Common use of Agent’s Appointment as Attorney-in-Fact Clause in Contracts

Agent’s Appointment as Attorney-in-Fact. (a) The Pledgor hereby irrevocably constitutes and appoints the Agent and any officer or agent of the Agent, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the Pledgor and in the name of the Pledgor or in the Agent's own name, from time to time in the Agent's discretion, for the purpose of carrying out the terms of this Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Agreement, including, without limitation, any financing statements, endorsements, assignments or other instruments of transfer, which power of attorney is only exercisable if an Event of Default shall have occurred and be continuing.

Appears in 4 contracts

Samples: Credit Agreement (Bear Island Finance Co Ii), Credit Agreement (Bear Island Finance Co Ii), Timberlands Pledge Agreement (Bear Island Finance Co Ii)

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Agent’s Appointment as Attorney-in-Fact. (a) The Pledgor hereby irrevocably constitutes and appoints the Agent and any officer or agent of the Agent, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the Pledgor and in the name of the Pledgor or in the Agent's own name, from time to time in the Agent's discretion, for the purpose of carrying out the terms of this Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Agreement, including, without limitation, any financing statements, endorsements, assignments or other instruments of transfer, which power of attorney is only exercisable if an Event of Default shall have occurred and be continuing.

Appears in 3 contracts

Samples: Paxson Pledge Agreement (Paxson Communications Corp), Crown Stock Pledge Agreement (Crown Casino Corp), Cash Collateral Agreement (Kindercare Learning Centers Inc /De)

Agent’s Appointment as Attorney-in-Fact. (a) The Pledgor hereby irrevocably constitutes and appoints the Agent Pledgee and any officer or agent of the AgentPledgee, with full power of substitution, as its true and lawful attorney-in-fact attorney‑in‑fact with full irrevocable power and authority in the place and stead of the Pledgor and in the name of the Pledgor or in the Agent's Pledgee’s own name, from time to time in the Agent's Pledgee’s discretion, for the purpose of carrying out the terms of this Pledge Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Pledge Agreement, including, without limitation, any financing statements, endorsements, assignments or other instruments of transfer, which power of attorney is only exercisable if an Event of Default shall have occurred and be continuing.

Appears in 1 contract

Samples: Pledge Agreement (BlueLinx Holdings Inc.)

Agent’s Appointment as Attorney-in-Fact. (a) The Each Pledgor hereby irrevocably constitutes and appoints the Agent and any officer or agent of the Agent, with full power of substitution, as its true and lawful attorney-in-in- fact with full irrevocable power and authority in the place and stead of the such Pledgor and in the name of the such Pledgor or in the Agent's own name, from time to time in the Agent's discretion, for the purpose of carrying out the terms of this Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Agreement, including, without limitation, any financing statements, endorsements, assignments or other instruments of transfer, which power of attorney is only exercisable if an Event of Default shall have occurred and be continuing.

Appears in 1 contract

Samples: Paxson Pledge Agreement (Paxson Communications Corp)

Agent’s Appointment as Attorney-in-Fact. (a) The Pledgor hereby irrevocably constitutes and appoints the Agent and any officer or agent of the Agent, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the Pledgor and in the name of the Pledgor or in the Agent's own name, from time to time in the Agent's discretion, for the purpose of carrying out the terms of this Pledge Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Pledge Agreement, including, without limitation, any financing statements, endorsements, assignments or other instruments of transfer, which power of attorney is only exercisable if an Event of Default shall have occurred and be continuing.

Appears in 1 contract

Samples: Pledge Agreement (American Buildings Co /De/)

Agent’s Appointment as Attorney-in-Fact. (a) a. The Pledgor hereby irrevocably constitutes and appoints the Agent and any officer or agent of the Agent, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the Pledgor and in the name of the Pledgor or in the Agent's own name, from time to time in the Agent's discretion, for the purpose of carrying out the terms of this Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Agreement, including, without limitation, any financing statements, endorsements, assignments or other instruments of transfer, which power of attorney is only exercisable if an Event of Default shall have occurred and be continuing.

Appears in 1 contract

Samples: Credit Agreement (Lechters Inc)

Agent’s Appointment as Attorney-in-Fact. (a) The Pledgor Pledgors hereby irrevocably constitutes constitute and appoints appoint the Agent and any officer or agent of the Agent, with full power of substitution, as its their true and lawful attorney-in-fact with full fully irrevocable power and authority in the place and stead of the Pledgor Pledgors and in the name of the Pledgor Pledgors or in the Agent's own name, from time to time after the occurrence and during the continuation of an Event of Default, in the Agent's discretion, for the purpose of carrying out the terms of this Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Agreement, including, without limitation, any financing statements, endorsementsendorsement, assignments assignment or other instruments of transfer, which power of attorney is only exercisable if an Event of Default shall have occurred and be continuing.

Appears in 1 contract

Samples: Pledge Agreement (MST Enterprises Inc)

Agent’s Appointment as Attorney-in-Fact. (a) The Pledgor Pledgors hereby irrevocably constitutes constitute and appoints appoint the Agent and any officer or agent of the Agent, with full power of substitution, as its their true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the Pledgor Pledgors and in the name of the Pledgor Pledgors or in the Agent's own name, from time to time in the Agent's discretion, for the purpose of carrying out the terms of this Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Agreement, including, without limitation, any financing statements, endorsements, assignments or other instruments of transfer, which power of attorney is only exercisable if an Event of Default shall have occurred and be continuing.

Appears in 1 contract

Samples: Paxson Pledge Agreement (Paxson Communications Corp)

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Agent’s Appointment as Attorney-in-Fact. (a) The Each Pledgor hereby irrevocably constitutes and appoints the Agent and any officer or agent of the Agentthereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the such Pledgor and in the name of the such Pledgor or in the Agent's its own name, from time to time in the Agent's sole and absolute discretion, for the purpose of carrying out the terms of this Security Agreement, to take any and all appropriate action and to execute and deliver any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Agreement, includingSecurity Agreement and, without limitationlimiting the generality of the foregoing, any financing statementshereby gives the Agent the power and right, endorsementson behalf of such Pledgor, assignments without notice to or other instruments of transfer, which power of attorney is only exercisable if an Event of Default shall have occurred and be continuing.assent by such Pledgor to do the following:

Appears in 1 contract

Samples: Security Agreement (Bcam International Inc)

Agent’s Appointment as Attorney-in-Fact. (a) The Subject to Section 11(c), the Pledgor hereby irrevocably constitutes and appoints the Agent and any officer or agent of the Agent, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the Pledgor and in the name of the Pledgor or in the Agent's own name, from time to time in the Agent's discretion, for the purpose of carrying out the terms of this Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Agreement, including, without limitation, any financing statements, endorsements, assignments or other instruments of transfer, which power of attorney is only exercisable if an Event of Default shall have occurred and be continuing.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Warren S D Co /Pa/)

Agent’s Appointment as Attorney-in-Fact. (a) The Pledgor --------------------------------------- hereby irrevocably constitutes and appoints the Agent and any officer or agent of the Agent, with full power of substitution, as its true and lawful attorney-attorney- in-fact with full irrevocable power and authority in the place and stead of the Pledgor and in the name of the Pledgor or in the Agent's own name, from time to time in the Agent's discretion, for the purpose of carrying out the terms of this Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Agreement, including, without limitation, any financing statements, endorsements, assignments or other instruments of transfer, which power of attorney is only exercisable if an Event of Default shall have occurred and be continuing.

Appears in 1 contract

Samples: Participation Agreement (Ebay Inc)

Agent’s Appointment as Attorney-in-Fact. (a) The Each Pledgor hereby irrevocably constitutes and appoints the Agent and any officer or agent of the Agent, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the such Pledgor and in the name of the such Pledgor or in the Agent's own name, from time to time in the Agent's discretion, for the purpose of carrying out the terms of this Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Agreement, including, without limitation, any financing statements, endorsements, assignments or other instruments of transfer, which power in each case in accordance with the terms of attorney is only exercisable if an Event of Default shall have occurred and be continuingthis Agreement.

Appears in 1 contract

Samples: Security Agreement (Remington Capital Corp)

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