Common use of APPOINTMENT OF LENDER AS BORROWER'S LAWFUL ATTORNEY Clause in Contracts

APPOINTMENT OF LENDER AS BORROWER'S LAWFUL ATTORNEY. Upon and during the continuance of an Event of Default, 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, and at such time or times thereafter as Lender or said agent, in its sole discretion, may determine, in Borrower's or Lender's name: (i) demand payment of the Accounts; (ii) enforce payment of the Accounts, by legal proceedings or otherwise; (iii) exercise all of Borrower's rights and remedies with respect to the collection of the Accounts; (iv) settle, adjust, compromise, extend or renew the Accounts; (v) settle, adjust or compromise any legal proceedings brought to collect the Accounts; (vi) if permitted by applicable law, sell or assign the Accounts upon such terms, for such amounts and at such time or times as Lender deems advisable; (vii) discharge and release the Accounts; (viii) take control, in any manner, of any item of payment relating to and/or proceeds of Collateral and the Realty; (ix) prepare, file and sign Borrower's name on a 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 Accounts; (xi) do all acts and things necessary, in Lender's sole discretion, to fulfill Borrower's obligations under this Agreement; (xii) endorse the name of Borrower upon any of the items of payment relating to and/or proceeds of Collateral and the Realty and deposit the same to the account of Lender on account of the Obligations; (xiii) endorse the name of Borrower upon any chattel paper, document, instrument, invoice, freight xxxx, xxxx of lading or similar document or agreement relating to the Accounts or Inventory; (xiv) use Borrower's stationery and sign the name of Borrower to verifications of the Accounts and notices thereof to Account Debtors; and (xv) use the information recorded on or contained in any data processing equipment and computer hardware and software relating to the Accounts and Inventory to which Borrower has access. All acts of Lender or its designee taken pursuant to this Section 13.3 are hereby ratified and confirmed and Lender or its designee shall not be liable for any acts of omission or commission nor for any error of judgment or mistake of fact or law. This power, being coupled with an interest, is irrevocable by Borrower until all Obligations of Borrower to Lender are paid in full.

APPOINTMENT OF LENDER AS BORROWER'S LAWFUL ATTORNEY. Upon and during the continuance of an Event of DefaultIN-FACT. Borrower, Borrower irrevocably designates, makes, constitutes and appoints Lender (and all Persons persons designated by Lender) as Borrower's true and lawful attorney (and agent-agent in-fact) fact and Lender, or Lender's agent, may, without notice to Borrower: (A) At any time hereafter, and at such time endorse by writing or times thereafter as 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 said agent, under Lender's control and deposit the same to the account of Lender for application to the Liabilities in its sole discretion, may determineorder to preserve or protect Lender's security interest in the Collateral; (B) At any time after the occurrence of a Default, in Borrower's or Lender's name: (i) demand payment of the AccountsCollateral; (ii) enforce payment of the AccountsCollateral, by legal proceedings or otherwise; (iii) exercise all of Borrower's rights and remedies with respect to the collection of the AccountsCollateral; (iv) settle, adjust, compromise, extend or renew the AccountsAccounts and the Special Collateral; (v) settle, adjust or compromise any legal proceedings brought to collect the AccountsCollateral; (vi) if permitted by applicable law, sell or assign the Accounts Collateral upon such terms, for such amounts and at such time or times as Lender deems advisable; (vii) discharge satisfy and release the AccountsAccounts and Special Collateral; (viii) take control, in any manner, of any item of payment relating or proceeds referred to and/or proceeds of Collateral and the Realtyin Section 4.3; (ix) prepare, file and sign Borrower's name on a any proof of claim in bankruptcy 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 AccountsCollateral; (xi) do all acts and things necessary, in Lender's sole reasonable discretion, to fulfill Borrower's obligations under this Agreement; and (xii) endorse the name of Borrower upon any of the items of payment relating to and/or proceeds of Collateral and the Realty and deposit the same to the account of Lender on account of the Obligations; (xiii) 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 Accounts or Inventory; (xiv) use Borrower's stationery and sign the name of Borrower to verifications of the Accounts and notices thereof to Account Debtors; and (xv) use the information recorded on or contained in any data processing equipment and computer hardware and software relating to the Accounts and Inventory Collateral to which Borrower has access. All acts ; and (C) 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 in order to preserve or its designee taken pursuant to this Section 13.3 are hereby ratified and confirmed and Lender or its designee shall not be liable for any acts of omission or commission nor for any error of judgment or mistake of fact or law. This power, being coupled with an interest, is irrevocable by Borrower until all Obligations of Borrower to Lender are paid protect Lender's security interest in full.the Collateral;

APPOINTMENT OF LENDER AS BORROWER'S LAWFUL ATTORNEY. Upon and during the continuance of an Event of DefaultIN-FACT. Borrower, Borrower irrevocably designates, makes, constitutes and appoints Lender (and all Persons persons designated by Lender) as Borrower's true and lawful attorney (and agent-agent in-fact) fact and Lender, or Lender's agent, may, without notice to Borrower, and at such : (A) At any time or times thereafter as Lender or said agent, in its sole discretion, may determineafter the occurrence of an Event of Default, in Borrower's or Lender's name: (i) demand payment of the AccountsCollateral; (ii) enforce payment of the AccountsCollateral, by legal proceedings or otherwise; (iii) exercise all of Borrower's rights and remedies with respect to the collection of the AccountsCollateral; (iv) settle, adjust, compromise, extend or renew the AccountsAccounts and the Special Collateral; (v) settle, adjust or compromise any legal proceedings brought to collect the AccountsCollateral; (vi) if permitted by applicable law, sell or assign the Accounts Collateral upon such terms, for such amounts and at such time or times as Lender deems advisable; (vii) discharge satisfy and release the AccountsAccounts and Special Collateral; (viii) take control, in any manner, of any item of payment relating or proceeds referred to and/or proceeds of Collateral and the Realtyin Section 4.1; (ix) prepare, file and sign Borrower's name on a any proof of claim in bankruptcy 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 AccountsCollateral; (xi) do all acts and things necessary, in Lender's sole discretion, to fulfill Borrower's obligations under this Agreement; and (xii) endorse the name of Borrower upon any of the items of payment relating to and/or proceeds of Collateral and the Realty and deposit the same to the account of Lender on account of the Obligations; (xiii) 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 Accounts or Inventory; (xiv) use Borrower's stationery and sign the name of Borrower to verifications of the Accounts and notices thereof to Account Debtors; and (xv) use the information recorded on or contained in any data processing equipment and computer hardware and software relating to the Accounts and Inventory Collateral to which Borrower has access. All acts ; and (B) At any time after the occurrence of an Event of Default, notify the post office authorities to change the address for delivery of Borrower's mail to an address designated by Lender or its designee taken pursuant and receive, open and dispose of all mail addressed to this Section 13.3 are hereby ratified and confirmed and Lender or its designee shall not be liable for any acts of omission or commission nor for any error of judgment or mistake of fact or law. This power, being coupled with an interest, is irrevocable by Borrower until all Obligations of Borrower to Lender are paid in fullBorrower.

APPOINTMENT OF LENDER AS BORROWER'S LAWFUL ATTORNEY. Upon and during the continuance of an Event of Default, Each Borrower hereby irrevocably designates, makes, constitutes and appoints Lender Lender, (and all Persons persons designated by Lender) as such Borrower's true and lawful attorney (and agent-in-fact) and Lender, or Lender's agent, may, without notice to Borrower, and at such time or times thereafter as Lender or said agent, in its sole discretion, may determine, upon the occurrence of an Event of Default hereunder, in such Borrower's or Lender's name: (i) demand payment of the Accounts; (ii) enforce payment of the Accounts, by legal proceedings or otherwise; (iii) exercise all of such Borrower's rights and remedies with respect to the collection of the Accounts; Accounts and any other Collateral: (iv) settle, adjust, compromise, extend or renew the Accounts; (v) settle, adjust or compromise any legal proceedings brought to collect the Accounts; (vi) if permitted by applicable law, sell or assign the Accounts and other Collateral upon such terms, for such amounts and at such time or times as Lender deems advisable; : (vii) discharge and release the Accounts; Accounts and any other Collateral: (viii) take control, in any manner, of any item of payment or proceeds relating to and/or proceeds of Collateral and the Realty; any Collateral: (ix) prepare, file and sign such Borrower's name on a proof of claim in bankruptcy or similar document against any Account Debtor; (x) prepare, file and sign such Borrower's name on any notice of lienLien, assignment or satisfaction of lien Lien or similar document in connection with the Accounts; (xi) do all acts and things necessary, in Lender's sole discretion, to fulfill such Borrower's obligations under this Agreement; (xii) endorse the name of such Borrower upon any of the items of payment or proceeds relating to and/or proceeds of any Collateral and the Realty and deposit the same to the account of Lender on account of the Obligationsobligations; (xiii) endorse the name of such Borrower upon any chattel paper, document, instrument, invoice, freight xxxxbill, xxxx bill of lading or similar document or agreement docxxxxt xx xgreement relating to the Accounts or InventoryAccounts, Inventory and any other Collateral; (xiv) use such Borrower's stationery and sign the name of such Borrower to verifications of the Accounts and notices thereof to Account Debtors; and : (xv) use the information recorded on or contained in any data processing equipment and computer hardware and software relating to the Accounts Accounts, Inventory and Inventory any other Collateral to which such Borrower has access. All acts of Lender or its designee taken pursuant to this Section 13.3 are hereby ratified and confirmed and Lender or its designee shall not be liable for any acts of omission or commission nor for any error of judgment or mistake of fact or law. This power, being coupled with an interest, is irrevocable by Borrower until all Obligations of Borrower to Lender are paid in full.; and

APPOINTMENT OF LENDER AS BORROWER'S LAWFUL ATTORNEY. Upon and during the continuance of an Event of Default, Borrower hereby irrevocably designates, makes, constitutes and appoints Lender (and all Persons 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, and at such time or times thereafter as Lender or said agent, in its sole discretion, may determine, upon the occurrence of an Event of Default hereunder, in Borrower's or Lender's name: (i) demand payment of the Accounts; (ii) enforce payment of the Accounts, by legal proceedings or otherwise; (iii) exercise all of Borrower's rights and remedies with respect to the collection of the AccountsAccounts and any other Collateral; (iv) settle, adjust, compromise, extend or renew the Accounts; (v) settle, adjust or compromise any legal proceedings brought to collect the Accounts; (vi) if permitted by applicable law, sell or assign the Accounts and other Collateral upon such terms, for such amounts and at such time or times as Lender deems advisable; (vii) discharge and release the AccountsAccounts and any other Collateral; (viii) take control, in any manner, of any item of payment or proceeds relating to and/or proceeds of Collateral and the Realtyany Collateral; (ix) prepare, file and sign Borrower's name on a proof of claim in bankruptcy or similar document against any Account Debtor; (x) prepare, file and sign Borrower's name on any notice of lienLien, assignment or satisfaction of lien Lien or similar document in connection with the Accounts; (xi) do all acts and things necessary, in Lender's sole discretion, to fulfill Borrower's obligations under this Agreement; (xii) endorse the name of Borrower upon any of the items of payment or proceeds relating to and/or proceeds of any Collateral and the Realty and deposit the same to the account of Lender on account of the Obligations; (xiii) endorse the name of Borrower upon any chattel paper, document, instrument, invoice, freight xxxxbill, xxxx of xxll xx lading or similar document or agreement relating to the Accounts or InventoryAccounts, Inventory and any other Collateral; (xiv) use Borrower's stationery and sign the name of Borrower to verifications of the Accounts and notices thereof to Account Debtors; and (xv) use the information recorded on or contained in any data processing equipment and computer hardware and software relating to the Accounts Accounts, Inventory and Inventory any other Collateral to which Borrower has access. All acts of Lender or its designee taken pursuant to this Section 13.3 are hereby ratified and confirmed and Lender or its designee shall not be liable for any acts of omission or commission nor for any error of judgment or mistake of fact or law. This power, being coupled with an interest, is irrevocable by Borrower until all Obligations of Borrower to Lender are paid in full.; and

APPOINTMENT OF LENDER AS BORROWER'S LAWFUL ATTORNEY. Upon and during the continuance of an Event of Default, IN-FACT. Borrower irrevocably designates, makes, constitutes and appoints Lender (and all Persons persons designated by Lender) as Borrower's true and lawful attorney (and agent-agent in-fact) fact and Lender, or Lender's agent, may, may without notice to Borrower: (A) At any time endorse by writing or stamping Borrower's name on any checks, and at such time notes, drafts or times thereafter as any other payment relating to and/or proceeds of the Collateral which come into the possession of Lender or said agent, in its sole discretion, may determineunder 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 AccountsCollateral; (ii) enforce payment of the AccountsCollateral, by legal proceedings or otherwise; (iii) exercise all of Borrower's rights and remedies with respect to the collection of the AccountsCollateral; (iv) settle, adjust, compromise, extend or renew the Accounts; (v) settle, adjust or compromise any legal proceedings brought to collect the AccountsCollateral; (vi) if permitted by applicable law, sell or assign the Accounts Collateral upon such terms, for such amounts and at such time or times as Lender deems advisable; (vii) discharge satisfy and release the Accounts; (viii) take control, in any manner, of any item of payment relating to and/or proceeds of Collateral and the Realty; (ix) prepare, file and sign Borrower's name on a any proof of claim in bankruptcy Bankruptcy or similar document against any Account Debtor; (xix) prepare, file and sign Borrower's name on any notice of lien, assignment or satisfaction of lien or similar document in connection with the AccountsCollateral; (xix) do all acts and things necessary, in Lender's sole discretion, to fulfill Borrower's obligations under this Agreement; (xii) endorse the name of Borrower upon any of the items of payment relating to and/or proceeds of Collateral and the Realty and deposit the same to the account of Lender on account of the Obligations; (xiii) endorse the name of Borrower upon any chattel paper, document, instrument, invoice, freight xxxx, xxxx of lading or similar document or agreement relating to the Accounts or Inventory; (xiv) use Borrower's stationery and sign the name of Borrower to verifications of the Accounts and notices thereof to Account Debtors; and (xvxi) use the information recorded on or contained in any data processing equipment and computer hardware and software relating to the Accounts and Inventory Collateral to which Borrower has access. All acts ; and (C) Notify the post office authorities to change the address for delivery of Borrower's mail to an address designated by Lender or its designee taken pursuant and receive, open and dispose of all mail addressed to this Section 13.3 are hereby ratified and confirmed and Lender or its designee shall not be liable for any acts of omission or commission nor for any error of judgment or mistake of fact or law. This power, being coupled with an interest, is irrevocable by Borrower until all Obligations of Borrower to Lender are paid in fullBorrower.

APPOINTMENT OF LENDER AS BORROWER'S LAWFUL ATTORNEY. Upon and during the continuance of an Event of DefaultBorrower, Borrower irrevocably designates, makes, constitutes and appoints Lender (and all Persons designated by Lender) as Borrower's true and lawful attorney (and agent-in-in fact) and Lender, Lender or Lender's agent, may, without notice to Borrower, : 7.1.1 At any time after the occurrence and at such time or times thereafter as Lender or said agent, in its sole discretion, may determineduring the continuance of any Default under Section 6.1 other than Section 6.1.3, in Borrower's or Lender's name: name but in accordance with all requirements of law and the terms of any Loan or installment sale agreement with the applicable Account Debtor: (ia) demand payment of the HFI Accounts; ; (iib) enforce payment of the HFI Accounts, by legal proceedings or otherwise; ; (iiic) exercise all of Borrower's rights and remedies with respect to the collection of the HFI Accounts; ; (ivd) settle, adjust, compromise, extend or renew the HFI Accounts; ; (ve) settle, adjust or compromise any legal proceedings brought to collect the HFI Accounts; ; (vif) if permitted by applicable law, sell or assign the HFI Accounts upon such terms, for such amounts and at such time or times as Lender deems advisable; ; (viig) discharge and release the HFI Accounts; ; (viiih) take control, in any manner, of any item of payment relating to and/or or proceeds of Collateral and any of the Realty; Collateral; (ixi) prepare, file and sign Borrower's name on a proof any Proof of claim Claim in bankruptcy Bankruptcy or similar document against any Account Debtor; ; (xj) prepare, file and sign Borrower's name on any notice of lien, assignment or satisfaction of lien or similar document in connection with the HFI Accounts; ; (xik) do all acts and things necessary, in Lender's sole reasonable discretion, to fulfill Borrower's obligations under this Agreement; ; (xiil) endorse the name of Borrower upon any of the items of payment relating to and/or proceeds of Collateral and the Realty and deposit the same to the account of Lender on account of the Obligations; (xiii) 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 Accounts or InventoryHFI Accounts; and (xivm) use Borrower's stationery and sign for purposes of satisfying the name of Borrower to verifications of the Accounts and notices thereof to Account Debtors; and (xv) use Liabilities the information recorded on or contained in any data processing equipment and computer hardware and software relating to the HFI Accounts and Inventory to which Borrower has access. All acts ; and (n) notify the post office authorities to change the address for delivery of Borrower's mail to an address designated by Lender or its designee taken pursuant and receive, open and dispose of all mail addressed to this Section 13.3 are hereby ratified and confirmed and Lender or its designee shall not be liable for any acts of omission or commission nor for any error of judgment or mistake of fact or law. This power, being coupled with an interest, is irrevocable by Borrower until all Obligations of Borrower to Lender are paid in fullBorrower.

APPOINTMENT OF LENDER AS BORROWER'S LAWFUL ATTORNEY. Upon and during the continuance of an Event of Default, Each Borrower irrevocably designates, makes, makes constitutes and appoints Lender (and all Persons persons designated by Lender) as Borrower's its true and lawful attorney (and agent-agent in-fact) and Lender, or Lender's agent, may, without notice to Borrowerit: (A) At any time hereafter, and at such time endorse by writing or times thereafter as stamp its 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 said agentunder 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 its sole discretion, may determine, in Borrower's or Lender's name: (i) demand payment of the Accounts; (ii) enforce payment of the Accounts, by legal proceedings or otherwise; (iii) exercise all of Borrower's its rights and remedies with respect to the collection of the AccountsAccounts and Special Collateral; (iv) settle, adjust, compromise, extend or renew the Accounts; (v) settle, adjust or compromise any legal proceedings brought to collect the Accounts; (vi) if permitted by applicable law, sell or assign the Accounts and Special Collateral upon such terms, for such amounts and at such time or times as Lender deems advisable; (vii) discharge and release the AccountsAccounts and Special Collateral; (viii) take control, in any manner, of any item of payment relating or proceeds referred to and/or proceeds in Section 4.3 of Collateral and the Realtythis Agreement; (ix) prepare, file and sign Borrower's its name on a proof any Proof of claim Claim in bankruptcy Bankruptcy or similar document against any Account Debtor; (x) prepare, file and sign Borrower's its name on any notice of lien, assignment or satisfaction of lien or similar document in connection with the AccountsAccounts and Special Collateral; (xi) do all acts and things necessary, in Lender's sole discretion, to fulfill Borrower's its obligations under this Agreement; (xii) endorse the by writing or stamp its name of Borrower upon any of the items of payment relating to and/or proceeds of Collateral and the Realty and deposit the same to the account of Lender on account of the Obligations; (xiii) endorse the name of Borrower upon any chattel paper, document, instrument, invoice, freight xxxxbill, xxxx bill of lading or similar document or agreement relating to the Accounts or Inventory; (xiv) use Borrower's stationery Xxxxunxx, Inventory and sign the name of Borrower to verifications of the Accounts and notices thereof to Account DebtorsSpecial Collateral; and (xvxiii) use the information recorded on or contained in any data processing equipment and computer hardware and software relating to the Accounts Accounts, Inventory and Inventory Special Collateral to which Borrower it has access. All acts ; and (C) At any time after the occurrence of a Default, notify the post office authorities to change the address for delivery of its mail to an address designated by Lender or its designee taken pursuant and receive, open and dispose of all mail addressed to this Section 13.3 are hereby ratified and confirmed and Lender or its designee shall not be liable for any acts of omission or commission nor for any error of judgment or mistake of fact or law. This power, being coupled with an interest, is irrevocable by Borrower until all Obligations of Borrower to Lender are paid in fullit.