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tony hardware

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Posts posted by tony hardware

  2. Posted

    Florida team names that make sense and are cool:

    Gators

    Seminoles

    Heat

    Hurricanes

     

    Florida team names that make no sense and are gay:

    Lightning

    D-Rays

    Marlins

    Panthers

    Jaguars

    Magic

    Dolphins

     

    HTH

  4. Posted

    My playstation broke, warranty is expired on it. For many reasons, (including increased travel) I might go with the Sony PSP. I ONLY play Madden, baseball and hockey . . . I don't care about any other features on the system. How's this thing for playing sports games? How's the screen for viewing players in these games? How's the manueverability of players without a joystick?

     

    TIA - TH

  7. Posted

    They really DO choke every year, 5 of the last 6 years and no rings. That's worse than the Bills of the 90s. Now, if only the other perennial choke artist (Manning) can blow it in the AFC Championship, then the Marino comparisons will gain greater validity and Brady will still be considered the better leader (maybe not better quarterback, but better leader).

  10. Posted

    I don't think it's too aggressive, but I'd look for an appropriate spot to interject this. If they're not responsive to new ideas then their desire for someone with 'creative solutions' is bullsh1t and you probably wouldn't be interested in the job. I approach an interview just like I would approach the position. You're interviewing for the position you want. If they don't think you're a good fit, then why would you want the position?

     

    Finally, a response to my question and it only took 13 hours. Thanks for the input. I don't think I'm going to mention it unless they ask me for specifics. I may wait a few months to really put something together, get settled and then pitch it.

     

     

    :cheers:

  11. Posted

    Just saying to be careful. Also, they won't think it is unenforceable, since it is their doc, so they may try to enforce it.

     

    Do they have a key to your store? If so, can you legally change the locks?

     

    The landlord may think its enforceable, but the actions described in the provision cannot be taken without a court order. As described, the provision is arguably ambiguous. Ambiguous provisions of boilerplate contracts are interpreted against the drafter.

     

    Pete is obviously in default, there is no dispute about that. The issue is what action can be taken by the creditor, when it may be taken and what is required to carry out said action. Any remedies against pete for his default with respect to liquidating his inventory would have to be done under an equitable order by the court, not under the provisions of the lease. That's the issue, sir and that's why you are a sales tech geek and not a lawyer.

     

    I wasn't telling Pete to be careful, but the guy who goes around signing personal guarantys on behalf of his corporation for unsecured, uncollateralized debt. Bad idea. One has the option of making a counteroffer to a vendor by altering guaranty language found in standard form contracts.

  12. Posted

    Here is the section of my lease.. verbatim...

    so yeah, it sounds like the only way the confinscate my stuff is to pay off the lease. which thankfully is only $3k

    What says you TH?

    and thank you very much!

     

    “The Occurrence of any of the following shall constitute an event of default on the part of Tenant . . . If there should occur the attachment, execution, or other judicial seizure of substantially all of Tenant's assets located at the Premises, or if a writ of attachment is executed on this Agreement”

     

    I would argue this clause is unenforceable because it is vague and vague provisions are interpreted in favor of the party who did NOT draft the lease. The attachment, execution or judicial seizure of the tenant’s assets or a writ of attachment CANNOT constitute default because these actions can only occur upon court order to enforce a judgment. The occurrence of these events does not constitute a default. This is vague because it is akin to saying, you can have this car if you pay me $5000, but if I take it, that means you are in default, even if you are making payments.

     

    Rather, a default would have to occur according to the previous terms of this clause, e.g. failure to pay within three days of notice of default and demand by the landlord. Upon the occurrence of this, the landlord can move that judgment be entered against you. And it is only then that your inventory can be seized to satisfy the judgment.

     

    The lease clause you provided makes no further mention of when your assets can be liquidated. Therefore, the above is the only scenario under which your inventory can be seized and liquidated. However, this clause is not enforceable because it is vague.

     

    If they try to take your stuff without a court order, tell them to fock off. Call the police and have them arrested for larceny. And sue them civilly for trespass to chattels.

  13. Posted

    I have a clause in my lease that allows the landlord to confiscate whats in the building if I break the lease. I also signed a personal guarantee though, even though I am an LLC.

     

    Unless you have absolute control over accounts payable and operating assets, this is a bad idea. Be careful in the future.

  16. Posted

    Hey tony, a girl I know hit a car on the side of the road and blew a .12 when the cops came. Should she get an attorney and fight or just pay her dues?

     

    --------->ETA Denver

     

    When you're in sh!t up to your eyebrows, sometimes an attorney is the only person holding a snorkel and shovel.

     

    CH's one free legal service by TH.

     

    sweet!

    thanks TH

    THe only things I want to know are.... are they allowed to confiscate all my stuff if they decide I'm out of there. and are they allowed to take me to court for the remaining balance? I know they keep my security deposit if I break the lease.

     

    So I take it you're referring to your existing commercial lease where your store is . . .

     

    Without even viewing the lease, I can almost answer these. Can they confiscate? No, not unless they get a judgment against you for the unpaid balance and request an order that the court allow the landlord take possession of your remaining inventory to satisfy the judgment. Otherwise, no. Besides, I don't think they really want to sell $3000 worth of bras to collect the unpaid rent. The court will look for more coventional ways to satisfy the judgment, i.e. garnishing your wages in any future employment.

     

    They can certainly take you to court for the remaining balance. When I was doing some stuff in District Courts, I saw at least 30 evictions and judgments against delinquent tenants every session. The court will try to work with you, but they will make sure you pay.

  17. Posted

    wait a minute!!!!!! will you look over a few things on my lease for me.... free of charge of course :ninja: or in exchange for some lingerie :banana:

     

    No, but I will offer you this free legal advice.

     

    Rule #1: Never change the deal.

    Rule #2: No names.

     

    (The Transporter)

     

    JK - if you want to scan it in, convert to a PDF, then you can email it to me and I'll look it over. Tell me what you want out of the lease agreement, your concerns and I'll see if I can alter the agreement to suit your needs. I'm not going to spend more than 10 minutes on it, but I'll take a look. :pointstosky: This is your one free legal service by TH. Let me know when you've scanned it and I'll tell you where to send it.

  20. Posted

    I have my third interview for the job of my dreams, an in-house Attorney position with a SWEET company, a major market player. They want a business oriented attorney, with creative solutions - not some tightass motions slave. In my third and (presumably) final interview, as evidence of my creativity, do you think it would be inappropriate to broach the subject of a cross-promotional services pitch with another major market player that would result in substantial mutual gain, expansion of services, marketing strategies and direct audience targetting?

     

    I have friends in the business development departments of both respective companies who could facilitate a plan and a pitch to the appropriate persons.

     

    Too aggressive? or good risk?

  22. Posted

    I was way hungover and had the serious shits on the morning of my jury duty. I lit up the bathroom like 3 times in about 90 minutes. I was squirming like a choir boy's first time. Luckily, we were dismissed because the criminal trials on for the day resolved at pre-trial.

     

    Which court house in MA is your doody?

  23. Posted

    Mrs. H's laptop gets slammed by pop up ads relentlessly despite having a browser with a pop up blocker. I frequently delete her cookies, temp int files, scan for viruses, remove adware and spyware, but still the fvcking pop ups.

     

    are there any good popup blockers for free downloading? Is her laptop FUBRed? What to do?

     

    (I'll answer yours about eating ass :lol: )

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