ATTORNEY-IN. FACT - , residing at Name of Attorney-in-Fact Street Address of Attorney-in-Fact City of , State of grant City of Attorney-in-Fact State of Attorney-in-Fact the Attorney-in-Fact the legal authority to act on my behalf for any power legal under law in regard to my financial decisions under the State of . State
ATTORNEY-IN. Fact Grantor hereby irrevocably appoints Beneficiary and its successors and assigns, as its attorney-in-fact, which agency is coupled with an interest and with full power of substitution, (a) to execute and/or record any notices of completion, cessation of labor or any other notices that Beneficiary deems appropriate to protect Beneficiary’s interest, if Grantor shall fail to do so within ten (10) days after written request by Beneficiary, (b) upon the issuance of a deed pursuant to the foreclosure of this Deed of ‘Trust or the delivery of a deed in lieu of foreclosure, to execute all instruments of assignment, conveyance or further assurance with respect to Collateral Property in favor of the grantee of any such deed and as may be necessary or desirable for such purpose, (c) to prepare, execute and file or record financing statements, continuation statements, applications for registration and like papers necessary to create, perfect or preserve Beneficiary’s security interests and Denver County, Co. rights in or to any of the Collateral Property, and (d) while any Event of Default exists, to perform any obligation of Grantor hereunder; provided, (i) Beneficiary shall not under any circumstances be obligated to perform any obligation of Grantor; (ii) any sums advanced by Beneficiary in such performance shall be added to and included in the Indebtedness and shall bear interest at the rate or rates at which interest is then computed on the Indebtedness provided that from the date incurred said advance is not repaid within five (5) days demand therefor; (iii) Beneficiary as such attorney-in-fact shall only be accountable for such funds as are actually received by Beneficiary; and (iv) Beneficiary shall not be liable to Grantor or any other person or entity for any failure to take any action which it is empowered to take under this Section.
ATTORNEY-IN. FACT. ---------------- Borrower hereby designates, appoints and empowers Lender irrevocably as its attorney-in-fact, at Borrower's cost and expense, to do in the name of Borrower any and all actions which Lender may reasonably deem necessary or advisable to protect, preserve or enforce its rights hereunder upon the failure, refusal or inability of Borrower to do so within ten (10) days after notice by Lender to Borrower, and Borrower hereby agrees to indemnify and hold Lender harmless from any costs, damages, expenses or liabilities arising against or actually incurred by Lender in connection therewith, except those arising from the willful misconduct or gross negligence of Lender. This power of attorney, being coupled with an interest, shall be irrevocable, shall continue until all Obligations have been satisfied in full and this Agreement has been terminated by Lender in writing and shall be in addition to Lender's other rights, powers and remedies.
ATTORNEY-IN fact As and for additional security for the performance of its duties hereunder and to induce Landlord to enter into this Lease, the Tenant shall execute promptly such instruments or certificates to carry out the intent of Section 20 and Sections 23.01 and 23.02 above as shall be requested by the Landlord, or any mortgagee. If within fifteen (15) days after the date of a written request by Landlord, or any mortgagee to execute such instruments, the Tenant shall not have executed the same, the Landlord may, at its option, execute same on behalf of Tenant without incurring any liability on account thereof.
ATTORNEY-IN. Fact Buyer hereby irrevocably constitutes and appoints Seller or its assignees and any fact for the purpose of carrying out, from time to time, in Seller or its assignees' discretion, the terms of this Article, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Article, and, without limiting the generality of the foregoing, Buyer hereby gives Seller or its assignees the power and right, on behalf of Buyer and at Buyers expense, to do, at any time, or from time to time, all acts and things which Seller or its assignees deems necessary to protect its security interest and rights herein including, but not limited to, the execution on behalf of Buyer and the filing of this Agreement or any other agreement, lien, financing statement or notice required by applicable law in order to perfect its security interest all as fully and effectively as Buyer might do.
ATTORNEY-IN. FACT. Obligor hereby designates, appoints and empowers Agent irrevocably as its attorney-in-fact, at Obligor's cost and expense, to do in the name of Obligor any and all actions which Agent may deem necessary or advisable to carry out the terms of this Agreement upon the failure, refusal or inability of Obligor to do so and Obligor hereby agrees to indemnify and hold Agent harmless from any costs, damages, expenses or liabilities arising against or incurred by Agent in connection therewith.
ATTORNEY-IN. FACT. Each Originator hereby irrevocably designates and appoints the Company, the Primary Servicer, the Master Servicer and each member of the Lender Group, to the extent permitted by applicable law and regulation, as such Originator's attorneys-in-fact, which irrevocable power of attorney is coupled with an interest, with authority to (i) endorse or sign such Originator's name to financing statements, remittances, invoices, assignments, checks (other than payments from Governmental Entities), drafts or other instruments or documents in respect of the Batch Accounts, (ii) notify Insurers to make payments on the Batch Accounts directly to the Company, and (iii) bring suit in such Originator's name and settle or compromise such Batch Accounts as the Company, the Primary Servicer, the Master Servicer or any member of the Lender Group may, in its discretion, deem appropriate.
ATTORNEY-IN. FACT ---------------------------------- Microsoft hereby irrevocably constitutes and appoints Company, and its successors and assigns, as its attorney-in-fact, with full power of substitution, in its name or otherwise, on behalf of Microsoft for Company's use, to claim, demand, collect and receive at any time and from time to time any and all assets, properties, claims, accounts and other rights, tangible or intangible, real, personal or mixed sold, transferred, conveyed, assigned and delivered under this Assignment and Xxxx of Sale.
ATTORNEY-IN. FACT To the extent permitted by law, each Guarantor hereby appoints the Agent, for the benefit of the Secured Parties, as such Guarantor's attorney-in-fact for the purposes of carrying out the provisions of this Guaranty Agreement and making any action and executing any instrument which the Agent may deem necessary or advisable to accomplish the purposes hereof, which appointment is coupled with an interest and is irrevocable; provided that the Agent shall have and may exercise rights under this power of attorney only upon the occurrence and during the continuance of an Event of Default.
ATTORNEY-IN. FACT. Borrower hereby designates, appoints and empowers Lender irrevocably as its attorney-in-fact, effective during any time that an Event of Default exists, either in the name of Borrower or the name of Lender, at Borrower's cost and expense, to do any and all actions which Lender may deem necessary or advisable to carry out the terms of this Agreement or any other Loan Document upon the failure, refusal or inability of Borrower to do so after ten (10) days' advance written notice, and in connection therewith, to take any and all actions as Lender may deem necessary or desirable to realize upon any Obligations; and Borrower hereby agrees to indemnify and hold Lender harmless from any costs, damages, expenses or liabilities arising against or incurred by Lender in connection therewith.
