Free Affidavit - District Court of Delaware - Delaware

Case 1:04-cv-01339-SLR

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SUPREME COURT OF THE STATE .OF NEW YORK COUNTY OF NEW YORK ALH HOLDINGS LLC, Plaintiff, . against" AFFIDAVIT OF CONFESSION OF JUDGMENT

:IONATHAN ZICH,

Defendant,

¯

STATE OF NEW YORK )
:SS.:

COUNTY OF NEW YORK ) :JONATHAN ZICH being.duly swom, .deposes and says: I. I reside at 180 RiversideDrive, New York, New York 10024. I

hereby consent to.jurisdiction and venue, and .authorize.entry of judgment against me in the Supreme Court of the State of New York, New York County, New York¯ 2. I hereby confess judgment pursuant to CPLR 3218 in favor of ALH

Holdings LLC ("Plaintiff") in the amount of $1,900,000, plus interest and other costs and expenses and authorize Plaintiff, or Plaintiff's heirs, representatives, assigns and successors in interest, to enter judgment in that amount against me only under the circumstances described below.

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3.

This confession :of judgment is for.a debt justly due to.Plaintiff

pursuant to a certain Operating Agreement, Management Agreement and Promissory :Note, complete and accurate copies of which are :appended hereto as Exhibits A, B and C, respectively. The Management Agreement .andPromissory Note provide that I am liable, jointly and .severally with certain other persons, to the Plaintiff in the amount of $1,900,000 plus interest on $1,400,000 thereof at .the rate of 15% (and :subject to adjustment.as set forth in the Promissory Note) from the date of the Management Agreement.and other costs and expenses set forth in the Promissory Note. I executed the Management Agreement and the PromissoryNote as of July 1, 2001. I am therefore indebted to the Plaintiff in the amount of $1,900,000 plus interest and other costs and expenses. 4. As of the date hereof, no portion of this obligation has been paid.

Judgment may be entered against me for the full amount, or for such amount as remains .due and owing on the date this Affidavit of Confession of Judgment is filed with the Court. In the event of any shortfall between amounts owing pursuant to the Promissory. Note and amounts colle.eted pursuantto this Affidavit of Confession of Judgment, I agree that .nothing shall preclude Plaintiff from collecting such further amounts as may be owing pursuant :to the Promissory Note and related documents. 5. This confession of judgment.is not for the propose of securing

Plaintiff against a contingent liability, and is not an installment .loan within the meaning of CPLR 3201,

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6.

I.have had legal advice by counsel of my own choosing in

connection with this confessiOn of judgment. There are no other agreements or understandings .whieh in any way limit, condition or alter my obligations .hereunder, I understand, have considered and agree to each of the provisions hereof, and I am signing this Affidavit of Confession of Judgment without any coercion, force, pressure, or undue influence.

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JCNATHAN ZICH

STATE OF ~)¢~..,~ ~)~,r:.~,~ )

~o~ o~ ~%~-)

SS.:

On .~ Z ~2001, before me, Jonathan Zich, personally ,appeared and acknowledged to me that he executed the attached Affidavit of Confession of Judgment.

Notary Public or other Office~s Stamp or Title

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ALH HOLDINGS LLC, Plaintiff, - aga'mst .: X :

¯ AFFIDAVIT OF CONFESSION OF JUDGMENT

JOHN D. HOURIHAN,

.:

Defendant.

¯

STATE ~OF NEW YORK

)
SS.:

COUNTY OF NEW YORK ) JOHN D. HOURIHAN being duly sworn, deposes and says:: 1. I reside at 15 East Green Cay, Christiansted,St. Croix, USVL I hereby consent to jurisdiction and venue, and authorize entry of judgment.against me in the Supreme Court of the State of New York, New York County, New York. 2. I hereby confess judgment pursuant to CPLR.3218 in fax~or of ALH

Holdings LLC ("Plaintiff") in the amount of $1,900,000, plus interest and other costs and expenses and authorize Plaintiff, or Plaintiff's heirs, representatives, assigns and successors in interest, to enter judgment in that mount against me only under the circumstances described below.

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3.

This confession of judgment :is for a debt justly due to Plaintiff

pursuant to a certain Operating Agreement, Management Agreement and Promissory Note, complete and accurate copies of which are appended hereto as Exhibits A, B and C, respectively. The Management Agreement and.Promissory Note provide that I am liable, jointly and :severally with certain .other persons, to the Plaintiff in the amount of $1,900,000 plus interest on $1,400,000 thereof at the rate of 15% (and subject to adjustment as set forth in the Promissory Note) from the date of the Management Agreement and other.costs and expenses set forth in the Promissory Note. I executed the Management Agreement :and the Promissory Note as of July 1, .2001. I am therefore indebted to the Plaintiff in the amount of $1,900,000 plus :interest and other costs and expenses. ¯ 4. As ofthe date hereof, no.portion of this obligation has been paid.

Judgment may be entered against me for the full amount, or for such amount as remains due and owing-on the date this Affidavit of Confession of Judgment is filed with the Court, In the event of any shortfall between amounts owing pursuant to the Promissory Note and amounts colle.eted pursuant to .this Affidavit of Confession of Judgment, I agree that nothing shall preclude Plaintiff from collecting such further amounts as may be owing pursuant to the Promissory Note and related documents. 5. This confession of judgment is not for the purpose of securing

Plaintiff against a contingent liability, and is not an installment loan within the meaning of CPLR 3201..

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¯ 6.

Ihave had legal advice by counsel of my own choosing in

.connection with this confession of judgment. There are no other agreements or :understandings which in any way limit, condition or alter my obligations hereunder. I understand, have considered and agree to each of the.provisions hereof, and I am :signing this Affidavit of Confession of Judgment without any coercion, force, pressure, or undue influence.

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S$.:

.On q ~"?-~ 2001, .before me, John D. Hourihan,..personally appeared and acknowledged to me that he executed the attached Affidavit of Confession of Judgment.

Sign ature of Not~try

Notary Public or other Officer's Stamp or Title

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