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 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 ; and (xvi) notify post office authorities to change the address for delivery of such Borrower's mail to an address designated by Lender or its designee taken pursuant and receive and open all mail addressed to this Section 13.3 are hereby ratified such Borrower, and confirmed after removing all remittances and Lender or its designee shall not be liable for any acts other proceeds of omission or commission nor for any error of judgment or mistake of fact or law. This powerCollateral, being coupled with an interest, is irrevocable by Borrower until all Obligations of Borrower forwarding the mail to Lender are paid in fullsuch Borrower.

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 persons designated by Lender) as Borrower's true and lawful attorney (and agentattorney-in-fact) and Lender, or Lenderfact to act in Borrower'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, place in Borrower's or Lender's name, upon an Event of Default, to: (i) demand payment of the AccountsPledged Contracts, other Collateral consisting of payment obligations and Contract Rights; (ii) enforce payment of the AccountsPledged Contracts, other Collateral consisting of payment obligations and Contract Rights, by legal proceedings or otherwise; (iii) exercise all of Borrower's rights and remedies with respect to the collection and enforcement of the AccountsPledged Contracts, other Collateral consisting of payment obligations, and Contract Rights; (iv) settle, adjust, compromise, discharge, release, extend or renew the AccountsPledged Contracts, other Collateral consisting of payment obligations, and Contract Rights; (v) settle, adjust or compromise any legal proceedings brought to collect the Accounts; (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 and release the Accounts; (viiivi) take control, in any manner, of any item of payment relating or proceeds with respect to and/or proceeds of Collateral and the RealtyCollateral; (ixvii) prepare, file and sign Borrower's name on a any proof of claim in bankruptcy Bankruptcy or similar document against any Account DebtorContract Debtor or Contract Rights Payor; (xviii) 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; (xiix) do all acts and things necessary, in Lender's sole discretion, to fulfill Borrowerexercise Lender's obligations under rights granted in or referred to in Section 15.2 of this Agreement; (xiix) endorse the name of Borrower upon any of the items item of payment or proceeds consisting of or relating to and/or proceeds of the Collateral and the Realty and deposit the same to the account of Lender on account of for application to the ObligationsIndebtedness; (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 con-tained in any data processing equipment and computer hardware and software relating to the Accounts and Inventory Collateral to which Borrower has access; (xii) open Borrower's mail to collect Collateral and direct the Post Office to deliver Borrower's mail to an address designated by Lender; and (xiii) do all things necessary to carry out and enforce this Agreement which Borrower has failed to do. All Borrower ratifies and approves all acts of Lender or its designee taken pursuant to this Section 13.3 are hereby ratified and confirmed and as Borrower's attorney-in-fact. Lender or its designee shall not not, when acting as attorney-in-fact, be liable for any acts of omission or commission nor omissions as or for any error of judgment or mistake of fact or law, except for actions taken in bad faith. This power, being coupled with an interest, is irrevocable by Borrower until all Obligations payment and performance obligations of Borrower to Lender are have been fully satisfied. Borrower shall upon request of Lender execute powers of attorney to separately evidence the foregoing powers granted to Lender. All costs, fees and expenses incurred by Lender, or for which Lender becomes obligated, in connection with exercising any of the foregoing powers shall be payable to Lender by Borrower on demand by Lender and until paid in fullshall be part of the Loan.

APPOINTMENT OF LENDER AS BORROWER'S LAWFUL ATTORNEY. Upon and during the continuance of an Event of DefaultEffective immediately, Borrower hereby irrevocably designates, makes, constitutes and appoints Lender (and all Persons persons designated by Lender) Lender as Borrower's true and lawful attorney (and agentattorney-in-fact) and Lender, or Lender's agent, maywhich appointment is coupled with an interest to, without notice to Borrower, and at such time or times thereafter as Lender or said agent, in its sole discretion, discretion may determine, in Borrower's or Lender's name: , to (i) demand payment of the Accounts; (ii) and enforce payment of the Accounts, by legal proceedings or otherwise; (iiiii) exercise all of Borrower's rights and remedies with respect to the collection of the Accounts; (iv) , and settle, adjust, compromise, extend extend, release, discharge or renew the Accounts; (v) settlesame, adjust or compromise any including legal proceedings brought to collect the Accounts; (viiii) if to the extent permitted by applicable law, sell or assign the Collateral, including without limitation, the Accounts upon such terms, for such amounts and at such time or times as Lender deems advisable; (vii) discharge and release the Accounts; (viiiiv) take control, in any manner, of any Collateral, including without limitation Bank Accounts or any item of payment relating to and/or or proceeds of Collateral and the Realtyany Accounts; (ixv) prepare, file and sign Borrower's name on a any proof of claim in bankruptcy or similar document against any Account Debtor; (xvi) prepare, file and sign Borrower's 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 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; (xiiivii) 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 any Collateral, including without limitation, the Accounts or Inventory; (xiv) use Borrower's stationery Accounts, Inventory and sign the name of Borrower to verifications of the Accounts and notices thereof to Account DebtorsSpecial Collateral; 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 of ; and (viii) take such other actions deemed reasonable by the 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 the extent permitted by applicable law. This powerIn furtherance of the foregoing, being coupled with an interest, is irrevocable by Borrower until all Obligations of Borrower shall deliver to Lender in form annexed hereto as Exhibit J, a power of attorney letter addressed to any financial institutions in which Bank Accounts are paid in fullmaintained.

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 ; and (xvi) notify 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 and open all mail addressed to this Section 13.3 are hereby ratified Borrower, and confirmed after removing all remittances and Lender or its designee shall not be liable for any acts other proceeds of omission or commission nor for any error of judgment or mistake of fact or law. This powerCollateral, being coupled with an interest, is irrevocable by Borrower until all Obligations of Borrower forwarding the mail to Lender are paid in fullBorrower.