Common use of Attorney and Agent-In-Fact Clause in Contracts

Attorney and Agent-In-Fact. Borrower irrevocably hereby designates, makes, constitutes and appoints Agent, and all Persons designated by Agent, as Borrower’s true and lawful attorney and agent-in fact, in Borrower’s or Agent’s name, to at any time: (A) demand payment of the Accounts and Possessory Collateral; (B) enforce payment of the Accounts and Possessory Collateral by legal proceedings or otherwise; (C) exercise all of Borrower’s rights and remedies with respect to the collection of the Accounts and Possessory Collateral; (D) settle, adjust, compromise, extend or renew the Accounts and Possessory Collateral; (E) settle, adjust or compromise any legal proceedings brought to collect the Accounts and Possessory Collateral; (F) sell or assign the Accounts and Possessory Collateral upon such terms, for such amounts and at such time or times as Agent deems advisable; (G) discharge and release the Accounts and Possessory Collateral; (H) take control, in any manner, of any item of payment or proceeds referred to in Section 4.5 above; (I) 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 and Possessory Collateral; (J) prepare, file and sign Borrower’s name on any Proof of Claim in bankruptcy or similar document against any Account Debtor; (K) do all acts and things necessary, in Agent’s sole discretion, to fulfill Borrower’s obligations under this Loan Agreement; (L) endorse the name of Borrower upon any of the items of payment or proceeds referred to in Section 4.5 above and to deposit the same on account of the Liabilities; (M) 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 and Possessory Collateral; and (N) sign the name of Borrower to verifications of the Accounts and Possessory Collateral and notices thereof to Account Debtors. Notwithstanding the foregoing, the remedies set forth in clauses (A) through (K) of this Section 5.8 will not be exercised by Agent until after the occurrence and during the continuance of an Event of Default.

Attorney and Agent-In-Fact. Each Borrower irrevocably hereby designates, makes, constitutes and appoints Agentthe Bank, and all Persons designated by Agentthe Bank, as such Borrower’s 's true and lawful attorney and agent-in fact, in any Borrower’s 's or Agent’s the Bank's name, to at any time: (A) demand payment of the Accounts and Possessory CollateralSpecial Collateral during the continuance of an Event of Default; (B) enforce payment of the Accounts and Possessory Special Collateral by legal proceedings or otherwiseotherwise during the continuance of an Event of Default; (C) exercise all of Borrower’s Borrowers' rights and remedies with respect to the collection of the Accounts and Possessory CollateralSpecial Collateral during the continuance of an Event of Default; (D) settle, adjust, compromise, extend or renew the Accounts and Possessory CollateralSpecial Collateral during the continuance of an Event of Default; (E) settle, adjust or compromise any legal proceedings brought to collect the Accounts and Possessory CollateralSpecial Collateral during the continuance of an Event of Default; (F) sell or assign the Accounts and Possessory Special Collateral upon such terms, for such amounts and at such time or times as Agent the Bank deems advisableadvisable during the continuance of an Event of Default; (G) discharge and release the Accounts and Possessory CollateralSpecial Collateral during the continuance of an Event of Default; (H) take control, in any manner, of any item of payment or proceeds referred to in Section 4.5 above; (I) prepare, file and sign Borrower’s any Borrowers' name on any notice of Lienlien, assignment or satisfaction of Lien lien or similar document in connection with the Accounts and Possessory Special Collateral; (J) prepare, file and sign any Borrower’s 's name on any Proof of Claim in bankruptcy or similar document against any Account Debtor; (K) do all acts and things necessary, in Agent’s the Bank's sole discretion, to fulfill Borrower’s Borrowers' obligations under this Loan AgreementAgreement during the continuance of an Event of Default; (L) endorse the name of any Borrower upon any of the items of payment or proceeds referred to in Section 4.5 above and to deposit the same on account of the Liabilities; (M) endorse the name of any Borrower upon any Chattel Paper, Document, Instrument, invoice, freight xxxx, xxxx of lading or similar document or agreement relating to the Accounts and Possessory Special Collateral; and (N) sign the name of any Borrower to verifications of the Accounts and Possessory Special Collateral and notices thereof to Account Debtors. Notwithstanding the foregoing, the remedies set forth in clauses (A) through (K) of this Section 5.8 will not be exercised by Agent until after the occurrence and during the continuance of an Event of Default.

Attorney and Agent-In-Fact. Each Borrower irrevocably hereby designates, makes, constitutes and appoints AgentLender, and all Persons designated by AgentLender, as such Borrower’s 's true and lawful attorney and agent-in fact, in such Borrower’s 's or Agent’s Lender's name, to at any timetime after the occurrence and during the continuance of an Event of Default: (A) demand payment of the Accounts and Possessory Special Collateral; (B) enforce payment of the Accounts and Possessory Special Collateral by legal proceedings or otherwise; (C) exercise all of such Borrower’s 's rights and remedies with respect to the collection of the Accounts and Possessory Special Collateral; (D) settle, adjust, compromise, extend or renew the Accounts and Possessory Special Collateral; (E) settle, adjust or compromise any legal proceedings brought to collect the Accounts and Possessory Special Collateral; (F) sell or assign the Accounts and Possessory Special Collateral upon such terms, for such amounts and at such time or times as Agent Lender deems advisable; (G) discharge and release the Accounts and Possessory Special Collateral; (H) take controlprepare, file and sign such Borrower's name on any notice of lien, assignment or satisfaction of lien or similar document in any manner, of any item of payment or proceeds referred to in Section 4.5 aboveconnection with the Accounts and Special Collateral; (I) prepare, file and sign such Borrower’s name on any notice of Lien, assignment or satisfaction of Lien or similar document in connection with the Accounts and Possessory Collateral; (J) prepare, file and sign Borrower’s 's name on any Proof of Claim in bankruptcy or similar document against any Account Debtor; (K) do all acts and things necessary, in Agent’s sole discretion, to fulfill Borrower’s obligations under this Loan Agreement; (LJ) endorse the name of Borrower upon any of the items of payment or proceeds referred to in Section 4.5 above and to deposit the same on account of the Liabilities; (M) endorse the name of such Borrower upon any Chattel Paper, Document, Instrument, invoice, freight xxxx, xxxx of lading or similar document or agreement relating to the Accounts and Possessory Special Collateral; and (N) sign the name of Borrower to verifications of the Accounts and Possessory Collateral and notices thereof to Account Debtors. Notwithstanding the foregoing, the remedies set forth in clauses (A) through (K) of do all acts and things necessary, in Lender's sole discretion, to fulfill such Borrower's obligations under this Section 5.8 will not be exercised by Agent until after the occurrence and during the continuance of an Event of DefaultLoan Agreement.

Attorney and Agent-In-Fact. Borrower irrevocably hereby designates, makes, constitutes and appoints AgentLender, and all Persons designated by AgentLender, as Borrower’s true and lawful attorney and agent-in fact, in Borrower’s or AgentLender’s name, to at any time: (A) demand payment of the Accounts and Possessory Special Collateral; (B) enforce payment of the Accounts and Possessory Special Collateral by legal proceedings or otherwise; (C) exercise all of Borrower’s rights and remedies with respect to the collection of the Accounts and Possessory Special Collateral; (D) settle, adjust, compromise, extend or renew the Accounts and Possessory Special Collateral; (E) settle, adjust or compromise any legal proceedings brought to collect the Accounts and Possessory Special Collateral; (F) sell or assign the Accounts and Possessory Special Collateral upon such terms, for such amounts and at such time or times as Agent Lender deems advisable; (G) discharge and release the Accounts and Possessory Special Collateral; (H) take control, in any manner, of any item of payment or proceeds referred to in Section 4.5 above; (I) 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 and Possessory Special Collateral; (J) prepare, file and sign Borrower’s name on any Proof of Claim in bankruptcy or similar document against any Account Debtor; (K) do all acts and things necessary, in AgentLender’s sole discretion, to fulfill Borrower’s obligations under this Loan Agreement; (L) endorse the name of Borrower upon any of the items of payment or proceeds referred to in Section 4.5 above and to deposit the same on account of the Liabilities; (M) 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 and Possessory Special Collateral; and (N) sign the name of Borrower to verifications of the Accounts and Possessory Special Collateral and notices thereof to Account Debtors. Notwithstanding the foregoing, the remedies set forth in clauses (A) through (K) of this Section 5.8 will not be exercised by Agent Lender until after the occurrence and during the continuance of an Event of Default.

Attorney and Agent-In-Fact. Borrower irrevocably hereby designates, makes, constitutes and appoints AgentLender, and all Persons designated by AgentLender, as Borrower’s true and lawful attorney and agent-in fact, in Borrower’s or AgentLender’s name, to at any timetime after the occurrence of an Event of Default or Unmatured Event of Default: (A) demand payment of the Accounts and Possessory Special Collateral; (B) enforce payment of the Accounts and Possessory Special Collateral by legal proceedings or otherwise; (C) exercise all of Borrower’s rights and remedies with respect to the collection of the Accounts and Possessory Special Collateral; (D) settle, adjust, compromise, extend or renew the Accounts and Possessory Special Collateral; (E) settle, adjust or compromise any legal proceedings brought to collect the Accounts and Possessory Special Collateral; (F) sell or assign the Accounts and Possessory Special Collateral upon such terms, for such amounts and at such time or times as Agent Lender deems advisable; (G) discharge and release the Accounts and Possessory Special Collateral; (H) take control, in any manner, of any item of payment or proceeds referred to in Section 4.5 aboveof the Collateral; (I) 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 and Possessory Special Collateral; (J) prepare, file and sign Borrower’s name on any Proof of Claim in bankruptcy or similar document against any Account Debtor; (K) do all acts and things necessary, in AgentLender’s sole discretion, to fulfill Borrower’s obligations under this Loan Agreement; (L) endorse the name of Borrower upon any of the items of payment or proceeds referred to in Section 4.5 above of the Collateral and to deposit the same on account of the Liabilities; (M) 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 and Possessory Special Collateral; and (N) sign the name of Borrower to verifications of the Accounts and Possessory Special Collateral and notices thereof to Account Debtors. Notwithstanding the foregoing, the remedies set forth in clauses (A) through (K) of this Section 5.8 will not be exercised by Agent until after the occurrence and during the continuance of an Event of Default.