Common use of Warrant of Attorney Clause in Contracts

Warrant of Attorney. Borrower authorizes any attorney at law to appear before any court of record, state or federal, in the United States of America (other than any court in which utilization of this warrant of attorney would be contrary to law) after the Promissory Note, as amended hereby, becomes due, whether by lapse of time or by acceleration of maturity, to waive the issuance and service of process, to admit the maturity and nonpayment of the indebtedness evidenced by the Promissory Note, as amended hereby, to confess judgment against Borrower in favor of Lender for the amount then appearing due, together with costs of suit, and thereupon to release all errors and waive all rights of appeal and stay of execution. The foregoing warrant of attorney shall survive the judgment; should any judgment be vacated for any reason, the foregoing warrant of attorney nevertheless may thereafter be utilized for obtaining additional judgment or judgments. Borrower agrees that the Lender's attorney may confess judgment pursuant to the foregoing warrant of attorney. Borrower further agrees that the attorney confessing judgment pursuant to the foregoing warrant of attorney may receive a legal fee or other compensation from the Lender. "WARNING--BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE." LENDER: BORROWER: KEYBANK NATIONAL ASSOCIATION By: /s/ ▇▇▇▇ Risseler, ▇.▇. ▇▇▇▇▇▇ SOFTWARE, INC ----------------------------- Authorized Officer By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ---------------------------------- ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ CFO SECOND AMENDMENT TO BUSINESS LOAN AGREEMENT (the "Amendment")

Appears in 1 contract

Sources: Business Loan Agreement (Hyland Software Inc)

Warrant of Attorney. Borrower authorizes any attorney at law of record to appear before for it in any court of record, state or federal, record in the United States State of America (other than any court in which utilization Ohio, after maturity of this warrant of attorney would be contrary to law) after the Promissory Note, as amended hereby, becomes due, whether by lapse of time its terms or by upon default, acceleration of maturityor otherwise, to waive the issuance and service of process, to admit the maturity and nonpayment of the indebtedness evidenced by the Promissory Noterelease all errors, as amended hereby, and to confess judgment against Borrower it in favor of Lender for the amount then appearing due, principal sum due herein together with interest, charges, court costs and attorneys' fees. Stay of suitexecution and all exemptions are hereby waived. If this Note or any Obligation is referred to an attorney for collection, and thereupon to release all errors and waive all rights the payment is obtained without the entry of appeal and stay of execution. The foregoing warrant of attorney shall survive the a judgment; should any judgment be vacated for any reason, the foregoing warrant of attorney nevertheless may thereafter be utilized for obtaining additional judgment or judgments. Borrower agrees that the Lender's attorney may confess judgment pursuant obligors shall pay to the foregoing warrant holder of attorneysuch obligations its attorneys' fees. Borrower further agrees that the attorney confessing judgment pursuant to the foregoing warrant of attorney may receive a legal fee or other compensation from the LenderEACH OF BORROWER AND ANY ENDORSER OR ANY GUARANTOR AGREES THAT AN ATTORNEY WHO IS COUNSEL TO LENDER OR ANY OTHER HOLDER OF SUCH OBLIGATION MAY ALSO ACT AS ATTORNEY OF RECORD FOR BORROWER WHEN TAKING THE ACTIONS DESCRIBED ABOVE IN THIS PARAGRAPH. "WARNING--BORROWER AGREES THAT ANY ATTORNEY TAKING SUCH ACTIONS MAY BE PAID FOR THOSE SERVICES BY LENDER OR HOLDER OF SUCH OBLIGATION. BORROWER WAIVES ANY CONFLICT OF INTEREST THAT MAY BE CREATED BECAUSE THE ATTORNEY REPRESENTING THE BORROWER IS BEING PAID BY LENDER OR THE HOLDER OF SUCH OBLIGATION. PROMISSORY-NOTE (C) Fifth Third Bancorp 2001M(7/04) 33118-10-2-▇.▇▇▇▇ 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." LENDER: . BORROWER: KEYBANK NATIONAL ASSOCIATION Lanvision, Inc., an Ohio corporation By: /s/ ▇▇▇▇ Risseler, ▇.▇. ▇▇▇▇▇▇ SOFTWARE, INC ----------------------------- :_________________________________________ (Authorized Officer By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ---------------------------------- ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ CFO SECOND AMENDMENT TO BUSINESS LOAN AGREEMENT (the "Amendment"Signer)

Appears in 1 contract

Sources: Term Note (Lanvision Systems Inc)

Warrant of Attorney. Borrower authorizes any attorney at law to appear before any court of recordBORROWER HEREBY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT TO APPEAR FOR AND CONFESS JUDGMENT AGAINST BORROWER FOR SUCH SUMS AS SHALL HAVE BECOME DUE UNDER THE DEMAND NOTE OR THIS LOAN AGREEMENT, state or federalIN EITHER CASE WITH OR WITHOUT DECLARATION, in the United States of America WITH COSTS OF SUIT, WITHOUT STAY OF EXECUTION AND WITH THE GREATER OF FIVE PERCENT (other than any court in which utilization of this warrant of attorney would be contrary to law5%) after the Promissory NoteOF SUCH SUMS OR $3,000 ADDED AS A REASONABLE ATTORNEY'S FEE FOR COLLECTION. BORROWER HEREBY WAIVES THE RIGHT OF INQUISITION ON ANY REAL ESTATE LEVIED ON, as amended herebyVOLUNTARILY CONDEMNS THE SAME, becomes dueAUTHORIZES THE PROTHONOTARY OR CLERK TO ENTER UPON THE WRIT OF EXECUTION SAID VOLUNTARY CONDEMNATION AND AGREES THAT SAID REAL ESTATE MAY BE SOLD ON A WRIT OF EXECUTION; AND ALSO WAIVES AND RELEASES ALL RELIEF FROM ANY AND ALL APPRAISEMENT, whether by lapse of time or by acceleration of maturity, to waive the issuance and service of process, to admit the maturity and nonpayment of the indebtedness evidenced by the Promissory Note, as amended hereby, to confess judgment against Borrower in favor of Lender for the amount then appearing due, together with costs of suit, and thereupon to release all errors and waive all rights of appeal and stay of executionSTAY OR EXEMPTION LAW OF ANY STATE NOW IN FORCE OR HEREAFTER ENACTED. The foregoing warrant of attorney shall survive the judgment; should any judgment be vacated for any reason, the foregoing warrant of attorney nevertheless may thereafter be utilized for obtaining additional judgment or judgments. Borrower agrees that the Lender's attorney may confess judgment pursuant to the foregoing warrant of attorney. Borrower further agrees that the attorney confessing judgment pursuant to the foregoing warrant of attorney may receive a legal fee or other compensation from the Lender. "WARNING--BY SIGNING THIS PAPER YOU GIVE UP YOUR BORROWER ALSO HEREBY WAIVES ITS RIGHT TO NOTICE OBJECT TO AND COURT TRIALRELEASES ALL PROCEDURAL ERRORS IN SUCH PROCEEDINGS. IF YOU DO A COPY OF THIS AGREEMENT, VERIFIED BY AFFIDAVIT LENDER OR SOMEONE ON BEHALF OF LENDER, SHALL HAVE BEEN FILED IN SUCH ACTION, IT SHALL NOT PAY ON TIME BE NECESSARY TO FILE THE ORIGINAL AGREEMENT AS A COURT WARRANT OF ATTORNEY. THE AUTHORITY AND POWER TO APPEAR FOR AND ENTER JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY THE INITIAL EXERCISE THEREOF, AND THE SAME MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE EXERCISED FROM TIME TO TIME AND THE POWERS OF AS OFTEN AS LENDER SHALL DEEM NECESSARY OR DESIRABLE AND THIS AGREEMENT SHALL BE 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 CAUSESUFFICIENT WARRANT." LENDER: BORROWER: KEYBANK NATIONAL ASSOCIATION By: /s/ ▇▇▇▇ Risseler, ▇.▇. ▇▇▇▇▇▇ SOFTWARE, INC ----------------------------- Authorized Officer By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ---------------------------------- ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ CFO SECOND AMENDMENT TO BUSINESS LOAN AGREEMENT (the "Amendment")

Appears in 1 contract

Sources: Loan Agreement (Diplomat Ambassador Inc)

Warrant of Attorney. Borrower authorizes The Borrower, jointly and severally, authorize any attorney at attorney-at-law to appear before in any court of record, state or federal, in the United States of America (other than any court in which utilization record after maturity of this warrant of attorney would be contrary to law) after the Promissory Note, as amended hereby, becomes duenote, whether by lapse of time acceleration or by acceleration of maturityotherwise, to waive the issuance and service of process, to admit the maturity process and nonpayment of the indebtedness evidenced by the Promissory Note, as amended hereby, to confess judgment against Borrower them in favor of the Lender for the amount then appearing due, principal sum due herein together with interest, charges, court costs of suitand attorney's fees, and thereupon to waive and release all errors and waive all errors, rights of appeal appeal, exemptions and stay stays of execution. The foregoing warrant of attorney shall survive the judgment; should any judgment be vacated for any reason, the foregoing warrant of attorney nevertheless may thereafter be utilized for obtaining additional judgment or judgments. Borrower agrees that the Lender's attorney may confess judgment pursuant to the foregoing warrant of attorney. Borrower further also agrees that the attorney confessing judgment pursuant to acting for the foregoing Borrower as set forth in this paragraph may be compensated by Lender for such services, and the Borrower waives any conflict of interest caused by such representation and compensation arrangement. This warrant of attorney may receive a legal fee or other compensation from to confess judgment shall be construed under the Lenderlaws of the State of Ohio. "WARNING--BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE." LENDER: BORROWER: KEYBANK NATIONAL ASSOCIATION By: /s/ ▇. DATE DUE January 2, 2003 PEOPLES BANCORP INC. --------------------------- ADDRESS ▇▇▇ Risseler, ▇.▇. ▇▇▇▇▇▇ SOFTWARE, INC ----------------------------- Authorized Officer By: /s/ ▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇ ---------------------------------- --------------------------- -------------------------- ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ --------------------------- Its: Chief Financial Officer -------------------------- Accepted and agreed this 7th day of January, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ FUNDING CORP. ▇▇▇▇▇▇ CFO SECOND AMENDMENT By: ----------------------------------------- Its: ----------------------------------------- ADDENDUM TO BUSINESS LOAN AGREEMENT $3,000,000 UNCOMMITTED NOTE FROM PEOPLES BANCORP, INC. TO FOUNTAIN SQUARE COMMERCIAL FUNDING CORP. THIS ADDENDUM is intended to be attached to, and the provisions hereof are hereby incorporated into that certain Uncommitted Note, dated March 18, 1997, in the principal amount of $3,000,000 (the "AmendmentNote"), executed by PEOPLES BANCORP INC., an Ohio corporation (the "Borrower") and made payable to FOUNTAIN SQUARE COMMERCIAL FUNDING CORP., a Delaware corporation (the "Lender"). The Borrower and the Lender agree that the terms of the note shall be amended and supplemented by the following:

Appears in 1 contract

Sources: Pledge Agreement (Peoples Bancorp Inc)

Warrant of Attorney. Borrower authorizes any attorney at law to appear before any court of recordBORROWER HEREBY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT TO APPEAR FOR AND CONFESS JUDGMENT AGAINST BORROWER WITHOUT PRIOR NOTICE TO BORROWER OR PRIOR OPPORTUNITY TO BE HEARD: (A) IN ANY ACTION OR REPLEVIN INSTITUTED BY LENDERS TO OBTAIN POSSESSION OF ANY COLLATERAL SECURITY FOR THE OBLIGATIONS; OR (B) FOR SUCH SUMS AS SHALL HAVE BECOME DUE UNDER THIS AGREEMENT OR ANY REVOLVING LOAN NOTE AND ALL OTHER OBLIGATIONS OF BORROWER TO LENDERS; IN EITHER CASE WITH OR WITHOUT DECLARATION, state or federalWITH COSTS OF SUIT AND RELEASE OF ERROR, in the United States of America WITHOUT STAY OF EXECUTION AND WITH FIVE PERCENT (other than any court in which utilization of this warrant of attorney would be contrary to law5%) after the Promissory NoteADDED FOR COLLECTION FEES, as amended herebyBUT IN ANY EVENT NOT LESS THAN FIVE THOUSAND ($5,000.00) DOLLARS; AND ALSO WAIVES THE RIGHT OF INQUISITION ON ANY REAL ESTATE LEVIED UPON, becomes dueVOLUNTARILY CONDEMNS THE SAME, whether by lapse of time or by acceleration of maturityAUTHORIZES THE PROTHONOTARY OR CLERK TO ENTER UPON THE WRIT OF EXECUTION SAID VOLUNTARY CONDEMNATION AND AGREES THAT SAID REAL ESTATE MAY BE SOLD ON A WRIT OF EXECUTION; AND ALSO WAIVES AND RELEASES ALL RELIEF FROM ANY AND ALL APPRAISEMENT, to waive the issuance and service of process, to admit the maturity and nonpayment of the indebtedness evidenced by the Promissory Note, as amended hereby, to confess judgment against Borrower in favor of Lender for the amount then appearing due, together with costs of suit, and thereupon to release all errors and waive all rights of appeal and stay of execution. The foregoing warrant of attorney shall survive the judgment; should any judgment be vacated for any reason, the foregoing warrant of attorney nevertheless may thereafter be utilized for obtaining additional judgment or judgments. Borrower agrees that the Lender's attorney may confess judgment pursuant to the foregoing warrant of attorney. Borrower further agrees that the attorney confessing judgment pursuant to the foregoing warrant of attorney may receive a legal fee or other compensation from the Lender. "WARNING--BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIALSTAY OR EXEMPTION LAW OF ANY STATE NOW IN FORCE OR HEREAFTER ENACTED. IF YOU DO A COPY OF THIS AGREEMENT, VERIFIED BY AFFIDAVIT OF LENDERS OR SOMEONE ON BEHALF OF LENDERS, SHALL HAVE BEEN FILED IN SUCH ACTION, IT SHALL NOT PAY ON TIME BE NECESSARY TO FILE THE ORIGINAL AGREEMENT AS A COURT WARRANT OF ATTORNEY. THE AUTHORITY AND POWER TO APPEAR FOR AND ENTER JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ONE OR MORE EXERCISES THEREOF, OR BY ANY IMPERFECT EXERCISE THEREOF, AND SHALL NOT BE EXTINGUISHED BY AND JUDGMENT ENTERED PURSUANT THERETO; THE AUTHORITY AND POWER MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND EXERCISED ON ONE OR MORE OCCASIONS, FROM TIME TO TIME, IN THE POWERS SAME OR DIFFERENT JURISDICTIONS, AS OFTEN AS LENDERS SHALL DEEM NECESSARY OR DESIRABLE, FOR ALL OF WHICH THIS AGREEMENT SHALL BE 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 CAUSESUFFICIENT WARRANT." LENDER: BORROWER: KEYBANK NATIONAL ASSOCIATION By: /s/ ▇▇▇▇ Risseler, ▇.▇. ▇▇▇▇▇▇ SOFTWARE, INC ----------------------------- Authorized Officer By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ---------------------------------- ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ CFO SECOND AMENDMENT TO BUSINESS LOAN AGREEMENT (the "Amendment")

Appears in 1 contract

Sources: Syndicated Loan Agreement (Piercing Pagoda Inc)

Warrant of Attorney. Borrower authorizes any attorney at law of record to appear before for it in any court of record, state or federal, record in the United States State of America (other than any court in which utilization Ohio, after maturity of this warrant of attorney would be contrary to law) after the Promissory Note, as amended hereby, becomes due, whether by lapse of time its terms or by upon default, acceleration of maturityor otherwise, to waive the issuance and service of process, to admit the maturity and nonpayment of the indebtedness evidenced by the Promissory Noterelease all errors, as amended hereby, and to confess judgment against Borrower it in favor of Lender for the amount then appearing due, principal sum due herein together with interest, charges, court costs and attorneys’ fees,. Stay of suitexecution and all exemptions are hereby waived. If this Note or any Obligation is referred to an attorney for collection, and thereupon to release all errors and waive all rights the payment is obtained without the entry of appeal and stay of execution. The foregoing warrant of attorney shall survive the a judgment; should any judgment be vacated for any reason, the foregoing warrant of attorney nevertheless may thereafter be utilized for obtaining additional judgment or judgments. Borrower agrees that the Lender's attorney may confess judgment pursuant obligors shall pay to the foregoing warrant holder of attorneysuch obligations its attorneys’ fees. Borrower further agrees that the attorney confessing judgment pursuant to the foregoing warrant BORROWER AGREES THAT AN ATTORNEY WHO IS COUNSEL TO LENDER OR ANY OTHER HOLDER OF SUCH OBLIGATION MAY ALSO ACT AS ATTORNEY OF RECORD FOR BORROWER WHEN TAKING THE ACTIONS DESCRIBED ABOVE IN THIS PARAGRAPH. BORROWER AGREES THAT ANY ATTORNEY TAKING SUCH ACTIONS MAY BE PAID FOR THOSE SERVICES BY LENDER OR HOLDER OF SUCH OBLIGATION. BORROWER WAIVES ANY CONFLICT OF INTEREST THAT MAY BE CREATED BECAUSE THE ATTORNEY REPRESENTING SUCH ATTORNEY IS BEING PAID BY LENDER OR THE HOLDER OF SUCH OBLIGATION. (Balance of attorney may receive a legal fee or other compensation from the Lender. "WARNING--Page Intentionally Omitted) 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." LENDER: BORROWER: KEYBANK NATIONAL ASSOCIATION . DENTAL CARE PLUS, INC. By: /s/ ▇▇▇▇ Risseler, ▇.▇. ▇▇▇▇▇▇ SOFTWARE, INC ----------------------------- Authorized Officer By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: President and Chief Executive Officer OPEN-END MORTGAGE AND SECURITY AGREEMENT (Maximum Amount Unpaid Principal Indebtedness $650,000) THIS OPEN-END MORTGAGE AND SECURITY AGREEMENT (the “Mortgage”) made as of the 18th day of December, 2008, by DENTAL CARE PLUS, INC., an Ohio corporation, located at ▇▇▇▇ ---------------------------------- ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇. ▇▇▇▇ (the “Mortgagor”), in favor of FIFTH THIRD BANK, an Ohio banking corporation located at ▇▇ ▇▇▇▇▇▇▇▇ CFO SECOND AMENDMENT TO BUSINESS LOAN AGREEMENT ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇, for itself and as agent for any affiliate of Fifth Third Bancorp (the "Amendment"“Mortgagee”).

Appears in 1 contract

Sources: Revolving Note and Open End Mortgage and Security Agreement