Common use of Assignee Appointed Attorney-in-Fact Clause in Contracts

Assignee Appointed Attorney-in-Fact. The Assignors hereby irrevocably constitute and appoint the Assignee, its successors and assigns, its true and lawful attorney-in-fact, with full power and authority and with full power of substitution, at the expense of the Assignors, either in the Assignee's own name or in the name of the Assignors, at any time and from time to time, in each case as the Assignee in its sole discretion may determine (i) to take any and all appropriate action and to execute any and all documents and instruments that may be necessary or desirable to accomplish the purposes of this Agreement and (ii) upon the occurrence and during the continuance of an Event of Default: (a) to take any action and execute any instruments that such attorney-in-fact may deem necessary or advisable to accomplish the purposes hereof; (b) to ask, demand, collect, receive, receipt for, sxx for, compound, and give acquittance for any and all sums or properties that may be or become due, payable, or distributable in respect of the Collateral or that constitute a part thereof, with full power to settle, adjust, or compromise any claim thereunder or therefor as fully as the Assignors could do; (c) to endorse or sign the name of the Assignors on all instruments given in payment or in part payment thereof and all documents of satisfaction, discharge, or receipt required or requested in connection therewith; and (d) to file or take any action or institute any case or proceeding that the Assignee may deem necessary or appropriate to collect or otherwise realize upon any or all of the Collateral, or effect a transfer thereof, or that may be necessary or appropriate to protect and preserve the right, title, and interest of the Assignee in and to the Collateral and the security intended to be afforded hereby.

Assignee Appointed Attorney-in-Fact. (a) The Assignors Assignor hereby irrevocably constitute appoints and appoint constitutes the Assignee, its successors and assigns, its true and lawful attorney-in-fact, irrevocably, with full power and authority and with full power of substitution, at the expense of the Assignors, either in the Assignee's own name or (in the name of the AssignorsAssignor or otherwise), at any time and from time to time, in each case as the Assignee in its sole discretion may determine (i) to take any and all appropriate action and to execute any and all documents and instruments that may be necessary or desirable to accomplish the purposes of this Agreement and (ii) upon the occurrence and during the continuance of an Event of Default: (a) Default and so long as such Event of Default shall be continuing, to carry out the provisions of this Assignment and to take any action and execute any instruments that such attorney-in-fact which the Assignee may deem necessary or advisable to accomplish the purposes hereof; (b) , including without limitation, to ask, require, demand, collect, receive, receipt for, sxx for, compound, compound and give acquittance for any and all sums moneys and claims for moneys due and to become due under or properties that may be or become due, payable, or distributable in respect arising out of the Collateral or that constitute a part thereofassigned hereby, with full power to settle, adjust, or compromise any claim thereunder or therefor as fully as the Assignors could do; (c) to endorse any checks or sign the name of the Assignors on all other instruments given in payment or in part payment thereof and all documents of satisfaction, discharge, or receipt required or requested orders in connection therewith; and (d) therewith and to file any claims or to take any action or institute any case or proceeding that proceedings which the Assignee may deem necessary or appropriate to collect or otherwise realize upon any or all advisable in the premises, including, without limitation, termination of the Collateral, or Management Agreement. (b) The Assignor hereby further authorizes the Assignee to file financing statements (including Form UCC-l and UCC-3) and amendments thereto as provided in Article 9 of the Uniform Commercial Code in effect a transfer thereof, or that may be necessary or appropriate to protect and preserve in the right, titleState of New York, and interest to make such other filings as the Assignee may reasonably deem necessary in connection with the perfection of the Assignee Assignee’s security interest in the Collateral hereby assigned. (c) The powers and authority granted to the Collateral Assignee herein have been given for a valuable consideration, are coupled with an interest and the security intended are hereby declared to be afforded herebyirrevocable.

Assignee Appointed Attorney-in-Fact. The Assignors Assignor hereby irrevocably constitute constitutes and appoint appoints the Assignee, its successors and assigns, its true and lawful attorney-in-fact, with full power and authority and with full power of substitution, at the expense of the AssignorsAssignor, either in the Assignee's own name or in the name of the AssignorsAssignor, at any time and from time to time, in each case as the Assignee in its sole discretion may determine (i) to take any and all appropriate action and to execute any and all documents and instruments that may be necessary or desirable to accomplish the purposes of this Agreement and (ii) upon the occurrence and during the continuance of an Event of Default: (a) to take any action and execute any instruments that such attorney-in-fact may deem necessary or advisable to accomplish the purposes hereof; (b) to ask, demand, collect, receive, receipt for, sxx xxx for, compound, and give acquittance for any and all sums or properties that may be or become due, payable, or distributable in respect of the Collateral or that constitute a part thereof, with full power to settle, adjust, or compromise any claim thereunder or therefor as fully as the Assignors Assignor could do; (c) to endorse or sign the name of the Assignors Assignor on all instruments given in payment or in part payment thereof and all documents of satisfaction, discharge, or receipt required or requested in connection therewith; and (d) to file or take any action or institute any case or proceeding that the Assignee may deem necessary or appropriate to collect or otherwise realize upon any or all of the Collateral, or effect a transfer thereof, or that may be necessary or appropriate to protect and preserve the right, title, and interest of the Assignee in and to the Collateral and the security intended to be afforded hereby.

Assignee Appointed Attorney-in-Fact. The Assignors Each Assignor hereby irrevocably constitute constitutes and appoint the appoints Assignee, its successors and assigns, its true and lawful attorney-in-fact, with full power and authority and with full power of substitution, at the expense of the Assignorssuch Assignor, either in the Assignee's ’s own name or in the name of the Assignorssuch Assignor, at any time and from time to time, in each case as the Assignee in its sole discretion may determine (i) to take any and all appropriate action and to execute any and all documents and instruments that may be necessary or desirable to accomplish the purposes of this Agreement and (ii) upon the occurrence and during the continuance of an Event of Default: (a) to take any action and execute any instruments that such attorney-in-fact may deem necessary or advisable to accomplish the purposes hereof; (b) to ask, demand, collect, receive, receipt for, sxx xxx for, compound, and give acquittance for any and all sums or properties that may be or become due, payable, or distributable in respect of the Collateral or that constitute a part thereof, with full power to settle, adjust, or compromise any claim thereunder or therefor as fully as the Assignors applicable Assignor could do; (c) to endorse or sign the name of the Assignors applicable Assignor on all instruments given in payment or in part payment thereof and all documents of satisfaction, discharge, or receipt required or requested in connection therewith; and (d) to file or take any action or institute any case or proceeding that the Assignee may deem necessary or appropriate to collect or otherwise realize upon any or all of the Collateral, or effect a transfer thereof, or that may be necessary or appropriate to protect and preserve the right, title, and interest of the Assignee in and to the Collateral and the security intended to be afforded hereby.

Assignee Appointed Attorney-in-Fact. The Assignors Assignor hereby irrevocably constitute constitutes and appoint the appoints Assignee, its successors and assigns, its true and lawful attorney-in-fact, with full power and authority and with full power of substitution, at the expense of the AssignorsAssignor, either in the Assignee's own name or in the name of the AssignorsAssignor, at any time and from time to time, in each case as the Assignee in its sole discretion may determine (i) to take any and all appropriate action and to execute any and all documents and instruments that may be necessary or desirable to accomplish the purposes of this Agreement and (ii) upon the occurrence and during the continuance of an Event of Default: (a) to take any action and execute any instruments that such attorney-in-fact may deem necessary or advisable to accomplish the purposes hereof; (b) to ask, demand, collect, receive, receipt for, sxx xxx for, compound, and give acquittance for any and all sums or properties that may be or become due, payable, or distributable in respect of the Collateral or that constitute a part thereof, with full power to settle, adjust, or compromise any claim thereunder or therefor as fully as the Assignors Assignor could do; (c) to endorse or sign the name of the Assignors Assignor on all instruments given in payment or in part payment thereof and all documents of satisfaction, discharge, or receipt required or requested in connection therewith; and (d) to file or take any action or institute any case or proceeding that the Assignee may deem necessary or appropriate to collect or otherwise realize upon any or all of the Collateral, or effect a transfer thereof, or that may be necessary or appropriate to protect and preserve the right, title, and interest of the Assignee in and to the Collateral and the security intended to be afforded hereby.

Assignee Appointed Attorney-in-Fact. The Assignors Assignor hereby irrevocably constitute constitutes and appoint appoints the Assignee, its successors and assigns, its true and lawful attorney-in-fact, with full power and authority and with full power of substitution, at the expense of the AssignorsAssignor, either in the Assignee's ’s own name or in the name of the AssignorsAssignor, at any time and from time to time, in each case as the Assignee in its sole discretion may determine (i) to take any and all appropriate action and to execute any and all documents and instruments that may be necessary or desirable to accomplish the purposes of this Agreement and (ii) upon the occurrence and during the continuance of an Event of Default: (a) to take any action and execute any instruments that such attorney-in-fact may deem necessary or advisable to accomplish the purposes hereof; (b) to ask, demand, collect, receive, receipt for, sxx for, compound, and give acquittance for any and all sums or properties that may be or become due, payable, or distributable in respect of the Collateral or that constitute a part thereof, with full power to settle, adjust, or compromise any claim thereunder or therefor as fully as the Assignors Assignor could do; (c) to endorse or sign the name of the Assignors Assignor on all instruments given in payment or in part payment thereof and all documents of satisfaction, discharge, or receipt required or requested in connection therewith; and (d) to file or take any action or institute any case or proceeding that the Assignee may deem necessary or appropriate to collect or otherwise realize upon any or all of the Collateral, or effect a transfer thereof, or that may be necessary or appropriate to protect and preserve the right, title, and interest of the Assignee in and to the Collateral and the security intended to be afforded hereby.

Assignee Appointed Attorney-in-Fact. The Assignors hereby irrevocably constitute and appoint the Assignee, its successors and assigns, its true and lawful attorney-in-in fact, with full power and authority and with full power of substitution, at the expense of the Assignors, either in the Assignee's ’s own name or in the name of the Assignors, at any time and from time to time, in each case as the Assignee in its sole discretion may determine (i) to take any and all appropriate action and to execute any and all documents and instruments that may be necessary or desirable to accomplish the purposes of this Agreement and (ii) upon the occurrence and during the continuance of an Event of Default: (a) to take any action and execute any instruments that such attorney-in-fact may deem necessary or advisable to accomplish the purposes hereof; (b) to ask, demand, collect, receive, receipt for, sxx for, compound, and give acquittance for any and all sums or properties that may be or become due, payable, or distributable in respect of the Collateral or that constitute a part thereof, with full power to settle, adjust, or compromise any claim thereunder or therefor as fully as the Assignors could do; (c) to endorse or sign the name of the Assignors on all instruments given in payment or in part payment thereof and all documents of satisfaction, discharge, or receipt required or requested in connection therewith; and (d) to file or take any action or institute any case or proceeding that the Assignee may deem necessary or appropriate to collect or otherwise realize upon any or all of the Collateral, or effect a transfer thereof, or that may be necessary or appropriate to protect and preserve the right, title, and interest of the Assignee in and to the Collateral and the security intended to be afforded hereby.

Assignee Appointed Attorney-in-Fact. (a) The Assignors Assignor hereby irrevocably constitute and appoint constitutes the Assignee, its successors and assigns, its true and lawful attorney-in-fact, irrevocably, with full power and authority and with full power of substitution, at the expense of the Assignors, either in the Assignee's own name or substitution (in the name of the AssignorsAssignor), at any time and from time to time, in each case as the Assignee in its sole discretion may determine (i) to take any and all appropriate action and to execute any and all documents and instruments that may be necessary or desirable to accomplish the purposes of this Agreement and (ii) upon the occurrence and during the continuance of an Event of Default: (a) Default and so long as such Event of Default shall be continuing, to carry out the provisions of this Assignment and to take any action and execute any instruments that such attorney-in-fact which the Assignee may deem necessary or advisable to accomplish the purposes hereof; (b) , including without limitation, to ask, require, demand, collect, receive, receipt for, sxx for, compound, compound and give acquittance for any and all sums moneys and claims for moneys due and to become due under or properties that may be or become due, payable, or distributable in respect arising out of the Collateral or that constitute a part thereofCollateral, with full power to settle, adjust, or compromise any claim thereunder or therefor as fully as the Assignors could do; (c) to endorse any checks or sign the name of the Assignors on all other instruments given in payment or in part payment thereof and all documents of satisfaction, discharge, or receipt required or requested orders in connection therewith; and (d) therewith and to file any claims or to take any action or institute any case or proceeding that proceedings which the Assignee may deem necessary or appropriate to collect or otherwise realize upon any or all advisable in the premises, including, without limitation, termination of the Collateral, or effect a transfer Charter to the extent permitted by the terms thereof, or that may be necessary or appropriate . (b) The Assignor hereby further authorizes the Assignee to protect file Financing Statements (including Form UCC-l and preserve UCC-3) and amendments thereto as provided in Article 9 of the right, titleUniform Commercial Code, and interest any other instrument of like effect, as the Assignee may reasonably deem necessary in connection with the perfection of the Assignee Assignee’s security interest in the Collateral. (c) The powers and authority granted to the Collateral Assignee herein have been given for valuable consideration, are coupled with an interest and the security intended are hereby declared to be afforded herebyirrevocable.