Common use of Agent Appointed Attorney-in-Fact Clause in Contracts

Agent Appointed Attorney-in-Fact. The Grantor hereby irrevocably appoints the Agent the Grantor's attorney-in-fact, with full authority in the place and stead of the Grantor and in the name of the Grantor or otherwise, from time to time in the Agent's discretion, upon the occurrence and during the continuance of any Event of Default, to take any action and to execute any instrument which the Agent may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation: (a) to obtain and adjust insurance required to be paid to the Agent for the benefit of the Secured Parties pursuant to Section 8, (b) to ask, demand, collect, sue xxx, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in connection with the Collateral, (c) to receive, indorse, and collect any drafts or other instruments, documents and chattel paper, in connection therewith, and (d) to file any claims or take any action or institute any proceedings which the Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Agent for the benefit of the Secured Parties with respect to any of the Collateral.

Agent Appointed Attorney-in-Fact. The Each Grantor hereby irrevocably appoints the Agent the such Grantor's ’s attorney-in-fact, with full authority in the place and stead of the such Grantor and in the name of the such Grantor or otherwise, from time to time in the Agent's discretiontime, upon the occurrence and during the continuance of any an Event of Default, in the Agent’s discretion, to take any action and to execute any instrument which that the Agent may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation: (a) to obtain and adjust insurance required to be paid to the Agent for the benefit of the Secured Parties pursuant to Section 89, (b) to askask for, demand, collect, sue xxxxxx for, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in connection with respect of any of the Collateral, (c) to receive, indorse, endorse and collect any drafts or other instruments, documents and chattel paper, in connection therewithwith clause (a) or (b) above, and (d) to file any claims or take any action or institute any proceedings which that the Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce compliance with the terms and conditions of any Assigned Agreement or the rights of the Agent for the benefit of the Secured Parties with respect to any of the Collateral.

Agent Appointed Attorney-in-Fact. The Grantor Subject to any limits imposed under applicable law, including, without limitation, Medicare Regulations and Medicaid Regulations, the Pledgor hereby irrevocably appoints the Agent the Grantor's Pledgor’s attorney-in-fact, with full authority in the place and stead of the Grantor Pledgor and in the name of the Grantor Pledgor or otherwise, from time to time in the Agent's ’s discretion, upon following the occurrence and during the continuance continuation of any an Event of Default, to take any action and to execute any instrument which the Agent may deem necessary or advisable to accomplish the purposes of this Pledge Agreement, including, including without limitation: (a) to obtain and adjust insurance required to be paid to the Agent for the benefit of the Secured Parties pursuant to Section 8, (b) to ask, demand, collect, sue xxxfor, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in connection with respect of any of the Collateral,; (cb) to receive, indorseendorse, and collect any drafts or other instruments, documents and chattel paper, in connection therewith, with clause (a) above; and (dc) to file any claims or take any action or institute any proceedings which the Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Agent for the benefit of the Secured Parties with respect to any of the Collateral. The Pledgor hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section is irrevocable and coupled with an interest.

Agent Appointed Attorney-in-Fact. The Grantor Borrower hereby irrevocably appoints the Agent on behalf of the GrantorBanks the Borrower's attorney-in-fact, with full authority in the place and stead of the Grantor Borrower and in the name of the Grantor Borrower, the Agent on behalf of the Banks or otherwise, from time to time in the Agent's discretion, upon the occurrence and during the continuance of any Event of Default, to take any action and to execute any instrument which the Agent may deem necessary or advisable to accomplish the purposes of this AgreementAgreement (subject to the rights of the Borrower under Section 8), including, without limitation: (ai) to obtain and adjust insurance required to be paid to the Agent for the benefit on behalf of the Secured Parties Banks pursuant to Section 87, (bii) to ask, demand, collect, sue xxxxxx for, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in connection with respect of any of the Collateral, (ciii) to receive, indorse, and collect any drafts or other instruments, documents and chattel paper, in connection therewithwith clause (i) or (ii) above, and (div) to file any claims or take any action or institute any proceedings which the Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Agent for the benefit on behalf of the Secured Parties Banks with respect to any of the Collateral.

Agent Appointed Attorney-in-Fact. The Grantor Subject to any limits imposed under applicable law, including, without limitation, Medicare Regulations and Medicaid Regulations, each Pledgor hereby irrevocably appoints the Agent the Grantor's such Pledgor’s attorney-in-fact, with full authority in the place and stead of the Grantor such Pledgor and in the name of the Grantor such Pledgor or otherwise, from time to time in the Agent's ’s discretion, upon following the occurrence and during the continuance continuation of any an Event of Default, to take any action and to execute any instrument which the Agent may deem necessary or advisable to accomplish the purposes of this Pledge Agreement, including, including without limitation: (a) to obtain and adjust insurance required to be paid to the Agent for the benefit of the Secured Parties pursuant to Section 8, (b) to ask, demand, collect, sue xxxfor, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in connection with respect of any of the Collateral,; (cb) to receive, indorseendorse, and collect any drafts or other instruments, documents and chattel paper, in connection therewith, with clause (a) above; and (dc) to file any claims or take any action or institute any proceedings which the Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Agent for the benefit of the Secured Parties with respect to any of the Collateral. Each Pledgor hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section is irrevocable and coupled with an interest.

Agent Appointed Attorney-in-Fact. The Each Grantor hereby irrevocably appoints the Agent the such Grantor's attorney-in-fact, with full authority in the place and stead of the such Grantor and in the name of such Grantor, the Grantor Agent or otherwise, from time to time in the Agent's discretion, upon the occurrence and during the continuance of any while an Event of DefaultDefault Exists, to take any action and to execute any instrument which the Agent may deem necessary or advisable to accomplish the purposes of this AgreementAgreement (subject to the fights of the Grantor under Section 7), including, without limitation: (ai) to obtain and adjust insurance required to be paid to the Agent for the benefit account of the Secured Parties Lenders pursuant to Section 86, (bii) to ask, ask demand, collect, sue xxxxxx for, recover, compromisecompound, receive and give acquittance and receipts for moneys due and to become due under or in connection with respect of an of the Collateral, (ciii) to receive, indorseendorse, and collect any drafts or other instruments, documents and chattel paper, in connection therewithwith clause (i) or (11) above, and (div) to file any claims or take any action or institute any proceedings which the Agent or any Lender may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights fights of the Agent for and the benefit of the Secured Parties Lenders with respect to any of the Collateral.

Agent Appointed Attorney-in-Fact. The Grantor hereby irrevocably appoints the Agent as the Grantor's attorney-in-factfact (such power being coupled with an interest), with full authority in the place and stead of the Grantor and in the name of the Grantor or otherwise, from time to time in the Agent's discretion, upon the occurrence and during the continuance of any Event of Default, to take any action and to execute any instrument which that the Agent may deem necessary or advisable to accomplish the purposes of this AgreementAgreement (subject to the rights of the Grantor under Section 8), including, without limitation: (a) to To obtain and adjust insurance required to be paid to the Agent for the benefit of the Secured Parties pursuant to Section 8,7; (b) to To ask, demand, collect, sue xxx, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in connection with the Collateral,; (c) to To receive, indorse, and collect any drafts or other instruments, documents and chattel paper, paper in connection therewith, ; and (d) to To file any claims or take any action or institute any proceedings which that the Agent may deem necessary or desirable for the collection of any of the Collateral Collateral, or otherwise to enforce the rights of the Grantor or the Agent for the benefit of the Secured Parties with respect to any of the Collateral.

Agent Appointed Attorney-in-Fact. The Each Grantor hereby irrevocably appoints the Agent the such Grantor's attorney-in-fact, with full authority in the place and stead of the Grantor and in the name of the Grantor Grantor, the Lenders or otherwise, from time to time in the Agent's discretion, upon the occurrence and during the continuance of any an Unmatured Default or an Event of Default, Default to take any action and to execute any instrument which the Agent may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation: (a) to obtain and adjust insurance required to be paid to the Agent for the benefit of the Secured Parties pursuant to Section 87, (b) to ask, demand, collect, sue xxxfor, recover, compromise, receive and give acquittance and axx receipts for moneys due and to become due under or in connection with the Collateral, (c) to receive, indorse, and collect any drafts or other instruments, documents and chattel paper, in connection therewith, and (d) to file any claims or take any action or institute any proceedings which the Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Agent for or the benefit of the Secured Parties Lenders with respect to any of the Collateral.. 122

Agent Appointed Attorney-in-Fact. The Each Grantor hereby irrevocably appoints the Agent the such Grantor's attorney-in-fact, with full authority in the place and stead of the Grantor and in the name of the Grantor Grantor, the Lenders or otherwise, from time to time in the Agent's discretion, upon the occurrence and during the continuance of any an Unmatured Default or an Event of Default, Default to take any action and to execute any instrument which the Agent may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation: (a) to obtain and adjust insurance required to be paid to the Agent for the benefit of the Secured Parties pursuant to Section 87, (b) to ask, demand, collect, sue xxxxxx for, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in connection with the Collateral, (c) to receive, indorse, and collect any drafts or other instruments, documents and chattel paper, in connection therewith, and (d) to file any claims or take any action or institute any proceedings which the Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Agent for or the benefit of the Secured Parties Lenders with respect to any of the Collateral.

Agent Appointed Attorney-in-Fact. The Each Grantor hereby irrevocably appoints the Agent the such Grantor's attorney-in-fact, with full authority in the place and stead of the such Grantor and in the name of the such Grantor or otherwise, from time to time in the Agent's discretiontime, upon the occurrence and during the continuance of any an Event of Default, in the Agent's discretion, to take any action and to execute any instrument which that the Agent may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation: (a) to obtain and adjust insurance required to be paid to the Agent for the benefit of the Secured Parties pursuant to Section 812, (b) to askask for, demand, collect, sue xxxxxx for, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in connection with respect of any of the Collateral, (c) to receive, indorse, indorse and collect any drafts or other instruments, documents and chattel paper, in connection therewithwith clause (a) or (b) above, and (d) to file any claims or take any action or institute any proceedings which that the Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Agent for the benefit of the Secured Parties with respect to any of the Collateral.

Agent Appointed Attorney-in-Fact. The Grantor Each Guarantor hereby irrevocably appoints the Agent the Grantor's such Guarantor’s attorney-in-fact, with full authority in the place and stead of the Grantor such Guarantor and in the name of the Grantor such Guarantor or otherwise, from time to time in the Agent's ’s discretion, upon after the occurrence and during the continuance of any an Event of Default, to take any action and to execute any instrument which that the Agent may deem necessary or advisable to accomplish the purposes of this AgreementAgreement (such power being coupled with an interest), including, without limitation: (a) to obtain and adjust insurance required to be paid to the Agent for the benefit of the Secured Parties pursuant to Section 8, (b) to askask for, demand, collect, sue xxxxxx for, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in connection with respect of any of the Collateral, (cb) to receive, indorse, indorse and collect any drafts or other instruments, documents and chattel paper, in connection therewithwith clause (a) above, and (dc) to file any claims or take any action (including any action necessary to consummate the sale or transfer of title to any of the Collateral in accordance with the provisions of the Loan Documents) or institute any proceedings which that the Agent may deem reasonably necessary or desirable for the collection of any of the Collateral or otherwise to enforce compliance with the terms and conditions of any Loan Document or the rights of the Agent for the benefit of the Secured Parties with respect to any of the Collateral.

Agent Appointed Attorney-in-Fact. The Each Grantor hereby irrevocably appoints the Agent the such Grantor's ’s attorney-in-fact, with full authority in the place and stead of the such Grantor and in the name of the such Grantor or otherwise, from time to time in the Agent's discretiontime, upon the occurrence and during the continuance of any an Event of Default, in the Agent’s discretion, to take any action and to execute any instrument which that the Agent may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation: (a) to obtain and adjust insurance required to be paid to the Agent for the benefit of the Secured Parties pursuant to Section 89, (b) to askask for, demand, collect, sue xxxsxx for, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in connection with respect of any of the Collateral, (c) to receive, indorse, indorse and collect any drafts or other instruments, documents and chattel paper, in connection therewithwith clause (a) or (b) above, and (d) to file any claims or take any action or institute any proceedings which that the Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce compliance with the terms and conditions of any Assigned Agreement or the rights of the Agent for the benefit of the Secured Parties with respect to any of the Collateral.

Agent Appointed Attorney-in-Fact. The Each Grantor hereby irrevocably appoints the Agent the such Grantor's attorney-in-’s true and lawful attorney in fact, with full irrevocable power and authority in the place and stead of the such Grantor and in the name of the such Grantor or otherwise, from time to time in the Agent's discretiontime, upon the occurrence and during the continuance of any an Event of Default, in the Agent’s discretion, to take any action and to execute any instrument which that the Agent may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation: (a) to obtain and adjust insurance required to be paid to the Agent for the benefit of the Secured Parties pursuant to Section 8, (b) to askask for, demand, collect, sue xxxxxx for, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in connection with respect of any of the Collateral, (c) to receive, indorse, endorse and collect any drafts or other instruments, documents and chattel paper, in connection therewithwith clause (a) or (b) above, and (d) to file any claims or take any action or institute any proceedings which that the Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Agent for the benefit of the Secured Parties with respect to any of the Collateral.

Agent Appointed Attorney-in-Fact. The Each Grantor hereby irrevocably appoints the Agent the such Grantor's attorney-in-factfact (which appointment shall be irrevocable and deemed coupled with an interest), with full authority in the place and stead of the such Grantor and in the name of the such Grantor or otherwise, from time to time in the Agent's discretion, upon and during the occurrence and during the continuance continuation of any an Event of Default, to take any action and to execute any instrument which the Agent may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation: (a1) to obtain and adjust insurance required to be paid to the Agent for the benefit of the Secured Parties pursuant to Section 810, (b2) to ask, demand, collect, sue xxxxxx for, recover, compromisecompound, receive and give acquittance and receipts for moneys due and to become due under or in connection with respect of any of the Collateral, (c3) to receive, indorseendorse, and collect any drafts or other instruments, documents and chattel paper, in connection therewithwith clause (i) or (ii) above, (4) to receive, endorse and collect all instruments made payable to the Grantors representing any dividend or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same, and (d5) to file any claims or take any action or institute any proceedings which the Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Agent for the benefit of the Secured Parties with respect to any of the Collateral.

Agent Appointed Attorney-in-Fact. The Each Grantor hereby irrevocably appoints the Agent the such Grantor's attorney-in-factfact (which appointment shall be irrevocable and deemed coupled with an interest), with full authority in the place and stead of the such Grantor and in the name of the such Grantor or otherwise, from time to time in the Agent's discretion, upon and during the occurrence and during the continuance continuation of any an Event of Default, to take any action and to execute any instrument which the Agent may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation: (a1) to obtain and adjust insurance required to be paid to the Agent for the benefit of the Secured Parties pursuant to Section 810, (b2) to ask, demand, collect, sue xxxfor, recover, compromisecompound, receive and give acquittance and receipts for moneys due and to become due under or in connection with respect of any of the Collateral, (c3) to receive, indorseendorse, and collect any drafts or other instruments, documents and chattel paper, in connection therewithwith clause (i) or (ii) above, (4) to receive, endorse and collect all instruments made payable to the Grantors representing any dividend or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same, and (d5) to file any claims or take any action or institute any proceedings which the Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Agent for the benefit of the Secured Parties with respect to any of the Collateral.

Agent Appointed Attorney-in-Fact. The Each Grantor hereby irrevocably appoints the Agent the such Grantor's attorney-in-fact, with full authority in the place and stead of the Grantor and in the name of the Grantor Grantor, the Lenders or otherwise, from time to time in the Agent's discretion, upon the occurrence and during the continuance of any an Unmatured Default or an Event of Default, Default to take any action and to execute any instrument which the Agent may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation: (a) to obtain and adjust insurance required to be paid to the Agent for the benefit of the Secured Parties pursuant to Section 87, (b) to ask, demand, collect, sue xxxfor, recover, compromise, receive and give acquittance and axx receipts for moneys due and to become due under or in connection with the Collateral, (c) to receive, indorse, and collect any drafts or other instruments, documents and chattel paper, in connection therewith, and (d) to file any claims or take any action or institute any proceedings which the Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Agent for or the benefit of the Secured Parties Lenders with respect to any of the Collateral.. 131

Agent Appointed Attorney-in-Fact. The Grantor hereby irrevocably appoints the and constitutes Agent the as Grantor's attorney-in-fact, with full authority in the place and stead of the Grantor and in the name of the Grantor or otherwise, from time to time in the Agent's discretion, upon the occurrence and during the continuance of any Event of Default, to take any action and to execute any instrument which the Agent may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation, (a) following the occurrence and during the continuance of a Default, to: (ai) to obtain and adjust insurance required to be paid to the Agent for the benefit or any Holders of the Secured Parties Obligations pursuant to Section 8,the Credit Agreement; (bii) to ask, demand, collect, sue xxxxxx for, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in connection with respect of any of the Collateral,; (ciii) to receive, indorseendorse, and collect any drafts or other instruments, documents and chattel paper, in connection therewith, with CLAUSE (i) or (ii) above; and (div) to file any claims or take any action or institute any proceedings which the Agent may deem necessary or desirable for the collection of any of the Collateral Collateral, or otherwise to enforce the rights of the Agent for the benefit of the Secured Parties with respect to any of the Collateral; (i) obtain access to records maintained for Grantor by computer services companies and other service companies or bureaus; (ii) send requests under Grantor's, the Agent's or a fictitious name to Grantor's customers or account debtors for verification of Accounts provided that the Agent gives the Grantor notice prior to initiating any such verifications; and (iii) do all other things reasonably necessary to carry out this Agreement.

Agent Appointed Attorney-in-Fact. The Each Grantor hereby irrevocably appoints the Agent the such Grantor's attorney-in-fact, with full authority in the place and stead of the such Grantor and in the name of the such Grantor or otherwise, from time to time in the Agent's discretiontime, upon the occurrence and during the continuance of any an Event of Default, in the Agent's discretion, to take any action and to execute any instrument which that the Agent may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation: (a) to obtain and adjust insurance required to be paid to the Agent for the benefit of the Secured Parties pursuant to Section 89, (b) to askask for, demand, collect, sue xxxsxx for, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in connection with respect of any of the Collateral, (c) to receive, indorse, endorse and collect any drafts or other instruments, documents and chattel paper, in connection therewithwith clause (a) or (b) above, and (d) to file any claims or take any action or institute any proceedings which that the Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce compliance with the terms and conditions of any Assigned Agreement or the rights of the Agent for the benefit of the Secured Parties with respect to any of the Collateral.