Common use of Appointment as Attorney-in-Fact Clause in Contracts

Appointment as Attorney-in-Fact. Borrower hereby irrevocably authorizes and appoints Lender, or any Person as Lender may designate, as Borrower’s attorney-in-fact, at Borrower’s cost and expense, to exercise all of the following powers upon the occurrence of an Event of Default, which being coupled with an interest, shall be irrevocable until all of the Obligations to Lender have been paid and satisfied in full: 10.1. To receive, take, endorse, sign, assign and deliver, all in the name of Lender or Borrower, as the case may be, any and all checks, notes, drafts, and other documents or instruments relating to the Collateral and to apply such amount to the Obligations in accordance with this Agreement; 10.2. To receive, open and dispose of all mail addressed to Borrower in connection with a Lockbox and upon the occurrence of an Event of Default to notify postal authorities to change the address for delivery thereof to such address as Lender may designate; 10.3. To request periodically from customers indebted on Accounts, in the name of Borrower or a third party designee of Lender, information concerning the Accounts and the amounts owing thereon; 10.4. To give customers indebted on Accounts notice of Lender’s interest therein, and/or to instruct such customers to make payment directly to Lender for Borrower’s account; 10.5. To take or bring, in the name of Lender or Borrower, all steps, actions, suits or proceedings deemed by Lender necessary or desirable to enforce or effect collection of the Accounts;

Appointment as Attorney-in-Fact. Each Borrower hereby irrevocably authorizes and appoints Lenderthe Agent, or any Person as Lender or agent the Agent may designate, as such Borrower’s 's attorney-in-fact, at Borrower’s the Borrowers' cost and expense, to exercise exercise, subject to the limitations set forth in Section 10.2, all of the following powers upon the occurrence of an Event of Defaultpowers, which being coupled with an interest, shall be irrevocable until all of the Obligations to Lender the Lenders have been paid and satisfied in fullfull and the Existing Commitments have been terminated: 10.1. (a) To receive, take, endorse, sign, assign and deliver, all in the name of Lender the Agent, the Lenders or any Borrower, as the case may be, any and all checks, notes, drafts, and other documents or instruments relating to the Collateral and to apply such amount to the Obligations in accordance with this AgreementCollateral; 10.2. (b) To receive, open and dispose of all mail addressed to any Borrower in connection with a Lockbox and upon the occurrence of an Event of Default to notify postal authorities to change the address for delivery thereof to such address as Lender the Agent may designate; 10.3. (c) To request periodically at any time from customers indebted on Accounts, in the name of any Borrower or a third party designee of Lenderthe Agent, information concerning the Accounts and the amounts owing thereon; 10.4. (d) To give customers indebted on Accounts notice of Lender’s the Lenders' interest therein, and/or to instruct such customers to make payment directly to Lender the Agent for any Borrower’s 's account; 10.5. (e) To take or bring, in the name of Lender the Agent, the Lenders or any Borrower, all steps, actions, suits or proceedings deemed by Lender the Agent necessary or desirable to enforce or effect collection of the Accounts;; and (f) To file, record and register any or all of the Lenders' security interest in intellectual property of CBI with the United States Patent and Trademark Office.

Appointment as Attorney-in-Fact. Each Borrower hereby irrevocably authorizes and appoints Lenderthe Agent, or any Person as Lender or agent the Agent may designate, as such Borrower’s 's attorney-in-fact, at Borrower’s the Borrowers' cost and expense, to exercise exercise, subject to the limitations set forth in Section 10.2, all of the following powers upon the occurrence of an Event of Defaultpowers, which being coupled with an interest, shall be irrevocable until all of the Obligations to Lender the Lenders have been paid and satisfied in fullfull and all of the Commitments have been terminated: 10.1. (a) To receive, take, endorse, sign, assign and deliver, all in the name of Lender the Agent, the Lenders or such Borrower, as the case may be, any and all checks, notes, drafts, and other documents or instruments relating to the Collateral and to apply such amount to the Obligations in accordance with this AgreementCollateral; 10.2. (b) To receive, open and dispose of all mail addressed to such Borrower in connection with a Lockbox and upon the occurrence of an Event of Default to notify postal authorities to change the address for delivery thereof to such address as Lender the Agent may designate; 10.3. (c) To request periodically at any time from customers indebted on Accounts, in the name of such Borrower or a third party designee of Lenderthe Agent, information concerning the Accounts and the amounts owing thereon; 10.4. (d) To give customers indebted on Accounts notice of Lender’s the Lenders' interest therein, and/or to instruct such customers to make payment directly to Lender the Agent for such Borrower’s 's account; 10.5. (e) To take or bring, in the name of Lender the Agent, the Lenders or such Borrower, all steps, actions, suits or proceedings deemed by Lender the Agent necessary or desirable to enforce or effect collection of the Accounts;; and (f) To file, record and register any or all of the Lenders' security interest in intellectual property of the Borrowers with the United States Patent and Trademark Office.

Appointment as Attorney-in-Fact. Borrower hereby irrevocably authorizes and appoints Lender, or any Person as Lender may designate, as Borrower’s attorney-in-fact, at Borrower’s cost and expense, to exercise all of the following powers upon the occurrence of an Event of Default, which being coupled with an interest, shall be irrevocable until all of the Obligations to Lender have been paid and satisfied in full: 10.1. To receive, take, endorse, sign, assign and deliver, all in the name of Lender, Lender or Borrower, as the case may be, any and all checks, notes, drafts, and other documents or instruments relating to the Collateral and to apply such amount to the Obligations in accordance with this Agreement; 10.2. To receive, open and dispose of all mail addressed to Borrower in connection with a Lockbox and upon the occurrence of an Event of Default to notify postal authorities to change the address for delivery thereof to such address as Lender may designate; 10.3. To request periodically from customers indebted on Accounts, in the name of Borrower or a third party designee of Lender, information concerning the Accounts and the amounts owing thereon; 10.4. To give customers indebted on Accounts notice of Lender’s interest therein, and/or to instruct such customers to make payment directly to Lender for Borrower’s account; 10.5. To take or bring, in the name of Lender or Borrower, all steps, actions, suits or proceedings deemed by Lender necessary or desirable to enforce or effect collection of the Accounts;; and 10.6. To file financing statements in any office deemed appropriate by Lender for such purpose and execute, file, record and register any or all of Lender’s security interest in any intellectual property of Borrower with the United States Patent and Trademark Office; and 10.7. To do all other acts and things as Lender may deem reasonable to protect or preserve Lender’s interest under this Agreement or to fulfill Borrower’s obligations under this Agreement.

Appointment as Attorney-in-Fact. Borrower Each Credit Party hereby irrevocably authorizes and appoints Lenderthe Agent, or any Person as Lender or agent the Agent may reasonably designate, as Borrower’s such Credit Party's attorney-in-fact, at Borrower’s such Credit Party's cost and expense, to exercise exercise, subject to the limitations set forth in Section 10.2, all of the following powers upon the occurrence of an Event of Defaultpowers, which being coupled with an interest, shall be irrevocable until all of the Obligations to Lender the Lenders have been paid and satisfied in fullfull and all of the Commitments have been terminated: 10.1. (a) To receive, take, endorse, sign, assign and deliver, all in the name of Lender the Agent, the Lenders or Borrowersuch Credit Party, as the case may be, any and all checks, notes, drafts, and other documents or instruments relating to the Collateral and to apply such amount to the Obligations in accordance with this AgreementCollateral; 10.2. (b) To receive, open and dispose of all mail addressed to Borrower in connection with a Lockbox such Credit Party and upon the occurrence of an Event of Default to notify postal authorities to change the address for delivery thereof to such address as Lender the Agent may designate; 10.3. (c) To request periodically at any time from customers indebted on Accounts, in the name of Borrower such Credit Party or a third party designee of Lenderthe Agent, customary information concerning the Accounts and the amounts owing thereon; 10.4. (d) To give customers indebted on Accounts notice of Lender’s the Lenders' interest therein, and/or to instruct such customers to make payment directly to Lender the Agent for Borrower’s such Credit Party's account; 10.5. (e) To take or bring, in the name of Lender the Agent, the Lenders or Borrowersuch Credit Party, all steps, actions, suits or proceedings deemed by Lender the Agent necessary or desirable to enforce or effect collection of the Accounts;; and (f) To file, record and register any or all of the Lenders' security interest in intellectual property of the Credit Parties with the United States Patent and Trademark Office or the United States Copyright Office.

Appointment as Attorney-in-Fact. Borrower Each Credit Party hereby irrevocably authorizes and appoints Lenderthe Administrative Agent, or any Person as Lender or agent the Administrative Agent may designate, as Borrower’s such Credit Party's attorney-in-fact, at Borrower’s the Credit Parties' cost and expense, to exercise exercise, subject to the limitations set forth in Section 10.2, all of the following powers upon the occurrence of an Event of Defaultpowers, which being coupled with an interest, shall be irrevocable until all of the Obligations to Lender the Lenders have been paid and satisfied in fullfull and all of the Commitments have been terminated: 10.1. (a) To receive, take, endorse, sign, assign and deliver, all in the name of Lender the Administrative Agent, the Lenders or Borrowersuch Credit Party, as the case may be, any and all checks, notes, drafts, and other documents or instruments relating to the Collateral and to apply such amount to the Obligations in accordance with this AgreementCollateral; 10.2. (b) To receive, open and dispose of all mail addressed to Borrower in connection with a Lockbox such Credit Party and upon the occurrence of an Event of Default to notify postal authorities to change the address for delivery thereof to such address as Lender the Administrative Agent may designate; 10.3. (c) To request periodically at any time from customers indebted on Accounts, in the name of Borrower such Credit Party or a third party designee of Lenderthe Administrative Agent, information concerning the Accounts and the amounts owing thereon; 10.4. (d) To give customers indebted on Accounts notice of Lender’s the Lenders' interest therein, and/or to instruct such customers to make payment directly to Lender the Administrative Agent for Borrower’s such Credit Party's account; 10.5. (e) To take or bring, in the name of Lender the Administrative Agent, the Lenders or Borrowersuch Credit Party, all steps, actions, suits or proceedings deemed by Lender the Administrative Agent necessary or desirable to enforce or effect collection of the Accounts;; and (f) To file, record and register any or all of the Lenders' security interest in intellectual property of any Credit Party with the United States Patent and Trademark Office.

Appointment as Attorney-in-Fact. Each Borrower hereby irrevocably authorizes and appoints Lenderthe Agent, or any Person as Lender or agent the Agent may designate, as such Borrower’s 's attorney-in-fact, at Borrower’s the Borrowers' cost and expense, to exercise exercise, subject to the limitations set forth in Section 10.2 hereof, all of the following powers upon the occurrence of an Event of Defaultpowers, which being coupled with an interest, shall be irrevocable until all of the Obligations to Lender the Lenders have been paid and satisfied in full: 10.1. (a) To receive, take, endorse, sign, assign and deliver, all in the name of Lender the Agent, the Lenders or such Borrower, as the case may be, any and all checks, notes, drafts, and other documents or instruments relating to the Collateral and to apply such amount to the Obligations in accordance with this AgreementCollateral; 10.2. (b) To receive, open and dispose of all mail addressed to such Borrower in connection with a Lockbox and upon the occurrence of an Event of Default to notify postal authorities to change the address for delivery thereof to such address as Lender the Agent may designate; 10.3. (c) To request periodically at any time from customers indebted on Accounts, in the name of such Borrower or a third party designee of Lenderthe Agent, information concerning the Accounts and the amounts owing thereon; 10.4. (d) To give customers indebted on Accounts notice of Lender’s the Lenders' interest therein, and/or to instruct such customers to make payment directly to Lender the Agent for such Borrower’s 's account; 10.5. (e) To take or bring, in the name of Lender the Agent, the Lenders or such Borrower, all steps, actions, suits or proceedings deemed by Lender the Agent reasonably necessary or desirable to enforce or effect collection of the Accounts;; and (f) To file, record and register any or all of the Lenders' security interest in intellectual property of the Borrowers with the United States Patent and Trademark Office.

Appointment as Attorney-in-Fact. Borrower Each Credit Party hereby irrevocably authorizes and appoints Lenderthe Agent, for the benefit of the Lenders, or any Person as Lender or agent the Agent may designate, as Borrowersuch Credit Party’s attorney-in-fact, at Borrowersuch Credit Party’s cost and expense, to exercise exercise, subject to the limitations set forth in Section 10.2, all of the following powers upon the occurrence of an Event of Defaultpowers, which being coupled with an interest, shall be irrevocable until all of the Obligations to Lender the Lenders have been paid and satisfied in fullfull and all of the Commitments have been terminated: 10.1. (a) To receive, take, endorse, sign, assign and deliver, all in the name of Lender the Agent, the Lenders or Borrowersuch Credit Party, as the case may be, any and all checks, notes, drafts, and other documents or instruments relating to the Collateral and to apply such amount to the Obligations in accordance with this AgreementCollateral; 10.2. (b) To receive, open and dispose of all mail addressed to Borrower in connection with a Lockbox such Credit Party and upon the occurrence of an Event of Default to notify postal authorities to change the address for delivery thereof to such address as Lender the Agent may designate; 10.3. (c) To request periodically at any time from customers indebted on Accounts, in the name of Borrower such Credit Party or a third party designee of Lenderthe Agent, information concerning the Accounts and the amounts owing thereon; 10.4. (d) To give customers indebted on Accounts notice of Lender’s the Lenders’ interest therein, and/or to instruct such customers to make payment directly to Lender the Agent for Borrowersuch Credit Party’s account; 10.5. (e) To take or bring, in the name of Lender the Agent, the Lenders or Borrowersuch Credit Party, all steps, actions, suits or proceedings deemed by Lender the Agent necessary or desirable to enforce or effect collection of the Accounts;; and (f) To file, record and register any or all of the Lenders’ security interest in intellectual property of the Credit Parties with the United States Patent and Trademark Office or the United States Copyright Office.

Appointment as Attorney-in-Fact. Each Borrower hereby irrevocably authorizes and appoints Lenderthe Agent, or any Person as Lender or agent the Agent may designate, as such Borrower’s 's attorney-in-fact, at Borrower’s the Borrowers' cost and expense, to exercise exercise, subject to the limitations set forth in SECTION 10.2, all of the following powers upon the occurrence of an Event of Defaultpowers, which being coupled with an interest, shall be irrevocable until all of the Obligations to Lender the Lenders have been paid and satisfied in fullfull and all of the Commitments have been terminated: 10.1. (a) To receive, take, endorse, sign, assign and deliver, all in the name of Lender the Agent, the Lenders or such Borrower, as the case may be, any and all checks, notes, drafts, and other documents or instruments relating to the Collateral and to apply such amount to the Obligations in accordance with this AgreementCollateral; 10.2. (b) To receive, open and dispose of all mail addressed to such Borrower in connection with a Lockbox and upon the occurrence of an Event of Default to notify postal authorities to change the address for delivery thereof to such address as Lender the Agent may designate; 10.3. (c) To request periodically at any time from customers indebted on Accounts, in the name of such Borrower or a third party designee of Lenderthe Agent, information concerning the Accounts and the amounts owing thereon; 10.4. (d) To give customers indebted on Accounts notice of Lender’s the Lenders' interest therein, and/or to instruct such customers to make payment directly to Lender the Agent for such Borrower’s 's account; 10.5. (e) To take or bring, in the name of Lender the Agent, the Lenders or such Borrower, all steps, actions, suits or proceedings deemed by Lender the Agent necessary or desirable to enforce or effect collection of the Accounts;; and (f) To file, record and register any or all of the Lenders' security interest in intellectual property of the Borrowers with the United States Patent and Trademark Office.

Appointment as Attorney-in-Fact. Each of the Borrower and the other Credit Parties, for itself and on behalf of its respective Subsidiaries, hereby irrevocably authorizes and appoints Lenderthe Agent, or any Person as Lender or agent the Agent may designate, as Borrower’s its attorney-in-fact, at Borrower’s its cost and expense, to exercise exercise, subject to the limitations set forth in SECTION 10.2, all of the following powers upon the occurrence of an Event of Defaultpowers, which being coupled with an interest, shall be irrevocable until all of the Obligations to Lender have been paid and satisfied in fullfull and all of the Commitments have been terminated: 10.1. (a) To receive, take, endorse, sign, assign and deliver, all in the name of Lender the Agent, the Lenders or Borrowersuch Person, as the case may be, any and all checks, notes, drafts, and other documents or instruments relating to the Collateral and to apply such amount to the Obligations in accordance with this AgreementCollateral; 10.2. (b) To receive, open and dispose of all mail addressed to Borrower in connection with a Lockbox such Person and upon the occurrence of an Event of Default to notify postal authorities to change the address for delivery thereof to such address as Lender the Agent may designate; 10.3. (c) To request periodically at any time from customers indebted on Accounts, in the name of Borrower such Person or a third party designee of Lenderthe Agent, information concerning the Accounts and the amounts owing thereon; 10.4. (d) To give customers indebted on Accounts notice of Lender’s the Agent's and the Lenders' interest therein, and/or to instruct such customers to make payment directly to Lender the Agent for Borrower’s such Person's account; 10.5. (e) To take or bring, in the name of Lender the Agent, the Lenders or Borrowersuch Person, all steps, actions, suits or proceedings deemed by Lender the Agent necessary or desirable to enforce or effect collection of the Accounts;; and 108 (f) To file, record and register any or all of the Agent's and the Lenders' security interest in intellectual property of such Person with the United States Patent and Trademark Office.

Appointment as Attorney-in-Fact. Each Borrower hereby irrevocably authorizes and appoints Lenderthe Agent, or any Person as Lender or agent the Agent may designate, as such Borrower’s 's attorney-in-fact, at Borrower’s the Borrowers' cost and expense, to exercise exercise, subject to the limitations set forth in Section 10.2 hereof, all of the following powers upon the occurrence of an Event of Defaultpowers, which being coupled with an interest, shall be irrevocable until all of the Obligations to Lender the Lenders have been paid and satisfied in full: 10.1. (a) To receive, take, endorse, sign, assign and deliver, all in the name of Lender the Agent, the Lenders or such Borrower, as the case may be, any and all checks, notes, drafts, and other documents or instruments relating to the Collateral and to apply such amount to the Obligations in accordance with this AgreementCollateral; 10.2. (b) To receive, open and dispose of all mail addressed to such Borrower in connection with a Lockbox and upon the occurrence of an Event of Default to notify postal authorities to change the address for delivery thereof to such address as Lender the Agent may designate; 10.3. (c) To request periodically at any time from customers indebted on Accounts, in the name of such Borrower or a third party designee of Lenderthe Agent, information concerning the Accounts and the amounts owing thereon; 10.4. (d) To give customers indebted on Accounts notice of Lender’s the Lenders' interest therein, and/or to instruct such customers to make payment directly to Lender the Agent for such Borrower’s 's account;; and 10.5. (e) To take or bring, in the name of Lender the Agent, the Lenders or such Borrower, all steps, actions, suits or proceedings deemed by Lender the Agent necessary or desirable to enforce or effect collection of the Accounts;.

Appointment as Attorney-in-Fact. Borrower Each Obligor hereby irrevocably authorizes and appoints Lenderthe Administrative Agent, or any Person as Lender or agent the Administrative Agent may designate, as Borrower’s such Obligor's attorney-in-fact, at Borrower’s the Obligors' cost and expense, to exercise exercise, subject to the limitations set forth in Section 10.2, all of the following powers upon the occurrence of an Event of Defaultpowers, which being coupled with an interest, shall be irrevocable until all of the Obligations to Lender the Lenders have been paid and satisfied in fullfull and all of the Commitments have been terminated: 10.1. (a) To receive, take, endorse, sign, assign and deliver, all in the name of Lender the Administrative Agent, the Lenders or Borrowersuch Obligor, as the case may be, any and all checks, notes, drafts, and other documents or instruments relating to the Collateral and to apply such amount to the Obligations in accordance with this AgreementCollateral; 10.2. (b) To receive, open and dispose of all mail addressed to Borrower in connection with a Lockbox such Obligor and upon the occurrence of an Event of Default to notify postal authorities to change the address for delivery thereof to such address as Lender the Administrative Agent may designate; 10.3. (c) To request periodically at any time from customers indebted on Accounts, in the name of Borrower such Obligor or a third party designee of Lenderthe Administrative Agent, information concerning the Accounts and the amounts owing thereon; 10.4. (d) To give customers indebted on Accounts notice of Lender’s the Lenders' interest therein, and/or to instruct such customers to make payment directly to Lender the Administrative Agent for Borrower’s such Obligor's account; 10.5. (e) To take or bring, in the name of Lender the Administrative Agent, the Lenders or Borrowersuch Obligor, all steps, actions, suits or proceedings deemed by Lender the Administrative Agent necessary or desirable to enforce or effect collection of the Accounts;; and (f) To file, record and register any or all of the Lenders' security interest in intellectual property of the Borrower with the United States Patent and Trademark Office.

Appointment as Attorney-in-Fact. The Borrower hereby irrevocably ------------------------------- authorizes and appoints Lender, the Agent or any Person or agent the Agent may designate as Lender may designate, as such Borrower’s 's attorney-in-fact, at the Borrower’s 's cost and expense, to exercise exercise, subject to the limitations set forth in Section 9.2 hereof, all of the ----------- following powers upon the occurrence of an Event of Defaultpowers, which being coupled with an interest, shall be irrevocable until all of the Obligations to Lender the Lenders have been paid and satisfied in full: 10.1. (a) To receive, take, endorse, sign, assign and deliver, all in the name of Lender the Agent, the Lenders or the Borrower, as the case may be, any and all checks, notes, drafts, and other documents or instruments relating to the Collateral and to apply such amount to the Obligations in accordance with this AgreementCollateral; 10.2. (b) To receive, open and dispose of all mail addressed to the Borrower in connection with a Lockbox and upon the occurrence of an Event of Default to notify postal authorities to change the address for delivery thereof to such address as Lender the Agent may designate; 10.3. (c) To request periodically at any time from customers indebted on Accounts, in the name of the Agent, the Lenders or the Borrower or a third party designee that of Lenderthe Agent's or Lenders' designee, information concerning the Accounts and the amounts owing thereon; 10.4. (d) To give customers indebted on Accounts notice of Lender’s the Lenders' interest therein, and/or to instruct such customers to make payment directly to Lender the Agent for the Borrower’s 's account; 10.5. (e) To take or bring, in the name of Lender the Agent, the Lenders or the Borrower, all steps, actions, suits or proceedings deemed by Lender the Agent necessary or desirable to enforce or effect collection of the Accounts;; and (f) To revise, update, amend and otherwise complete the Trademark Security Agreements and the Patent Security Agreements as the Agent may determine to be necessary or desirable to, and file, record and register any or all of the Trademark Security Agreements and the Patent Security Agreements with the United States Patent and Trademark Office in order to, assign and transfer the trademarks and patents covered thereby to any Person, including, without limitation, the Agent or any of the Lenders.