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

Agent’s Appointment as Attorney-in-Fact. (a) Each Grantor hereby irrevocably constitutes and appoints Agent and any Affiliates, directors, partners, officers, employees, agents, counsel and advisors thereof, with full power of substitution, as its true and lawful attorney-in-fact with full power and authority in the place and stead of such Grantor and in the name of such Grantor or in its own name, for the purpose of carrying out the terms of the Loan Documents, to, upon the occurrence and during the continuance of an Event of Default, take any appropriate action and to execute any document, agreement or instrument that may be necessary or desirable to accomplish the purposes of the Loan Documents, and, without limiting the generality of the foregoing, each Grantor hereby gives Agent and its Affiliates, directors, partners, officers, employees, agents, counsel and advisors the power and right, on behalf of such Grantor, without notice to or assent by such Grantor, to do any of the following when an Event of Default has occurred and is continuing:

Appears in 3 contracts

Samples: Guaranty and Security Agreement, Guaranty and Security Agreement (Aerie Pharmaceuticals Inc), Guaranty and Security Agreement (Aerie Pharmaceuticals Inc)

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Agent’s Appointment as Attorney-in-Fact. (a) Each Grantor hereby irrevocably constitutes and appoints Agent and any Affiliates, directors, partners, officers, employees, agents, counsel and advisors thereof, with full power of substitution, as its true and lawful attorney-in-fact with full power and authority in the place and stead of such Grantor and in the name of such Grantor or in its own name, for the purpose of carrying out the terms of the Loan Documents, to, upon the occurrence and during the continuance of an Event of Default, take any appropriate action and to execute any document, agreement document or instrument that may be necessary or desirable to accomplish the purposes of the Loan Documents, and, without limiting the generality of the foregoing, each Grantor hereby gives Agent and its Affiliates, directors, partners, officers, employees, agents, counsel and advisors the power and right, on behalf of such Grantor, without notice to or assent by such Grantor, to do any of the following when an Event of Default has occurred and is continuing:continuing (subject, as applicable, to compliance by Agent with Applicable Law with respect to Accounts arising under any Third Party Payor programs):

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Endologix Inc /De/), Guaranty and Security Agreement (Endologix Inc /De/)

Agent’s Appointment as Attorney-in-Fact. (a) Each Grantor hereby irrevocably constitutes and appoints the Agent and any Affiliates, directors, partners, officers, employees, agents, counsel and advisors Related Person thereof, 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 such Grantor and in the name of such Grantor or in its own name, for the purpose of carrying out the terms of the Loan Documents, to, upon the occurrence and during the continuance of Documents provided that Agent agrees not to exercise its rights as attorney-in-fact unless an Event of DefaultDefault has occurred and is continuing, to take any appropriate action and to execute any document, agreement document or instrument that may be necessary or desirable to accomplish the purposes of the Loan Documents, and, without limiting the generality of the foregoing, each Grantor hereby gives the Agent and its Affiliates, directors, partners, officers, employees, agents, counsel and advisors Related Persons the power and right, on behalf of such Grantor, without notice to or assent by such Grantor, to do any of the following (subject to the terms, conditions and limitations of any contract or agreement to which any such Grantors is a party with respect to such Collateral or any part thereof) when an Event of Default has occurred and is shall be continuing:

Appears in 1 contract

Samples: Guaranty and Security Agreement (WII Components, Inc.)

Agent’s Appointment as Attorney-in-Fact. (a) Each Grantor hereby irrevocably constitutes appoints, which appointment is irrevocable and appoints coupled with an interest, effective upon and during the occurrence of an Event of Default and after the Discharge of the First Lien Obligations, Agent and any Affiliates, directors, partners, officers, employees, agents, counsel and advisors officer or agent thereof, 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 such Grantor and in the name of such Grantor or in its own nameotherwise, for the purpose of carrying out the terms of the Loan Documentsthis Agreement, to, upon the occurrence and during the continuance of an Event of Default, to take any and all appropriate action and to execute any document, agreement or instrument that and all documents and instruments which may be necessary or desirable to accomplish the purposes of the Loan Documentsthis Agreement, and, without limiting the generality of the foregoing, each Grantor hereby gives Agent and its Affiliates, directors, partners, officers, employees, agents, counsel and advisors the power and right, on behalf of such Grantor, either in Agent’s name or in the name of such Grantor or otherwise, without notice to or assent by such Grantor, to do any or all of the following when following, in each case after and during the occurrence of an Event of Default has occurred and is continuingafter written notice by Agent of its intent to do so:

Appears in 1 contract

Samples: Second Lien Security Agreement (Neff Rental Inc)

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Agent’s Appointment as Attorney-in-Fact. (a) Each Grantor hereby irrevocably constitutes appoints, which appointment is irrevocable and appoints coupled with an interest, effective upon and during the occurrence of an Event of Default, Agent and any Affiliates, directors, partners, officers, employees, agents, counsel and advisors officer or agent thereof, 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 such Grantor and in the name of such Grantor or in its own nameotherwise, for the purpose of carrying out the terms of the Loan Documentsthis Agreement, to, upon the occurrence and during the continuance of an Event of Default, to take any and all appropriate action and to execute any document, agreement or instrument that and all documents and instruments which may be necessary or desirable to accomplish the purposes of the Loan Documentsthis Agreement, and, without limiting the generality of the foregoing, each Grantor hereby gives Agent and its Affiliates, directors, partners, officers, employees, agents, counsel and advisors the power and right, on behalf of such Grantor, either in Agent’s name or in the name of such Grantor or otherwise, without notice to or assent by such Grantor, to do any or all of the following when following, in each case after and during the occurrence of an Event of Default has occurred and is continuingafter written notice by Agent of its intent to do so:

Appears in 1 contract

Samples: First Lien Security Agreement (Neff Rental Inc)

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