPERTY OF TENANT IS LOCATED TO SEIZE TENANT’S PROPERTY BY LEVY OR ATTACHMENT. IF THE JUDGMENT AGAINST TENANT REMAINS UNPAID AFTER SUCH LEVY OR ATTACHMENT, LANDLORD CAN CAUSE SUCH PROPERTY TO BE SOLD BY THE SHERIFF EXECUTING THE WRITS, OR, IF SUCH PROPERTY CONSISTS OF A DEBT OWED TO TENANT BY ANOTHER ENTITY, LANDLORD CAN CAUSE SUCH DEBT TO BE PAID DIRECTLY TO LANDLORD IN AN AMOUNT UP TO BUT NOT TO EXCEED THE AMOUNT OF THE JUDGMENT OBTAINED BY LANDLORD AGAINST TENANT, PLUS THE COSTS OF THE EXECUTION. Such authority granted herein shall not be exhausted by one or more exercises exercise thereof, but judgment may be confessed as aforesaid from time to time as often as any of the said rent and other sums shall fall due or by any imperfection or exercise thereof be in arrears, and shall not be extinguished by any judgment(s) entered pursuant thereto; such authority and power powers may be exercised on as well after the expiration of the initial term of this Lease and during any extended or renewal of this Lease and after the expiration of any extended or renewal term of this Lease. Notwithstanding the entry of judgment including a percentage attorney’s commission as stated above, if Tenant tenders payment in full of the principal indebtedness, interest, cost and all other amounts included in the judgment amount (other than the percentage attorney’s commission), plus an amount equal to the actual attorney’s fees incurred by the Landlord in enforcing its rights under this lease, Landlord shall satisfy such judgment.
(c) The warrants to confess judgment set forth above shall continue in full force and effect and be unaffected by amendments to this Lease or other agreements between Landlord and Tenant even if any such amendments or other agreements increase Tenant’s obligations or expand the size of the Premises. Tenant waives any procedural errors in connection with the entry of any such judgment or in the issuance of any one or more occasions from time to timewrits of possession or execution or garnishment thereon.
(d) PROVIDED THAT TENANT HAS RECEIVED NOTICE OF DEFAULT AND HAS FAILED TO CURE SAME AS PERMITTED INT HIS LEASE, in the same or different jurisdictions, as often as the LENDER may deem necessary or advisableTENANT KNOWINGLY AND EXPRESSLY WAIVED THE RIGHT TO RECEIVE ANY FURTHER NOTICE TO QUIT UNDER THE PENNSYLVANIA LANDLORD TENANT ACT PRIOR TO LANDLORD COMMENCING AN ACTION FOR REPOSSESSION OF THE PREMISES.
Appears in 1 contract
Confession of Judgment. 1. THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF AUTHORITY FOR ANY ATTORNEY TO CONFESS JUDGMENT AGAINST THE BORROWER. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE BORROWER, THE BORROWER, FOLLOWING CONSULTATION WITH (OR DECISION NOT TO CONSULT) SEPARATE COUNSEL FOR THE BORROWER AND WITH KNOWLEDGE OF THE LEGAL EFFECT HEREOF, HEREBY KNOWINGLY, INTENTIONALLY, VOLUNTARILY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE 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 BORROWER THAT THE BANK HAS RELIED ON THIS WARRANT OF ATTORNEY IN RECEIVING THIS NOTE AND AS AN INDUCEMENT TO GRANT FINANCIAL ACCOMMODATIONS TO THE BORROWER.
2. Upon and following the occurrence of a default under this AGREEMENT, or any an Event of the LOAN DOCUMENTS as modified by this AGREEMENTDefault, the OBLIGORS irrevocably authorize Borrower hereby jointly and empower severally authorizes and empowers any attorney admitted to practice before of any court of record in or the United States to appear on behalf of the OBLIGORS in any such court, in one prothonotary or more proceedings, before any court thereof, and to confess judgment against the OBLIGORS, jointly and severally, without prior notice or opportunity for prior hearing, in favor of the LENDER, for the full amount of the outstanding indebtedness owed under the LOAN DOCUMENTS, plus attorneys' fees equal to 10% of said sum, plus court costs. Solely with respect to the attorneys' fees provision, the LENDER agrees that, although the LENDER is entitled to a judgment herein which includes 10% of the outstanding balance owed under the LOAN DOCUMENTS for attorneys' fees, the LENDER shall only collect the actual attorneys' fees, costs and expenses, incurred by the LENDER in this matter. This does not effect the LENDER'S right to obtain a judgment for and collect all outstanding principal, interest and late charges owed under the LOAN DOCUMENTS. In addition to all other courts, jurisdictions or venues which would be proper, the OBLIGORS consent to the jurisdiction and venue of the courts clerk of any county of in the Commonwealth of Pennsylvania, or in any jurisdiction where permitted by law or the clerk of the any United States District Courts Court, to appear for the Commonwealth of Pennsylvania for the entry of said judgment(s). The OBLIGORS waive and release all errors, defects, and imperfection whatsoever Borrower in the entering of said judgment(s) and hereby agree that no writ of error or objection or motion to rule to open or strike said judgment(s) or appeal shall be made or taken thereto. The OBLIGORS waive the benefit of any and every statute, ordinance or rule of court all actions which may be lawfully waived conferring upon brought hereunder and enter and confess judgment against the OBLIGORS Borrower or any right of them in favor of the Bank for such sums as are due or privilege may become due hereunder or under any other Loan Document, together with costs of exemption suit and actual collection costs including, without limitation, reasonable attorneys' fees equal to five percent (5%) of the Liabilities then due and owing but not limited to any homestead exemptionin no event less than $5000, with or without declaration, without prior notice, without stay of execution and with release of all procedural errors and the right to issue executions forthwith. To the extent permitted by law, the Borrower waives the right of inquisition on any real estate levied on, voluntarily condemns the same, authorizes the prothonotary or supplementary proceedings or other clerk to enter upon the writ of execution this voluntary condemnation and agrees that such real estate may be sold on a writ of execution; and also waives any relief from the enforcement any appraisement, stay or immediate enforcement exemption law of any state now in force or hereafter enacted. If a copy of this Note verified by affidavit of any officer of the judgment Bank shall have been filed in such action, it shall not be necessary to file the original thereof as a warrant of attorney, any practice or related proceedings on a judgmentusage to the contrary notwithstanding. The authority and power herein granted to appear for and enter judgment(s) against the OBLIGORS, pursuant to the authority granted herein confess judgment shall not be exhausted by any single exercise thereof, but shall continue and may be exercised from time to time as often as the Bank shall find it necessary and desirable and at all times until full payment of all amounts due hereunder and under the other Loan Documents. The Bank may confess one or more exercises thereof, or by any imperfection or exercise thereof and shall not be extinguished by any judgment(s) entered pursuant thereto; such authority and power may be exercised on one or more occasions from time to time, judgments in the same or different jurisdictionsjurisdictions for all or any part of the Borrower's obligations arising hereunder or under any other Loan Document to which the Borrower is a party, without regard to whether judgment has theretofore been confessed on more than one occasion for the same obligations. In the event that any judgment confessed against the Borrower is stricken or opened upon application by or on behalf of the Borrower or any Obligor for any reason, the Bank is hereby authorized and empowered to again appear for and confess judgment against the Borrower for any part or all of the obligations due and owing under this Note, as often as the LENDER may deem necessary or advisableherein provided.
Appears in 1 contract
Sources: Revolving Credit Note (Leak X Environmental Corporation)
Confession of Judgment. Upon the occurrence (a) If an Event of a default under this AGREEMENT, or any Default occurs relating to Tenant’s non-payment of the LOAN DOCUMENTS as modified by this AGREEMENTRent due under the Lease, the OBLIGORS irrevocably authorize and empower Tenant hereby authorizes any attorney admitted to practice before of any court of record in of the United States Commonwealth of Pennsylvania to appear on behalf of the OBLIGORS in any such court, in one or more proceedings, before any court thereof, for Tenant and to confess judgment against the OBLIGORSTenant, jointly and severally, without prior notice or opportunity for prior hearing, in favor of the LENDERLandlord, for the full amount of the outstanding indebtedness owed under the LOAN DOCUMENTS, all Rent due plus attorneys' fees costs and an attorney’s collection commission equal to the greater of 10% of said sumall Rent or $1,000, plus court costs. Solely with respect to for which the attorneys' fees provision, the LENDER agrees that, although the LENDER is entitled to Lease or a judgment herein which includes 10% true and correct copy of the outstanding balance owed under the LOAN DOCUMENTS for attorneys' fees, the LENDER shall only collect the actual attorneys' fees, costs and expenses, incurred by the LENDER in this matter. This does not effect the LENDER'S right to obtain a judgment for and collect all outstanding principal, interest and late charges owed under the LOAN DOCUMENTS. In addition to all other courts, jurisdictions or venues which would be proper, the OBLIGORS consent to the jurisdiction and venue of the courts of any county of the Commonwealth of Pennsylvania, or any of the United States District Courts for the Commonwealth of Pennsylvania for the entry of said judgment(s). The OBLIGORS waive and release all errors, defects, and imperfection whatsoever in the entering of said judgment(s) and hereby agree that no writ of error or objection or motion to rule to open or strike said judgment(s) or appeal Lease shall be made or taken theretogood and sufficient warrant. The OBLIGORS waive the benefit of any and every statuteTENANT UNDERSTANDS THAT THE FOREGOING PERMITS LANDLORD TO ENTER A JUDGMENT AGAINST TENANT WITHOUT PRIOR NOTICE OR HEARING. ONCE SUCH A JUDGMENT HAS BEEN ENTERED AGAINST TENANT, ordinance or rule of court which may be lawfully waived conferring upon the OBLIGORS any right or privilege of exemption includingONE OR MORE WRITS OF EXECUTION OR WRITS OF GARNISHMENT MAY BE ISSUED THEREON WITHOUT FURTHER NOTICE TO TENANT AND WITHOUT A HEARING, but not limited to any homestead exemptionAND, stay of execution or supplementary proceedings or other relief from the enforcement or immediate enforcement of the judgment or related proceedings on a judgmentPURSUANT TO SUCH WRITS, LANDLORD MAY CAUSE THE SHERIFF OF THE COUNTY IN WHICH ANY PROPERTY OF TENANT IS LOCATED TO SEIZE TENANT’S PROPERTY BY LEVY OR ATTACHMENT. The IF THE JUDGMENT AGAINST TENANT REMAINS UNPAID AFTER SUCH LEVY OR ATTACHMENT, LANDLORD CAN CAUSE SUCH PROPERTY TO BE SOLD BY THE SHERIFF EXECUTING THE WRITS, OR, IF SUCH PROPERTY CONSISTS OF A DEBT OWED TO TENANT BY ANOTHER ENTITY, LANDLORD CAN CAUSE SUCH DEBT TO BE PAID DIRECTLY TO LANDLORD IN AN AMOUNT UP TO BUT NOT TO EXCEED THE AMOUNT OF THE JUDGMENT OBTAINED BY LANDLORD AGAINST TENANT, PLUS THE COSTS OF THE EXECUTION. Such authority and power to appear for and enter judgment(s) against the OBLIGORS, pursuant to the authority granted herein shall not be exhausted by one or more exercises exercise thereof, but judgment may be confessed as aforesaid from time to time as often as any of the Rent and other sums shall fall due or by any imperfection or exercise thereof be in arrears, and shall not be extinguished by any judgment(s) entered pursuant thereto; such authority and power powers may be exercised as well after the expiration of the Second Extension Term and during any extended or renewal term and after the expiration of any extended or renewal term of the Lease.
(b) When the Lease and the Term or any extension thereof have been terminated on one account of any default by Tenant, or more occasions from time when the Term or any extension thereof has expired, Tenant hereby authorizes any attorney of any court of record of the Commonwealth of Pennsylvania to timeappear for Tenant and for anyone claiming by, through or under Tenant and to confess judgment against all such parties, and in favor of Landlord, in ejectment and for the same recovery of possession of the Premises, for which the Lease or different jurisdictions, as often as the LENDER may deem necessary or advisable.a true and correct copy of thereof shall be good and sufficient warrant. AFTER THE ENTRY OF ANY SUCH JUDGMENT A WRIT OF POSSESSION MAY BE
Appears in 1 contract
Confession of Judgment. Upon the occurrence of a default under this AGREEMENTan Event of Default hereunder, or any of the LOAN DOCUMENTS as modified by this AGREEMENT, the OBLIGORS Maker hereby irrevocably authorize authorizes and empower empowers any attorney admitted to practice before of any court of record in or the United States to appear on behalf Prothonotary or Clerk of the OBLIGORS in any such court, in one or more proceedings, before any court thereof, and to confess judgment against the OBLIGORS, jointly and severally, without prior notice or opportunity for prior hearing, in favor of the LENDER, for the full amount of the outstanding indebtedness owed under the LOAN DOCUMENTS, plus attorneys' fees equal to 10% of said sum, plus court costs. Solely with respect to the attorneys' fees provision, the LENDER agrees that, although the LENDER is entitled to a judgment herein which includes 10% of the outstanding balance owed under the LOAN DOCUMENTS for attorneys' fees, the LENDER shall only collect the actual attorneys' fees, costs and expenses, incurred by the LENDER in this matter. This does not effect the LENDER'S right to obtain a judgment for and collect all outstanding principal, interest and late charges owed under the LOAN DOCUMENTS. In addition to all other courts, jurisdictions or venues which would be proper, the OBLIGORS consent to the jurisdiction and venue of the courts of any county of the Commonwealth of Pennsylvania, or elsewhere, to appear at any time for the of any term, and therein to confess or enter judgment against the Maker for all or any part of the United States District Courts for sums due Payee pursuant to this Note and all arrearages of interest thereon together with interest thereon at the Commonwealth Default Rate after default including interest at that rate from and after the date of Pennsylvania for any foreclosure, sheriffs or judicial sale until actual payment is made to Payee of the entry full amount due Payee plus costs and together with all actual attorneys' fees incurred by Payee from time to time in enforcing its rights hereunder, including the Confession of said judgment(s)Judgment against Maker. The OBLIGORS waive and release all errorsFor purposes of such confessions of judgment, defects, and imperfection whatsoever in the entering of said judgment(s) and hereby agree that no writ of error this Note or objection or motion to rule to open or strike said judgment(s) or appeal a copy thereof verified by affidavit shall be made or taken thereto. The OBLIGORS waive the benefit of any a good and every statute, ordinance or rule of court which may be lawfully waived conferring upon the OBLIGORS any right or privilege of exemption including, but not limited to any homestead exemption, stay of execution or supplementary proceedings or other relief from the enforcement or immediate enforcement of the judgment or related proceedings on a judgmentsufficient warrant. The authority and power to appear for and enter judgment(s) against the OBLIGORS, pursuant to the authority granted herein to confess judgment shall not be exhausted by any exercise thereof but shall continue from time to time and at all times until all obligations of Maker to Payee have been fully paid and/or discharged. Payee may confess one or more exercises thereof, or by any imperfection or exercise thereof and shall not be extinguished by any judgment(s) entered pursuant thereto; such authority and power may be exercised on one or more occasions from time to time, judgments in the same or different jurisdictionsjurisdictions for all or any of the amount owing hereunder, without regard to whether judgment has theretofore been confessed on more than one occasion for the same amount. In the event any judgment confessed against Maker hereunder is stricken or opened upon application by or on Maker's behalf for any reason, Payee is hereby authorized and empowered to again appear for and confess judgment against Maker for any part or all of the amounts owing hereunder, as often as the LENDER may deem necessary provided for herein, if doing so will cure any errors or advisabledefects in such prior proceedings.
Appears in 1 contract
Confession of Judgment. Upon the occurrence of a default under this AGREEMENT, or any of the LOAN DOCUMENTS as modified by this AGREEMENT, the OBLIGORS The Borrowers hereby irrevocably authorize and empower any attorney admitted attorney-at-law to practice before appear in any court of record in the United States to appear on behalf of the OBLIGORS in any such court, in one or more proceedings, before any court thereof, and to confess judgment against the OBLIGORS, jointly and severally, without prior notice or opportunity for prior hearing, in favor of the LENDER, for the full amount of the outstanding indebtedness owed under the LOAN DOCUMENTS, plus attorneys' fees equal to 10% of said sum, plus court costs. Solely with respect to the attorneys' fees provision, the LENDER agrees that, although the LENDER is entitled to a judgment herein which includes 10% of the outstanding balance owed under the LOAN DOCUMENTS for attorneys' fees, the LENDER shall only collect the actual attorneys' fees, costs and expenses, incurred by the LENDER in this matter. This does not effect the LENDER'S right to obtain a judgment for and collect all outstanding principal, interest and late charges owed under the LOAN DOCUMENTS. In addition to all other courts, jurisdictions or venues which would be proper, the OBLIGORS consent to the jurisdiction and venue of the courts of any county of the Commonwealth of Pennsylvania, or in any other state or territory of the United States District Courts States, at any time after the indebtedness evidenced by this Term Note becomes due, whether by acceleration or otherwise, to waive the issuing and service of process and to confess a judgment against the undersigned in favor of the Bank and/or any assignee or holder hereof for the Commonwealth amount of Pennsylvania for principal and interest and expenses then appearing due from the entry undersigned under this Term Note and the Credit Agreement, together with costs of said judgment(s). The OBLIGORS waive suit and thereupon to release all errorserrors and waive all right of appeal or stays of execution in any court of record. No such judgment or judgments against less than all of the undersigned will be a bar to any subsequent judgment or judgments against any one or more of the undersigned against whom judgment has not been obtained hereon, defectsthis being a joint and several warrant of attorney to confess judgment. KRUG ▇▇▇ERNATIONAL CORP. By: -------------------------------- Print Name: ------------------------ Title: ----------------------------- 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. TECHNOLOGY/SCIENTIFIC SERVICES, INC. By: -------------------------------- Print Name: ------------------------ Title: ----------------------------- KRUG ▇▇▇E SCIENCES INC. By: -------------------------------- Print Name: ------------------------ Title: ----------------------------- - 4 - 82 REVOLVING CREDIT NOTE $2,500,000 Philadelphia, Pennsylvania November 14, 1991 FOR VALUE RECEIVED, the undersigned KRUG ▇▇▇ERNATIONAL CORP., TECHNOLOGY/SCIENTIFIC SERVICES, INC. and imperfection whatsoever KRUG ▇▇▇E SCIENCES INC. (hereinafter referred to jointly and severally as the "Borrowers"), promise to pay, on or before the Termination Date (as defined in the entering Credit Agreement hereinafter mentioned), to the order of said judgment(sCORESTATES BANK, N.A., A NATIONAL BANKING ASSOCIATION WHICH ALSO CONDUCTS BUSINESS AS PHILADELPHIA NATIONAL BANK AND AS CORESTATES FIRST PENNSYLVANIA BANK, as administrative agent ("Administrative Agent") for: (1) Society Bank, National Association; (2) The Central Trust Company, N.A.; (3) Comerica Bank; and hereby agree that no writ (4) CoreStates Bank, N.A. (collectively, the "Revolving Credit Banks"), the principal sum of error or objection or motion to rule to open or strike said judgment(sTwo Million Five Hundred Thousand Dollars ($2,500,000) or appeal shall be made or taken thereto. The OBLIGORS waive or, if less, the benefit of any and every statute, ordinance or rule of court which may be lawfully waived conferring upon aggregate principal amount (as shown by the OBLIGORS any right or privilege of exemption including, but not limited to any homestead exemption, stay of execution or supplementary proceedings or other relief from the enforcement or immediate enforcement records of the judgment or related proceedings on a judgment. The authority and power Administrative Agent hereinafter mentioned, which records shall constitute prima facie evidence thereof) of all revolving credit advances (the "Revolving Credit Advances") made by the Revolving Credit Banks to appear for and enter judgment(s) against the OBLIGORS, Borrowers pursuant to the authority granted herein shall not be exhausted by one or more exercises thereofCredit Agreement hereinafter mentioned. The Borrowers further promise to pay to the order of the Administrative Agent interest on the principal amounts of the Revolving Credit Advances, or by any imperfection or exercise thereof from the respective dates on which the Revolving Credit Advances are made until such principal amounts have been repaid in full, payable at the times and shall not be extinguished by any judgment(s) entered pursuant thereto; such authority and power may be exercised on one or more occasions from time to time, rates provided in the same or different jurisdictionsCredit Agreement hereinafter mentioned. This is the Revolving Credit Note mentioned in, and is entitled to the benefits of, the Credit Agreement dated as often of even date herewith (the "Credit Agreement") and all other instruments, documents and agreements executed and delivered by the Borrowers therewith, between the Borrowers, the Lenders (as defined in the Credit Agreement) and CoreStates Bank, N.A. as Administrative Agent. All obligations and agreements of the Borrowers hereunder are joint and several. THIS REVOLVING CREDIT NOTE HAS BEEN EXECUTED AND DELIVERED IN CONNECTION WITH A COMMERCIAL TRANSACTION. THIS REVOLVING CREDIT NOTE HAS BEEN EXECUTED, DELIVERED AND ACCEPTED AT AND WILL BE DEEMED TO HAVE BEEN MADE AT PHILADELPHIA, PENNSYLVANIA AND WILL BE INTERPRETED AND THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO DETERMINED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, AND THE BORROWERS HEREBY AGREE TO THE JURISDICTION OF ANY OF THE COURTS OF THE COMMONWEALTH OF PENNSYLVANIA, OR OF THE UNITED STATES OF AMERICA FOR THE EASTERN DISTRICT OF PENNSYLVANIA, AND ACCEPT, GENERALLY AND UNCONDITIONALLY, THE JURISDICTION OF ANY SUCH COURT. THE BORROWERS CONSENT THAT ANY SERVICE OF PROCESS MAY BE MADE BY CERTIFIED MAIL DIRECTED TO THE BORROWERS AT THE ADDRESS OF THE BORROWERS SET FORTH IN THE CREDIT AGREEMENT FOR NOTICES AND SERVICE SO MADE WILL BE DEEMED TO BE COMPLETED FIVE (5) BUSINESS DAYS AFTER THE SAME HAS BEEN DEPOSITED IN U.S. MAILS, POSTAGE PREPAID. THE BORROWERS WAIVE ANY OBJECTION BASED ON FORUM NON CONVENIENS AND ANY OBJECTION TO VENUE OF ANY ACTION INSTITUTED HEREUNDER IN ANY SUCH JURISDICTION. NOTHING CONTAINED HEREIN WILL AFFECT THE RIGHT OF THE ADMINISTRATIVE AGENT OR ANY LENDER may deem necessary or advisableTO SERVE PROCESS IN ANY MANNER PERMITTED BY LAW OR PREVENT THE ADMINISTRATIVE AGENT OR ANY LENDER FROM BRINGING ANY ACTION, ENFORCING ANY JUDGMENT OR EXERCISING ANY RIGHTS AGAINST ANY BORROWER OR AGAINST ANY SECURITY OR AGAINST ANY PROPERTY OF ANY BORROWER WITHIN ANY OTHER JURISDICTION. Waiver of Jury Trial. THE BORROWERS WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING RELATING TO THIS REVOLVING CREDIT NOTE, THE SECURITY DOCUMENTS OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH AGREEMENTS.
Appears in 1 contract
Confession of Judgment. a. THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF AUTHORITY FOR ANY ATTORNEY TO CONFESS JUDGMENT AGAINST THE BORROWER. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE BORROWER, THE BORROWER, FOLLOWING CONSULTATION WITH (OR DECISION NOT TO CONSULT) SEPARATE COUNSEL FOR THE BORROWER AND WITH KNOWLEDGE OF THE LEGAL EFFECT HEREOF, HEREBY KNOWINGLY, INTENTIONALLY, VOLUNTARILY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE 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 BORROWER THAT THE BANK HAS RELIED ON THIS WARRANT OF ATTORNEY IN RECEIVING THIS AGREEMENT AND AS AN INDUCEMENT TO GRANT FINANCIAL ACCOMMODATIONS CONTAINED HEREIN.
b. Upon and following the occurrence of a default under this AGREEMENT, or any an Event of the LOAN DOCUMENTS as modified by this AGREEMENTDefault, the OBLIGORS irrevocably authorize Borrower hereby jointly and empower severally authorizes and empowers any attorney admitted to practice before of any court of record in or the United States to appear on behalf of the OBLIGORS in any such court, in one prothonotary or more proceedings, before any court thereof, and to confess judgment against the OBLIGORS, jointly and severally, without prior notice or opportunity for prior hearing, in favor of the LENDER, for the full amount of the outstanding indebtedness owed under the LOAN DOCUMENTS, plus attorneys' fees equal to 10% of said sum, plus court costs. Solely with respect to the attorneys' fees provision, the LENDER agrees that, although the LENDER is entitled to a judgment herein which includes 10% of the outstanding balance owed under the LOAN DOCUMENTS for attorneys' fees, the LENDER shall only collect the actual attorneys' fees, costs and expenses, incurred by the LENDER in this matter. This does not effect the LENDER'S right to obtain a judgment for and collect all outstanding principal, interest and late charges owed under the LOAN DOCUMENTS. In addition to all other courts, jurisdictions or venues which would be proper, the OBLIGORS consent to the jurisdiction and venue of the courts clerk of any county of in the Commonwealth of Pennsylvania, or in any jurisdiction where permitted by law or the clerk of the any United States District Courts Court, to appear for the Commonwealth Borrower or any of Pennsylvania for the entry of said judgment(s). The OBLIGORS waive and release all errors, defects, and imperfection whatsoever them in the entering of said judgment(s) and hereby agree that no writ of error or objection or motion to rule to open or strike said judgment(s) or appeal shall be made or taken thereto. The OBLIGORS waive the benefit of any and every statute, ordinance or rule of court all actions which may be lawfully waived conferring upon brought hereunder and enter and confess judgment against the OBLIGORS Borrower or any right of them in favor of the Bank for such sums as are due or privilege may become due hereunder or under any other Loan Document, together with costs of exemption suit and actual collection costs including, but not limited to any homestead exemptionwithout limitation, reasonable attorneys' fees, with or without declaration, without prior notice, without stay of execution and with release of all procedural errors and the right to issue executions forthwith. To the extent permitted by law, the Borrower waives the right of inquisition on any real estate levied on, voluntarily condemns the same, authorizes the prothonotary or supplementary proceedings or other clerk to enter upon the writ of execution this voluntary condemnation and agrees that such real estate may be sold on a writ of execution; and also waives any relief from the enforcement any appraisement, stay or immediate enforcement exemption law of any state now in force or hereafter enacted. If a copy of this Agreement verified by affidavit of any officer of the judgment Bank shall have been filed in such action, it shall not be necessary to file the original thereof as a warrant of attorney, any practice or related proceedings on a judgmentusage to the contrary notwithstanding. The authority and power herein granted to appear for and enter judgment(s) against the OBLIGORS, pursuant to the authority granted herein confess judgment shall not be exhausted by any single exercise thereof, but shall continue and may be exercised from time to time as often as the Bank shall find it necessary and desirable and at all times until full payment of all amounts due hereunder and under the other Loan Documents. The Bank may confess one or more exercises thereof, or by any imperfection or exercise thereof and shall not be extinguished by any judgment(s) entered pursuant thereto; such authority and power may be exercised on one or more occasions from time to time, judgments in the same or different jurisdictionsjurisdictions for all or any part of the obligations arising hereunder or under any other Loan Document, without regard to whether judgment has theretofore been confessed on more than one occasion for the same obligations. In the event that any judgment confessed against the Borrower is stricken or opened upon application by or on behalf of the Borrower or any Obligor for any reason, the Bank is hereby authorized and empowered to again appear for and confess judgment against the Borrower for any part or all of the obligations due and owing under this Agreement, as often as the LENDER may deem necessary or advisableherein provided.
Appears in 1 contract
Sources: Term Loan Agreement (Eastern Environmental Services Inc)
Confession of Judgment. Upon the occurrence (a) If an Event of a default under this AGREEMENT, or any Default occurs relating to Tenant's non-payment of the LOAN DOCUMENTS as modified by this AGREEMENTRent due under the Lease, the OBLIGORS irrevocably authorize and empower Tenant hereby authorizes any attorney admitted to practice before of any court of record in of the United States Commonwealth of Pennsylvania to appear on behalf of the OBLIGORS in any such court, in one or more proceedings, before any court thereof, for Tenant and to confess judgment against the OBLIGORSTenant, jointly and severally, without prior notice or opportunity for prior hearing, in favor of the LENDERLandlord, for the full amount of the outstanding indebtedness owed under the LOAN DOCUMENTS, all Rent due plus attorneys' fees costs and an attorney's collection commission equal to the greater of 10% of said sumall Rent or $1,000, plus court costs. Solely with respect to for which the attorneys' fees provision, the LENDER agrees that, although the LENDER is entitled to Lease or a judgment herein which includes 10% true and correct copy of the outstanding balance owed under the LOAN DOCUMENTS for attorneys' fees, the LENDER shall only collect the actual attorneys' fees, costs and expenses, incurred by the LENDER in this matter. This does not effect the LENDER'S right to obtain a judgment for and collect all outstanding principal, interest and late charges owed under the LOAN DOCUMENTS. In addition to all other courts, jurisdictions or venues which would be proper, the OBLIGORS consent to the jurisdiction and venue of the courts of any county of the Commonwealth of Pennsylvania, or any of the United States District Courts for the Commonwealth of Pennsylvania for the entry of said judgment(s). The OBLIGORS waive and release all errors, defects, and imperfection whatsoever in the entering of said judgment(s) and hereby agree that no writ of error or objection or motion to rule to open or strike said judgment(s) or appeal Lease shall be made or taken theretogood and sufficient warrant. The OBLIGORS waive the benefit of any and every statuteTENANT UNDERSTANDS THAT THE FOREGOING PERMITS LANDLORD TO ENTER A JUDGMENT AGAINST TENANT WITHOUT PRIOR NOTICE OR HEARING. ONCE SUCH A JUDGMENT HAS BEEN ENTERED AGAINST TENANT, ordinance or rule of court which may be lawfully waived conferring upon the OBLIGORS any right or privilege of exemption includingONE OR MORE WRITS OF EXECUTION OR WRITS OF GARNISHMENT MAY BE ISSUED THEREON WITHOUT FURTHER NOTICE TO TENANT AND WITHOUT A HEARING, but not limited to any homestead exemptionAND, stay of execution or supplementary proceedings or other relief from the enforcement or immediate enforcement of the judgment or related proceedings on a judgmentPURSUANT TO SUCH WRITS, LANDLORD MAY CAUSE THE SHERIFF OF THE COUNTY IN WHICH ANY PROPERTY OF TENANT IS LOCATED TO SEIZE TENANT'S PROPERTY BY LEVY OR ATTACHMENT. The IF THE JUDGMENT AGAINST TENANT REMAINS UNPAID AFTER SUCH LEVY OR ATTACHMENT, LANDLORD CAN CAUSE SUCH PROPERTY TO BE SOLD BY THE SHERIFF EXECUTING THE WRITS, OR, IF SUCH PROPERTY CONSISTS OF A DEBT OWED TO TENANT BY ANOTHER ENTITY, LANDLORD CAN CAUSE SUCH DEBT TO BE PAID DIRECTLY TO LANDLORD IN AN AMOUNT UP TO BUT NOT TO EXCEED THE AMOUNT OF THE JUDGMENT OBTAINED BY LANDLORD AGAINST TENANT, PLUS THE COSTS OF THE EXECUTION. Such authority and power to appear for and enter judgment(s) against the OBLIGORS, pursuant to the authority granted herein shall not be exhausted by one or more exercises exercise thereof, but judgment may be confessed as aforesaid from time to time as often as any of the Rent and other sums shall fall due or by any imperfection or exercise thereof be in arrears, and shall not be extinguished by any judgment(s) entered pursuant thereto; such authority and power powers may be exercised as well after the expiration of the Second Extension Term and during any extended or renewal term and after the expiration of any extended or renewal term of the Lease.
(b) When the Lease and the Second Extension Term or any extension thereof have been terminated on one account of any default by Tenant, or more occasions from time when the Second Extension Term or any extension thereof has expired, Tenant hereby authorizes any attorney of any court of record of the Commonwealth of Pennsylvania to timeappear for Tenant and for anyone claiming by, through or under Tenant and to confess judgment against all such parties, and in favor of Landlord, in ejectment and for the same recovery of possession of the New Premises, for which the Lease or different jurisdictions, as often as the LENDER may deem necessary or advisable.a true and correct copy of thereof shall be good and sufficient warrant. AFTER THE ENTRY OF ANY SUCH JUDGMENT A WRIT OF POSSESSION MAY BE
Appears in 1 contract
Confession of Judgment. Upon the occurrence of a default under this AGREEMENTan Event of Default, or any of the LOAN DOCUMENTS as modified by this AGREEMENT, the OBLIGORS irrevocably authorize Borrower hereby authorizes and empower empowers any attorney admitted to practice before any court of record in or attorneys or the United States to appear on behalf of the OBLIGORS in any such court, in one Prothonotary or more proceedings, before any court thereof, and to confess judgment against the OBLIGORS, jointly and severally, without prior notice or opportunity for prior hearing, in favor of the LENDER, for the full amount of the outstanding indebtedness owed under the LOAN DOCUMENTS, plus attorneys' fees equal to 10% of said sum, plus court costs. Solely with respect to the attorneys' fees provision, the LENDER agrees that, although the LENDER is entitled to a judgment herein which includes 10% of the outstanding balance owed under the LOAN DOCUMENTS for attorneys' fees, the LENDER shall only collect the actual attorneys' fees, costs and expenses, incurred by the LENDER in this matter. This does not effect the LENDER'S right to obtain a judgment for and collect all outstanding principal, interest and late charges owed under the LOAN DOCUMENTS. In addition to all other courts, jurisdictions or venues which would be proper, the OBLIGORS consent to the jurisdiction and venue of the courts Clerks of any county of Court in the Commonwealth of Pennsylvania, or elsewhere, to appear for Borrower in any such Court in an appropriate action there or elsewhere brought or to be brought against Borrower at the suit of Lender on the United States District Courts Note, with or without suit or declaration filed, as of any term or time there or elsewhere to be held, and therein to CONFESS OR ENTER JUDGMENT against Borrower for an amount equal to the Commonwealth obligations due hereunder, under the Mortgages, the Note and under the other Loan Documents (with or without acceleration of Pennsylvania for maturity), including all costs and reasonable attorneys' fees. Borrower expressly authorizes the entry of said judgment(s). The OBLIGORS waive and release all errors, defects, and imperfection whatsoever in the entering repeated judgments under this paragraph notwithstanding any prior entry of said judgment(s) and hereby agree that no writ of error or objection or motion to rule to open or strike said judgment(s) or appeal shall be made or taken thereto. The OBLIGORS waive the benefit of any and every statute, ordinance or rule of court which may be lawfully waived conferring upon the OBLIGORS any right or privilege of exemption including, but not limited to any homestead exemption, stay of execution or supplementary proceedings or other relief from the enforcement or immediate enforcement of the judgment or related proceedings on a judgment. The authority and power to appear for and enter judgment(s) against the OBLIGORS, pursuant to the authority granted herein shall not be exhausted by one or more exercises thereof, or by any imperfection or exercise thereof and shall not be extinguished by any judgment(s) entered pursuant thereto; such authority and power may be exercised on one or more occasions from time to time, in the same or different jurisdictionsany other court for the same obligation or part thereof. BORROWER ACKNOWLEDGES THAT IT HAS BEEN REPRESENTED BY COUNSEL IN CONNECTION WITH THE EXECUTION OF THIS AGREEMENT AND THAT IT UNDERSTANDS THIS PROVISION FOR CONFESSION OF JUDGMENT. BORROWER REPRESENTS TO LENDER THAT HOWARD GROSSMAN, as often as the LENDER may deem necessary or advisableESQ., OF THE LAW FIRM BALLARD SPAHR ANDREWS & INGER▇▇▇▇, ▇▇▇, ▇▇▇ EXPLAINED THE PROVISIONS ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇F JUDGMENT TO BORROWER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BORROWER WAIVES ANY RIGHT TO NOTICE OR A HEARING WHICH IT MIGHT OTHERWISE HAVE BEFORE ENTRY OF JUDGMENT.
Appears in 1 contract
Confession of Judgment. Upon the occurrence THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE BORROWER. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE BORROWER, THE BORROWER HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND, ON THE ADVICE OF SEPARATE COUNSEL OR THE BORROWER, UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE BORROWER HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. As further security for payment hereunder and upon an event of a default under this AGREEMENTdefault, or any of the LOAN DOCUMENTS as modified by this AGREEMENT, the OBLIGORS irrevocably authorize Borrower authorizes and empower empowers any attorney admitted to practice before of any court of record in the United States of Pennsylvania or elsewhere to appear for and CONFESS JUDGMENT against it and immediately execute on behalf of the OBLIGORS in any such court, in one or more proceedings, before any court thereof, and to confess judgment against the OBLIGORS, jointly and severallyjudgment, without prior notice or opportunity for prior hearing, in favor of the LENDERsuch immediate execution, for the full then unpaid principal amount and interest of the outstanding indebtedness owed under the LOAN DOCUMENTSthis Note, plus attorneys' fees equal to 10% together with late charges, costs of said sum, plus court costs. Solely with respect to the attorneys' fees provision, the LENDER agrees that, although the LENDER is entitled to a judgment herein which includes 10% of the outstanding balance owed under the LOAN DOCUMENTS for suit and reasonable attorneys' fees, the LENDER with or without declaration or stay of execution, and with release of errors, for which this Note or a copy hereof shall only collect the actual attorneys' fees, costs and expenses, incurred by the LENDER in this matterserve as a sufficient warrant. This does not effect the LENDER'S right to obtain a judgment for and collect all outstanding principal, interest and late charges owed under the LOAN DOCUMENTS. In addition to all other courts, jurisdictions or venues which would be proper, the OBLIGORS consent to the jurisdiction and venue of the courts of any county of the Commonwealth of Pennsylvania, or any of the United States District Courts for the Commonwealth of Pennsylvania for the entry of said judgment(s). The OBLIGORS waive and release all errors, defects, and imperfection whatsoever in the entering of said judgment(s) and hereby agree that no writ of error or objection or motion to rule to open or strike said judgment(s) or appeal shall be made or taken thereto. The OBLIGORS waive the benefit of any and every statute, ordinance or rule of court which may be lawfully waived conferring upon the OBLIGORS any right or privilege of exemption including, but not limited to any homestead exemption, stay of execution or supplementary proceedings or other relief from the enforcement or immediate enforcement of the judgment or related proceedings on a judgment. The authority and power to appear for and enter judgment(s) CONFESS JUDGMENT against the OBLIGORS, pursuant to the authority granted herein Borrower shall not be exhausted by one or more exercises thereof, or by any imperfection or exercise thereof ▇▇▇ ▇▇▇▇cise of the power and shall not be extinguished by any judgment(s) entered pursuant thereto; such authority and power may be exercised on one or more occasions continue from time to time, in the same or different jurisdictions, as often as the LENDER may deem necessary or advisabletime and at all times until full payment of all amounts due under this Note.
Appears in 1 contract
Sources: Convertible Note (Emcon)