Appointment of Lender. If Lender assumes administration of collection of Rent pursuant to Section 11.2, SPE irrevocably appoints the Lender as its attorney-in-fact (such power being coupled with an interest) to do, in its sole and unlimited discretion, any or all of the following:
(a) to endorse or sign SPE's name on all checks, collections receipts, UCCs or other documents related to the Leases;
(b) to take possession of and open mail addressed to SPE or TSFC relating to such collection and remove Rent and proceeds and products of the Collateral;
(c) to ask, demand, collect, receive, sue xxx, compound and give acquittance for any and all payments assigned hereunder;
(d) to settle, adjust or compromise any claim thereunder as fully as it could itself;
(e) to endorse its name on all checks and other commercial paper given in payment or in part payment thereof; and
(f) in its discretion, to file any claim or take any other action or proceeding, either in Lender's own name or in its name, or otherwise, that Lender may deem necessary or appropriate to collect any and all sums that may be or become due or payable under the Leases or that may be necessary or appropriate to protect the right, title and interest of Lender in and to the Collateral and the security intended to be afforded thereby and hereby.
Appointment of Lender. Lender and each of its officers is irrevocably appointed (which appointment is coupled with an interest) attorney-in-fact for Borrower (with power of substitution) and is authorized to receive, receipt for, discharge and satisfy any condemnation award or judgment, whether joint or several, on behalf of Borrower, Borrower's legal representatives, successors and assigns; provided, however, that Lender shall not be liable for failure to collect any condemnation award.
Appointment of Lender as Borrower's Lawful Attorney-In-Fact. Borrower, irrevocably designates, makes, constitutes and appoints Lender (and all persons designated by Lender) as Borrower's true and lawful attorney and agent in-fact and Lender, or Lender's agent, may, without notice to Borrower:
(a) At any time hereafter, endorse by writing or stamp Borrower's name on any checks, notes, drafts or any other payment relating to and/or proceeds of the Collateral which come into the possession of Lender or under Lender's control and deposit the same to the account of Lender for application to the Liabilities;
(b) At any time after the occurrence of a Default, in Borrower's or Lender's name: (i) demand payment of the Collateral; (ii) enforce payment of the Collateral, by legal proceedings or otherwise; (iii) exercise all of Borrower's rights and remedies with respect to the collection of the Collateral; (iv) settle, adjust, compromise, extend or renew the Accounts and the Special Collateral; (v) settle, adjust or compromise any legal proceedings brought to collect the Collateral; (vi) if permitted by applicable law, sell or assign the Collateral upon such terms, for such amounts and at such time or times as Lender deems advisable; (vii) satisfy and release the Accounts and Special Collateral; (viii) take control, in any manner, of any item of payment or proceeds referred to in Section 4.3; (ix) prepare, file and sign Borrower's name on any proof of claim in Bankruptcy or similar document against any Account Debtor; (x) prepare, file and sign Borrower's name on any notice of lien, assignment or satisfaction of lien or similar document in connection with the Collateral; (xi) do all acts and things necessary, in Lender's sole discretion, to fulfill Borrower's obligations under this Agreement; (xii) endorse by writing or stamp the name of Borrower upon any chattel paper, document, instrument, invoice, freight xxxx, xxxx of lading or similar document or agreement relating to the Collateral; and (xiii) use the information recorded on or contained in any data processing equipment and computer hardware and software relating to the Collateral to which Borrower has access; and
(c) At any time after the occurrence of a Default notify the post office authorities to change the address for delivery of Borrower's mail to an address designated by Lender and receive, open and dispose of all mail addressed to Borrower.
Appointment of Lender. Borrower irrevocably appoints, designates, --------------------- and authorizes Lender as its agent (said agency being coupled with an interest) to file for record any notices of completion or any other notice that Lender deems necessary or desirable to protect its interest hereunder or under the Security Documents. This power of attorney is solely for the benefit and protection of Lender, its successors and assigns and Lender shall have no obligation to exercise this power in any event. This power of attorney is a power coupled with an interest and shall be irrevocable so long as any part of the Construction Loan or any indebtedness or obligations of Borrower to Lender arising in connection with the Construction Loan remain unpaid or unperformed.
Appointment of Lender as Borrower's Lawful Attorney-In-Fact. Borrower irrevocably designates, makes, constitutes and appoints Lender (and all persons designated by Lender) as Borrower's true and lawful attorney and agent in-fact and Lender, or Lender's agent, may, without notice to Borrower:
(a) At any time hereafter, endorse by writing or stamp Borrower's name on any checks, notes, drafts or any other payment relating to and/or proceeds of the Collateral which come into the possession of Lender or under Lender's control and deposit the same to the account of Lender for application to the Liabilities.
(b) At any time after the occurrence of an Event of Default which is continuing, in Borrower's or Lender's name: (i) demand payment of the Collateral; (ii) enforce payment of the Collateral, by legal proceedings or otherwise; (iii) exercise
Appointment of Lender. If Lender assumes administration of collection of Rent pursuant to Section 11.2, SPE hereby irrevocably appoints the Lender as its attorney-in-fact (such power being coupled with an interest) to do, in its sole and unlimited discretion, any or all of the following:
(a) to endorse or sign SPE's name on all checks, collections receipts, UCCs, or other documents related to the Collateral;
(b) to take possession of and open mail addressed to SPE or TSFC relating to such collection and remove Rent and proceeds and products of the Collateral;
(c) to ask, demand, collect, receive, sue xxx, compound, and give acquittance for any and all payments assigned hereunder;
(d) to settle, adjust, or compromise any claim related to the Collateral as fully as it could itself;
(e) to endorse its name on all checks and other commercial paper given in payment or in part payment thereof; and
(f) in its discretion, to file any claim or take any other action or proceeding, either in Lender's own name or in its name, or otherwise, that Lender may deem
Appointment of Lender. At any time or times, in order to comply with any legal requirement in any jurisdiction, the Lender may appoint a bank or trust company or one or more other Persons with such power and authority as may be necessary for the effectual operation of the provisions hereof and may be specified in the instrument of appointment.
Appointment of Lender as Borrower's Attorney-in-Fact. Borrower hereby irrevocably designates, makes, constitutes and appoints Lender (and all officers, employees, agents and other Persons designated by Lender) as Borrower's true and lawful attorney-in-fact, and authorizes Lender, in Borrower's or Lender's name, to:
(a) following the occurrence and during the continuance of a Default (i) demand payment of Accounts;
Appointment of Lender as Borrower's Lawful Attorney. ---------------------------------------------------- Borrower irrevocably appoints Lender (and all persons designated by Lender) as Borrower's true and lawful attorney-in-fact to act in Borrower's place in Borrower's or Lender's name to: (i) demand payment of the Pledged Contracts, other Collateral consisting of payment obligations and Contract Rights;
Appointment of Lender. If Lender assumes administration of collection of Rent pursuant to Section 11.2, TSFC irrevocably appoints the Lender as its attorney-in-fact (such power being coupled with an interest) to do, in its sole and unlimited discretion, any or all of the following:
(a) to endorse or sign TSFC's ' name on all checks, collections receipts, UCC's or other documents related to the Leases;
(b) to take possession of and open mail addressed to TSFC relating to such collection and remove Rent and proceeds and products of the Collateral;