Common use of Warrant of Attorney Clause in Contracts

Warrant of Attorney. As set forth in Section 17 of the Term Loan Note, Borrower hereby irrevocably authorizes and empowers any attorney-at law, including an attorney hired by ▇▇▇▇▇▇, to appear in any court of record, after the obligations become due, and to confess judgment against Borrower for the unpaid amount due and owing on this Term Loan Note as evidenced by an affidavit signed by an officer of Lender setting forth the amount then due, attorneys’ fees plus costs of suit, and to release all errors, and waive all rights of appeal. If a copy of this Term Loan Note, verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Borrower hereby waives the right to any injunction which would prevent ▇▇▇▇▇▇ from taking judgment under this Term Loan Note by confession, and any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender may elect until all amounts owing on this Term Loan Note have been paid in full. ▇▇▇▇▇▇▇▇ waives any conflict of interest that an attorney hired by ▇▇▇▇▇▇ may have in acting on behalf of ▇▇▇▇▇▇▇▇ in confessing judgment against ▇▇▇▇▇▇▇▇ while such attorney is retained by ▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ expressly consents to such attorney acting for ▇▇▇▇▇▇▇▇ in confessing judgment.

Warrant of Attorney. As set forth in Section 17 25 of the Loan Agreement, and consistent with the terms of the Term Loan Note, Borrower hereby irrevocably authorizes and empowers any attorney-at at-law, including an attorney hired by ▇▇▇▇▇▇, to appear in any court of record, after the obligations become due, and to confess judgment against Borrower for the unpaid amount due and owing on this the Term Loan Note as evidenced by an affidavit signed by an officer of Lender setting forth the amount then due, attorneys’ fees plus costs of suit, and to release all errors, and waive all rights of appeal. If a copy of this Amendment and the Term Loan Note, verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Borrower hereby waives the right to any injunction which would prevent ▇▇▇▇▇▇ from taking judgment under this Amendment and/or under the Term Loan Note by confession, and any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender may elect until all amounts owing on this Amendment and/or under the Term Loan Note have been paid in full. ▇▇▇▇▇▇▇▇ waives any conflict of interest that an attorney hired by ▇▇▇▇▇▇ may have in acting on behalf of ▇▇▇▇▇▇▇▇ in confessing judgment against ▇▇▇▇▇▇▇▇ while such attorney is retained by ▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ expressly consents to such attorney acting for ▇▇▇▇▇▇▇▇ in confessing judgment.

Warrant of Attorney. As set forth in Section 17 of the Term Loan Note, Borrower hereby irrevocably authorizes and empowers any attorney-attorney at law, including an attorney hired by ▇▇▇▇▇▇, law to appear in 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 obligations become 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 for the unpaid amount due and owing on this Term Loan Note as evidenced by an affidavit signed by an officer in favor of Lender setting forth for the amount then appearing due, attorneys’ fees plus together with costs of suit, and thereupon to release all errors, errors and waive all rights of appealappeal and stay of execution. If a copy The foregoing warrant of this Term Loan Noteattorney shall survive the judgment; should any judgment be vacated for any reason, verified by an affidavit, shall have been filed in the proceeding, it will not foregoing warrant of attorney nevertheless may thereafter be necessary utilized for obtaining additional judgment or judgments. Borrower agrees that the Lender's attorney may confess judgment pursuant to file the original as a foregoing warrant of attorney. Borrower hereby waives further agrees that the right attorney confessing judgment pursuant to any injunction which would prevent ▇▇▇▇▇▇ from taking judgment under this Term Loan Note by confession, and any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust of attorney may receive a legal fee or other compensation from the powerLender. "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, whether or not any such exercise shall be held by any court to be invalidFAULTY GOODS, voidableFAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, or void; but the power will continue undiminished and may be exercised from time to time as Lender may elect until all amounts owing on this Term Loan Note have been paid in full. ▇▇▇▇▇▇▇▇ waives any conflict of interest that an attorney hired by ▇▇▇▇▇▇ may have in acting on behalf of ▇▇▇▇▇▇▇▇ in confessing judgment against ▇▇▇▇▇▇▇▇ while such attorney is retained by ▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ expressly consents to such attorney acting for ▇▇▇▇▇▇▇▇ in confessing judgmentOR ANY OTHER CAUSE."

Warrant of Attorney. As set forth in Section 17 of the Term Loan Note, Borrower hereby irrevocably The Guarantor authorizes and empowers any attorney-attorney at law, including an attorney hired by ▇▇▇▇▇▇, law at any time or times to appear in any state or federal court of record, record in the United States of America after the obligations Debt or any part thereof shall have become due and payable (whether the payment becomes due by lapse of time or by acceleration of maturity or otherwise) and in each case to waive the issuance and service of process, to admit the maturity of the Debt and the nonpayment thereof when due, to present each evidence of the Debt in question or any part thereof to the court and to certify the amount of the Debt then owing thereon, to confess judgment against Borrower the Guarantor in favor of the Agents and/or the Banks for the unpaid amount due and owing on this Term Loan Note as evidenced by an affidavit signed by an officer of Lender setting forth the amount Debt then appearing due, attorneys’ fees plus together with interest and costs of suit, and thereupon to release all errors, errors and waive all rights of appealappeal and stay of execution. If a copy The foregoing warrant of this Term Loan Noteattorney shall survive any judgment, verified by an affidavit, shall have been filed and should any judgment be vacated for any reason the Agent and/or the Banks may nevertheless utilize the foregoing warrant of attorney in thereafter obtaining additional judgment or judgments against the Guarantor. The Guarantor expressly authorizes any attorneys for the Agent and/or the Banks to receive compensation from the Agent and/or the Banks for services rendered in exercising the foregoing warrant of attorney and in the proceedingenforcement of any judgment obtained against the Guarantor in favor of the Agent and/or the Banks on this Guaranty, it will not and the Guarantor expressly waives any conflict of interest to which any attorneys for the Agent and/or the Banks may be necessary to file subject that may arise in connection with such attorneys exercising any of the original as a warrant rights and/or powers of attorneythe Agent and/or the Banks provided for herein or the enforcement of any judgment hereon in favor of the Agent and/or the Banks. Borrower hereby waives the right to any injunction which would prevent ▇▇"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." Address: FOREST CITY ENTERPRISES, INC. ▇▇▇▇ from taking judgment under this Term Loan Note by confession, and any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender may elect until all amounts owing on this Term Loan Note have been paid in full. ▇▇▇▇▇▇▇▇ waives any conflict of interest that an attorney hired by ▇▇▇▇▇▇ may have in acting on behalf of ▇▇▇▇▇▇▇▇ in confessing judgment against ▇▇, ▇▇▇▇ ▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇ while such attorney is retained by ▇. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ expressly consents , Senior Vice President, Chief Financial Officer and Secretary EXHIBIT A Forest City Enterprises, Inc. Loan Covenants at January 31, 1999 (in thousands) The Third Amendment to the FCE Guaranty of Payment of Debt, Section 9.15 states the Guarantor will not permit at any time, the Consolidated GAAP Shareholders' Equity to be less than (a) on the Closing Date, Two Hundred Fifty Million Dollars ($250,000,000), (b) on each Fiscal Quarterly Date thereafter (other than the January 31 fiscal Quarter Date), the sum of (i)(A) during the first year following the Closing Date, Two Hundred Fifty Million Dollars ($250,000,000), and (B) at all times thereafter, the computed minimum Consolidated GAAP Shareholders' Equity for the immediately preceding January 31 Fiscal Quarterly Date as calculated pursuant to subsection (c) below, plus (ii) one hundred percent (100%) of the cash proceeds from any sale or issuance of equity, plus (iii) twenty-five percent (25%) of the Guarantor's Consolidated GAAP Net Income for the year-to-date period ended on such attorney acting Fiscal Quarterly Date and (c) on each January 31 Fiscal quarterly Date after the Closing Date, the sum of (i)(X) for ▇▇▇▇▇▇▇▇ in confessing judgmentthe first January 31 Fiscal Quarterly Date following the Closing Date, Two Hundred Fifty Million Dollars ($250,000,000), and (Y) for each January 31 Fiscal Quarterly Date thereafter, the computed minimum Consolidated GAAP Shareholders' Equity for the immediately preceding January 31 Fiscal quarterly Date, plus (ii) on hundred percent (100%) of the cash proceeds from any sale or issuance of equity, plus (iii) fifty percent (50%) of the Guarantor's Consolidated GAAP Net Income for the fiscal year just ended. In addition to the foregoing, on January 31, 1999 and at all times thereafter, the base Consolidated GAAP Shareholders' Equity shall increase from Two Hundred Fifty Million Dollars ($250,000,000) to Two Hundred Sixty Five Million Dollars ($265,000,000). (i) Base amount $265,000 (ii) 100% of cash proceeds from any sale or issuance of equity (none) (iii) Consolidated Net Earnings: