Common use of Actions by Agent Clause in Contracts

Actions by Agent. Grantor hereby designates Agent, or any agent designated by Agent, as the attorney-in-fact of Grantor, which power of attorney shall be exercisable during the continuance of an Event of Default, to: (a) endorse in favor of Agent any of the Collateral; (b) cause the transfer of any of the Collateral in such name as Agent may from time to time determine; (c) renew, extend or roll over any Collateral; and (d) make, demand and initiate actions to enforce any of the Collateral or rights therein. Agent may take such action with respect to the Collateral as Agent may reasonably determine to be necessary to protect and preserve its interest in the Collateral. Agent shall also have and may exercise at any time all rights, remedies, powers, privileges and discretions of Grantor with respect to and under the Collateral; provided, however, Agent shall have no right to exercise any voting rights available to holders of the Collateral at any time the Collateral is held by Agent solely as secured party hereunder unless an uncured Event of Default has occurred and is continuing (and has not been waived by Agent), and then only to the extent such voting rights are not part of the Excluded Rights. The within designation and grant of power of attorney is coupled with an interest, is irrevocable until this Agreement is terminated by a written instrument executed by a duly authorized officer of Agent. The power of attorney shall not be affected by subsequent disability or incapacity of Grantor. Agent shall not be liable for any act or omission to act pursuant to this Section 10, except for any act or omission to act which is in actual bad faith is grossly negligent or resulting from willful misconduct.

Actions by Agent. Grantor The Borrower hereby designates Agent, or any agent designated by Agent, Agent as the attorney-in-fact of Grantor, which power of attorney shall be exercisable during the continuance of an Event of Default, Borrower to: (a) endorse in favor of Agent any of the CollateralCollateral following an Event of Default which is continuing; (b) cause the transfer of any of the Collateral in such name as Agent may from time to time determinedetermine following an Event of Default which is continuing; (c) renew, extend or roll over any CollateralCollateral following an Event of Default which is continuing; and (d) make, demand and initiate actions to enforce any of the Collateral or rights thereintherein following an Event of Default which is continuing; and (e) take any other action to effectuate the terms and provisions of this Pledge Agreement following an Event of Default which is continuing. Following an Event of Default which is continuing, Agent may take such action with respect to the Collateral as Agent may reasonably determine to be necessary to protect and preserve its interest in the Collateral. Agent shall also have and may exercise at any time Except as otherwise provided herein, all of the rights, remedies, powers, privileges and discretions of Grantor with respect to and under the Collateral; provided, however, Agent shall have no right to exercise any voting rights available to holders of the Collateral at any time the Collateral is held included in this Section 9 may be exercised by Agent solely as secured party hereunder unless whether or not the Obligations are then due provided that an uncured Event of Default has occurred and is continuing (and has not been waived by Agent), and then only to the extent such voting rights are not part of the Excluded Rightscontinuing. The within designation and grant of power of attorney is coupled with an interest, is irrevocable until the lien created by this Pledge Agreement is terminated by a written instrument executed by a duly authorized officer of AgentAgent or is required to be so terminated by the terms of the Loan Agreement. The power of attorney shall not be affected by subsequent disability or incapacity of Grantorthe Borrower. Agent shall not be liable for any act or omission to act pursuant to this Section 109, except for any act or omission to act which is in actual bad faith is grossly negligent faith, or resulting from constitutes gross negligence or willful misconduct.

Actions by Agent. Grantor NMLP hereby designates Agent, or any agent designated by Agent, Agent as the attorney-in-fact of Grantor, which power of attorney shall be exercisable NMLP to: (a) after the occurrence and during the continuance of an Event of Default, to: (a) endorse in favor of Agent any of the Collateral; (b) after the occurrence and during the continuance of an Event of Default, cause the transfer of any of the Collateral in such name as Agent may from time to time determine; (c) cause the issuance of certificates for book entry and/or uncertificated securities; (d) renew, extend or roll over any Collateral; and (de) make, demand and initiate actions to enforce any of the Collateral or rights therein; and (f) take any other action to effectuate the terms and provisions of this Pledge Agreement. Agent may take such action with respect to the Collateral as Agent may reasonably determine to be necessary to protect and preserve its interest in the Collateral. Agent shall also have and may exercise at any time Except as otherwise provided herein, all of the rights, remedies, powers, privileges and discretions of Grantor with respect to and under the Collateral; provided, however, Agent shall have no right to exercise any voting rights available to holders of the Collateral at any time the Collateral is held included in this Section 9 may be exercised by Agent solely as secured party hereunder unless whether or not the NMLP Obligations are then due and whether or not an uncured Event of Default has occurred and is continuing (and has not been waived by Agent), and then only to the extent such voting rights are not part of the Excluded Rightsoccurred. The within designation and grant of power of attorney is coupled with an interest, is irrevocable until the lien created by this Pledge Agreement is terminated by a written instrument executed by a duly authorized officer of Agent. The power of attorney shall not be affected by subsequent disability or incapacity of GrantorNMLP. Agent shall not be liable for any act or omission to act pursuant to this Section 109, except for any act or omission to act which is in actual bad faith is grossly negligent or resulting from willful misconductfaith.

Actions by Agent. Grantor The Borrower hereby designates Agent, or any agent designated by Agent, Agent as the attorney-in-fact of Grantor, which power of attorney shall be exercisable the Borrower to: (a) after the occurrence and during the continuance of an Event of Default, to: (a) endorse in favor of Agent any of the Collateral; (b) cause after the transfer occurrence and during the continuance of an Event of Default, transfer, sell or otherwise dispose of any of the Collateral (including, without limitation, any series of membership interest in the Holding Company) in such name as Agent may from time to time determine; (c) cause the issuance of certificates for book entry and/or uncertificated securities; (d) renew, extend or roll over any Collateral; and (de) make, demand and initiate actions to enforce any of the Collateral or rights therein; and (f) take any other action to effectuate the terms and provisions of this Pledge Agreement. Agent may take such action with respect to the Collateral as Agent may reasonably determine to be necessary to protect and preserve its interest in the Collateral. Agent shall also have and may exercise at any time Except as otherwise provided herein, all of the rights, remedies, powers, privileges and discretions of Grantor with respect to and under the Collateral; provided, however, Agent shall have no right to exercise any voting rights available to holders of the Collateral at any time the Collateral is held included in this Section 9 may be exercised by Agent solely as secured party hereunder unless whether or not the Obligations are then due and whether or not an uncured Event of Default has occurred and is continuing (and has not been waived by Agent), and then only to the extent such voting rights are not part of the Excluded Rightsoccurred. The within designation and grant of power of attorney is coupled with an interest, is irrevocable until the lien created by this Pledge Agreement is terminated by a written instrument executed by a duly authorized officer of Agent. The power of attorney shall not be affected by subsequent disability or incapacity of Grantorthe Borrower. Agent shall not be liable for any act or omission to act pursuant to this Section 109, except for any act or omission to act which is in actual bad faith is grossly negligent or resulting from willful misconductfaith.

Actions by Agent. Grantor hereby designates Agent, or any agent designated by Agent, as the attorney-in-fact of Grantor, which power of attorney shall be exercisable during the continuance of an Event of Default, to: (a) endorse in favor of Agent any of the Collateral; (b) cause the transfer of any of the Collateral in such name as Agent may from time to time determine; (c) renew, extend or roll over any Collateral; and (d) make, demand and initiate actions to enforce any of the Collateral or rights therein. Agent may take such action with respect to the Collateral as Agent may reasonably determine to be necessary to protect and preserve its interest in the Collateral. Agent shall also have and may exercise at any time all rights, remedies, powers, privileges and discretions of Grantor with respect to and under the Collateral; provided, however, Agent shall have no right to exercise any voting rights available to holders of the Collateral at any time the Collateral is held by Agent solely as secured party hereunder unless an uncured Event of Default has occurred and is continuing (and has not been waived by Agent), and then only to the extent such voting rights are not part of the Excluded Rights. The within designation and grant of power of attorney is coupled with an interest, is irrevocable until this Agreement is terminated by a written instrument executed by a duly authorized officer of Agent. The power of attorney shall not be affected by subsequent disability or incapacity of Grantor. Agent shall not be liable for any act or omission to act pursuant to this Section 10, except for any act or omission to act which is in actual bad faith is grossly negligent or resulting from willful misconduct.this

Actions by Agent. Grantor NMLP hereby designates Agent, or any agent designated by Agent, Agent as the attorney-in-fact of Grantor, which power of attorney shall be exercisable NMLP to: (a) after the occurrence and during the continuance of an Event of Default, to: (a) endorse in favor of Agent any of the Collateral; (b) cause after the transfer occurrence and during the continuance of an Event of Default, transfer, sell or otherwise dispose of any of the Collateral (including, without limitation, any series of membership interest in the Holding Company) in such name as Agent may from time to time determine; (c) cause the issuance of certificates for book entry and/or uncertificated securities; (d) renew, extend or roll over any Collateral; and (de) make, demand and initiate actions to enforce any of the Collateral or rights therein; and (f) take any other action to effectuate the terms and provisions of this Pledge Agreement. Agent may take such action with respect to the Collateral as Agent may reasonably determine to be necessary to protect and preserve its interest in the Collateral. Agent shall also have and may exercise at any time Except as otherwise provided herein, all of the rights, remedies, powers, privileges and discretions of Grantor with respect to and under the Collateral; provided, however, Agent shall have no right to exercise any voting rights available to holders of the Collateral at any time the Collateral is held included in this Section 9 may be exercised by Agent solely as secured party hereunder unless whether or not the NMLP Obligations are then due and whether or not an uncured Event of Default has occurred and is continuing (and has not been waived by Agent), and then only to the extent such voting rights are not part of the Excluded Rightsoccurred. The within designation and grant of power of attorney is coupled with an interest, is irrevocable until the lien created by this Pledge Agreement is terminated by a written instrument executed by a duly authorized officer of Agent. The power of attorney shall not be affected by subsequent disability or incapacity of GrantorNMLP. Agent shall not be liable for any act or omission to act pursuant to this Section 109, except for any act or omission to act which is in actual bad faith is grossly negligent or resulting from willful misconductfaith.