Appointment of Lender as Attorney-In-Fact Sample Clauses

Appointment of Lender as Attorney-In-Fact. Borrower hereby authorizes and appoints Lender as attorney-in-fact pursuant to Section 14.03(c).

Appointment of Lender as Attorney-In-Fact. Borrower hereby irrevocably makes, constitutes, and appoints Lender (and any officer of Lender or any Person designated by Lender for that purpose) as Borrower’s true and lawful proxy and attorney-in-fact (and agent-in-fact) in Borrower’s name, place, and stead, with full power of substitution, to: use any Reserve/Escrow Account Funds for the purpose of making or completing the Replacements, Repairs, or Restoration; make such additions, changes, and corrections to the Replacements, Repairs, or Restoration as shall be necessary or desirable to complete the Replacements, Repairs, or Restoration; employ such contractors, subcontractors, agents, architects, and inspectors as shall be required for such purposes; pay, settle, or compromise all bills and claims for materials and work performed in connection with the Replacements, Repairs, or Restoration, or as may be necessary or desirable for the completion of the Replacements, Repairs, or Restoration, or for clearance of title; adjust and compromise any claims under any and all policies of insurance required pursuant to this Loan Agreement and any other Loan Document, subject only to Borrower’s rights under this Loan Agreement; appear in and prosecute any action arising from any insurance policies; collect and receive the proceeds of insurance, and to deduct from such proceeds Lender’s expenses incurred in the collection of such proceeds; commence, appear in, and prosecute, in Lender’s or Borrower’s name, any Condemnation Action; settle or compromise any claim in connection with any Condemnation Action; execute all applications and certificates in the name of Borrower which may be required by any of the contract documents; prosecute and defend all actions or proceedings in connection with the Mortgaged Property or the rehabilitation and repair of the Mortgaged Property; take such actions as are permitted in this Loan Agreement and any other Loan Documents; execute such financing statements and other documents and to do such other acts as Lender may require to perfect and preserve Lender’s security interest in, and to enforce such interests in, the collateral; and carry out any remedy provided for in this Loan Agreement and any other Loan Documents, including endorsing Borrower’s name to checks, drafts, instruments and other items of payment and proceeds of the collateral, executing change of address forms with the postmaster of the United States Post Office serving the address of Borrower, changing the address ...

Appointment of Lender as Attorney-In-Fact. The Designated Lender hereby appoints the Lender as the Designated Lender’s agent and attorney-in-fact, and grants to the Lender an irrevocable power of attorney, to receive any and all payments to be made for the benefit of the Designated Lender under the Credit Agreement, to deliver and receive all notices and other communications under the Credit Agreement and other Loan Documents and to exercise on the Designated Lender’s behalf all rights to vote and to grant and make approvals, waivers, consents of amendments to or under the Credit Agreement or other Loan Documents. Any document executed by the Lender on the Designated Lender’s behalf in connection with the Credit Agreement or other Loan Documents shall be binding on the Designated Lender. The Borrower, the Agent and each of the Lenders may rely on and are beneficiaries of the preceding provisions.

Appointment of Lender as Attorney-In-Fact. Borrower hereby irrevocably, unconditionally and presently constitutes Lender as Borrower’s attorney-in-fact, with full power of substitution, to be exercised by Lender only upon the occurrence and during the continuation of an Event of Default, to exercise its rights under the Pledge Agreement (in its own name or the name of a designee) for purposes of preserving and protecting the Project or the collateral pledged under the Pledge Agreement and, as Lender in its sole discretion deems necessary or proper, to execute, acknowledge (when appropriate) and deliver all instruments and documents in the name of Borrower which may be necessary or desirable in order to do any and every act which Borrower might do on its own behalf in the performance of its obligations hereunder. This power of attorney is a power coupled with an interest and is irrevocable.

Appointment of Lender as Attorney-In-Fact. The Borrower irrevocably designates, makes, constitutes and appoints the Lender (and all persons reasonably designated by the Lender), with full power of substitution, as the Borrower’s respective true and lawful attorney-in-fact (and not agent-in-fact) and the Lender, or the Lender’s agent, may, without notice to the Borrower and at such time or times thereafter as the Lender or said agent, in its discretion, may determine, in the Borrower’s or the Lender’s name, at no duty or obligation on the Lender, do the following: (a) Following the occurrence and during the continuance of any Event of Default, all acts and things necessary to fulfill the Borrower’s administrative duties pursuant to this Agreement. (b) Following the occurrence and during the continuance of any Event of Default, all acts and things necessary to fulfill the Borrower’s obligations under this Agreement and the Credit Documents, except as otherwise set forth herein, at the cost and expense of the Borrower. (c) In addition to, but not in limitation of the foregoing, at any time or times upon the occurrence and during the continuance of an Event of Default, the Lender shall have the right: (i) to enter upon the Borrower’s premises and to receive and open all mail directed to the Borrower and remove all payments to the Borrower on the Collateral and considered Portfolio Cash Flow; (ii) in the name of the Borrower to notify the Post Office authorities to change the address for the delivery of mail addressed to the Borrower to such address as the Lender may designate (notwithstanding the foregoing, for the purposes of notice and service of process to or upon the Borrower as set forth in this Agreement, the Lender’s rights to change the address for the delivery of mail shall not give the Lender the right to change the address for notice and service of process to or upon the Borrower in this Agreement); (iii) demand, collect, receive for and give renewals, extensions, discharges and releases of any Collateral or other collateral described in any Credit Document; (iv) institute and prosecute legal and equitable proceedings to realize upon the Collateral or other collateral described in any Credit Document; (v) settle, compromise, compound or adjust claims in respect of any Collateral or other collateral described in any Credit Document or any legal proceedings brought in respect thereof; (vi) generally, sell in whole or in part for cash, credit or property to others or to itself at any public or ...

Appointment of Lender as Attorney-In-Fact. Each Guarantor irrevocably designates, makes, constitutes and appoints each Secured Party (and all persons reasonably designated by any Secured Party), with full power of substitution, as such Guarantor’s true and lawful attorney-in-fact (and not agent-in-fact) and each Secured Party, or such Secured Party’s agent, may, without notice to any Guarantor, and at such time or times thereafter as such Secured Party or said agent, in its discretion, may determine, in any Guarantor’s or such Secured Party’s name, at no duty or obligation on such Secured Party, do the following: (a) Upon the occurrence of any Guarantor Default, all acts and things necessary to fulfill the Guarantor’s obligations under this Agreement and the other Loan Documents, except as otherwise set forth herein, at the cost and expense of the Guarantors. (b) In addition to, but not in limitation of the foregoing, at any time or times upon the occurrence of a Guarantor Default, each Secured Party shall have the right: (i) to enter upon Guarantors’ premises and to receive and open all mail directed to the Guarantors and remove all payments to the Guarantors on the Guaranty Collateral; (ii) in the name of the Guarantors, to notify the Post Office authorities to change the address for the delivery of mail addressed to the Guarantors to such address as such Secured Party may designate; (iii) demand, collect, receive for and give renewals, extensions, discharges and releases of any Guaranty Collateral; (iv) institute and prosecute legal and equitable proceedings to realize upon the Guaranty Collateral; (v) settle, compromise, compound or adjust claims in respect of any Guaranty Collateral or any legal proceedings brought in respect thereof; (vi) generally, sell in whole or in part for cash, credit or property to others or to itself at any public or private sale, assign, make any agreement with respect to or otherwise deal with any of the Guaranty Collateral as fully and completely as though such Secured Party were the absolute owner thereof for all purposes, except to the extent limited by any applicable laws and subject to any requirements of notice to the Guarantors or other persons under applicable laws; (vii) take possession and control in any manner and in any place of any cash or non-cash items of payment or proceeds of Guaranty Collateral; (viii) endorse the name of the Guarantors upon any notes, acceptances, checks, drafts, money orders, chattel paper or other evidences of payment of Guarant...

Appointment of Lender as Attorney-In-Fact. Borrower hereby irrevocably makes, constitutes and appoints Lender (and any officer of Lender or any Person designated by Lender for that purpose) as Borrower’s true and lawful proxy and attorney-in-fact (and agent-in-fact) in Borrower’s name, place and stead, with full power of substitution, to:

Appointment of Lender as Attorney-In-Fact. Each of Horizon and USA does hereby irrevocably appoint Lender as its true and lawful attorney and agent-in-fact to endorse its names to such financing statements, notifications and other documents and communications required to maintain perfection of the security interests created under this Agreement. 7.11

Appointment of Lender as Attorney-In-Fact. For the purpose of enabling the Lender to exercise its rights under this Section 6 or otherwise in connection with this Agreement, the Borrower hereby (i) constitutes and appoints the Lender (and any of the Lender’s officers, employees or agents designated by the Lender) its true and lawful attorney-in-fact, with full power and authority to execute any notice, assignment, endorsement or other instrument or document, and to do any and all acts and things for and on behalf of the Borrower (including voting the Pledged Collateral and giving consents, notifications and waivers in respect thereof), which the Lender may deem necessary or desirable to protect, collect, realize upon and preserve the Pledged Collateral, to enforce the Lender’s rights with respect to the Pledged Collateral and to accomplish the purposes hereof, and (ii) appoints the Lender as its proxyholder with respect to the Pledged Collateral (including any Converted Securities) to attend and vote at any and all meetings of the shareholders of the Target held on or after the date of this proxy and prior to the termination hereof, with full power of substitution to do so and agrees, if so requested, to execute or cause to be executed appropriate proxies therefor; provided, however, that the Lender shall not exercise the forgoing rights set forth in this subsection (d) except while an Event of Default is continuing. Each such appointment is coupled with an interest and irrevocable so long as the Lenders have any Commitments or the Secured Obligations have not been paid and performed in full.

Appointment of Lender as Attorney-In-Fact. Borrower hereby appoints Lender as the attorney-in-fact of Borrower, with full power of substitution, and in the name of Borrower, if Lender elects to do so, upon the occurrence of an Event of Default, to (a) use such sums as are reasonably necessary, including any proceeds of the Loan and the Borrower's Deposit, if any, make such changes or corrections in the Plans, the construction of the Buildings, the Approved Budget, the Approved Construction Schedule, and employ such architects, engineers, and contractors as may be reasonably required for the purpose of completing the construction of the Buildings substantially in accordance with the Plans and Governmental Requirements; (b) execute all applications and certificates in the name of Borrower which may