Common use of Attorney Clause in Contracts

Attorney. Section 10.1 By way of security, the Owner hereby irrevocably appoints the Mortgagee (and all officers, employees or agents designated by the Mortgagee), to be its attorney generally for and in the name and on behalf of the Owner, and as the act and deed or otherwise of the Owner to (i) execute, seal and deliver and otherwise perfect and do all such deeds, assurances, agreements, instruments, acts and things which may be required for the full exercise of all or any of the rights, powers or remedies conferred by this Mortgage, the Credit Agreement, any of the other Loan Documents or any Relevant Swap Agreement, or which may be deemed proper in or in connection with all or any of the purposes aforesaid (including, without prejudice to the generality of the foregoing, the execution and delivery of a bxxx of sale of the Vessel), and (ii) make, settle and adjust claims in respect of the Vessel under policies of insurance, endorsing the name of the Owner on any check, draft, instrument or other item of payment for the proceeds of such policies of insurance and for making all determinations and decisions with respect thereto. In the event that the Owner at any time or times shall fail to obtain or maintain any of the policies of insurances required hereby or under the Credit Agreement or to pay any premium in whole or part relating thereto, the Mortgagee may, without waiving or releasing any obligation or liability of the Owner hereunder or any Event of Default, in its sole discretion, obtain and maintain such policies of insurance and pay such premium and take any other actions with respect thereto as the Mortgagee reasonably deems advisable. All sums disbursed by the Mortgagee in connection with this Section 10.1, including reasonable documented attorneys’ fees, court costs, expenses and other charges relating thereto, shall be payable, upon demand, by the Owner to the Mortgagee and shall be additional Secured Obligations secured hereby. The Owner ratifies and confirms, and agrees to ratify and confirm, any lawful deed, assurance, agreement, instrument, act or thing which the Mortgagee may execute or do pursuant hereto, provided always that such power shall not be exercisable by or on behalf of the Mortgagee until the occurrence of an Event of Default which is continuing. Section 10.2 The exercise of such power by or on behalf of the Mortgagee shall not put any person dealing with the Mortgagee upon any inquiry as to whether any Event of Default has happened, nor shall such person be in any way affected by notice that no such Event of Default has happened, and the exercise by the Mortgagee of such power shall be conclusive evidence of the Mortgagee’s right to exercise the same. Section 10.3 The Owner hereby irrevocably appoints the Mortgagee to be its attorney in its name and on its behalf and as its act and deed or otherwise of it, to agree the form of and to execute and do all deeds, instruments, acts and things in order to file, record, register or enroll this Mortgage in any court, public office or elsewhere which the Mortgagee may in its discretion consider necessary or advisable, now or in the future, to ensure the legality, validity, enforceability or admissibility in evidence thereof and any other assurance, document, act or thing required to be executed by the Owner pursuant to Section 11.2. Section 10.4 The provisions of Section 6.08 of the Collateral Agreement shall apply mutatis mutandis.

Attorney. Section 10.1 By way of security, the Owner hereby irrevocably appoints the Mortgagee Collateral Agent (and all officers, employees or agents designated by the Mortgagee)Collateral Agent) and any Receiver, jointly and also severally, to be its attorney generally for and in the name and on behalf of the Owner, and as the act and deed or otherwise of the Owner to (i) execute, seal and deliver and otherwise perfect and do all such deeds, assurances, agreements, instruments, acts and things which may be required for the full exercise of all or any of the rights, powers or remedies conferred by the Mortgage, this MortgageDeed, the Credit Agreement, any Senior Secured Notes Indenture or any of the other Loan Documents or any Relevant Swap AgreementDocuments, or which may be deemed proper in or in connection with all or any of the purposes aforesaid (including, without prejudice to the generality of the foregoing, the execution and delivery of a bxxx of sale of the Vessel), and (ii) make, settle and adjust claims in respect of the Vessel Mortgaged Property under policies of insurance, endorsing the name of the Owner on any check, draft, instrument or other item of payment for the proceeds of such policies of insurance and for making all determinations and decisions with respect thereto. In the event that the Owner at any time or times shall fail to obtain or maintain any of the policies of insurances required hereby or under the Credit Agreement or any Senior Secured Notes Indenture or to pay any premium in whole or part relating thereto, the Mortgagee Collateral Agent and the Receiver may, without waiving or releasing any obligation or liability of the Owner hereunder or any Event of Default, in its sole discretion, obtain and maintain such policies of insurance and pay such premium and take any other actions with respect thereto as the Mortgagee Collateral Agent or the Receiver reasonably deems advisable. All sums disbursed by the Mortgagee Collateral Agent or the Receiver in connection with this Section 10.1, including reasonable documented attorneys’ fees, court costs, expenses and other charges relating thereto, shall be payable, upon demand, by the Owner to the Mortgagee Collateral Agent or the Receiver and shall be additional Secured Obligations secured hereby. The Owner ratifies and confirms, and agrees to ratify and confirm, any lawful deed, assurance, agreement, instrument, act or thing which the Mortgagee Collateral Agent or the Receiver may execute or do pursuant hereto, provided always that such power shall not be exercisable by or on behalf of the Mortgagee Collateral Agent until the occurrence of an Event of Default which is continuing. Section 10.2 The exercise of such power by or on behalf of the Mortgagee Collateral Agent or any Receiver shall not put any person dealing with the Mortgagee Collateral Agent or the Receiver upon any inquiry as to whether any Event of Default has happened, nor shall such person be in any way affected by notice that no such Event of Default has happened, and the exercise by the Mortgagee Collateral Agent or the Receiver of such power shall be conclusive evidence of the MortgageeCollateral Agent’s or such Receiver’s right to exercise the same. Section 10.3 The Owner hereby irrevocably appoints the Mortgagee Collateral Agent and any Receiver jointly and also severally to be its attorney in its name and on its behalf and as its act and deed or otherwise of it, to agree the form of and to execute and do all deeds, instruments, acts and things in order to file, record, register or enroll the Mortgage and/or this Mortgage Deed in any court, public office or elsewhere which the Mortgagee Collateral Agent may in its discretion consider necessary or advisable, now or in the future, to ensure the legality, validity, enforceability or admissibility in evidence thereof and any other assurance, document, act or thing required to be executed by the Owner pursuant to Section 11.2. Section 10.4 The provisions of Section 6.21 and Section 6.08 of the Collateral Agreement shall apply mutatis mutandis.

Attorney. Section 10.1 By way In-Fact. Subject to applicable law, including, without limitation, all applicable rules and regulations of securitythe NIGC, the Owner Authority hereby irrevocably constitutes and appoints the Mortgagee (Trustee, acting for and all officerson behalf of itself and each successor or assign of the Trustee, employees or agents designated by the Mortgagee)true and lawful attorney-in-fact of the Authority, to be its attorney generally for with full power and authority in the place and stead of the Authority and in the name and on behalf of the OwnerAuthority, and as the act and deed Trustee or otherwise to, upon the occurrence and during the continuance of an Event of Default, enforce all rights, interests and remedies of the Owner Authority with respect to (i) executethe Collateral, seal including, without limitation, the right: 12.1 to ask, require, demand, receive and deliver give acquittance for any and otherwise perfect all monies and do all such deeds, assurances, agreements, instruments, acts claims for monies due and things which may be required for to become due under or arising out of the full exercise of all Assigned Agreements or any of the rightsother Collateral, powers or remedies conferred by this Mortgage, the Credit Agreementincluding without limitation, any of insurance policies; 12.2 to elect remedies thereunder and to endorse any checks or other instruments or orders in connection therewith; 12.3 to file any claims or take any action or institute any proceedings in connection therewith which the other Loan Documents Trustee may reasonably deem to be necessary or any Relevant Swap Agreementadvisable; 12.4 to pay, settle or compromise all bills and claims which may be deemed proper in or in connection with become liens or security interests against any or all of the Collateral, or any part thereof, unless a bond or other security satisfactory to Trustee has been provided; and 12.5 upon foreclosure, subject to the limitations contained in Section 9.1, to do any and every act which the Authority may do on its behalf with respect to the Collateral or any part thereof and to exercise any or all of the purposes aforesaid (including, without prejudice to the generality Authority's rights and remedies under any or all of the foregoingAssigned Agreements; provided, the execution and delivery of a bxxx of sale of the Vessel)however, and (ii) make, settle and adjust claims in respect of the Vessel under policies of insurance, endorsing the name of the Owner on any check, draft, instrument or other item of payment for the proceeds of such policies of insurance and for making all determinations and decisions with respect thereto. In the event that the Owner at any time or times shall fail to obtain or maintain any of the policies of insurances required hereby or under the Credit Agreement or to pay any premium in whole or part relating thereto, the Mortgagee may, without waiving or releasing any obligation or liability of the Owner hereunder or any Event of Default, in its sole discretion, obtain and maintain such policies of insurance and pay such premium and take any other actions with respect thereto as the Mortgagee reasonably deems advisable. All sums disbursed by the Mortgagee in connection with this Section 10.1, including reasonable documented attorneys’ fees, court costs, expenses and other charges relating thereto, shall be payable, upon demand, by the Owner to the Mortgagee and shall be additional Secured Obligations secured hereby. The Owner ratifies and confirms, and agrees to ratify and confirm, any lawful deed, assurance, agreement, instrument, act or thing which the Mortgagee may execute or do pursuant hereto, provided always that such power Trustee shall not be exercisable by or on behalf of the Mortgagee until exercise any such rights except upon the occurrence and continuation of an Event of Default which Default. This power of attorney is continuing. Section 10.2 a power coupled with an interest and shall be irrevocable. The Trustee shall exercise of such power by or on behalf all remedies under this Agreement in accordance with the terms of the Mortgagee shall not put any person dealing with the Mortgagee upon any inquiry as to whether any Event of Default has happened, nor shall such person be in any way affected by notice that no such Event of Default has happened, and the exercise by the Mortgagee of such power shall be conclusive evidence of the Mortgagee’s right to exercise the sameIndenture. Section 10.3 The Owner hereby irrevocably appoints the Mortgagee to be its attorney in its name and on its behalf and as its act and deed or otherwise of it, to agree the form of and to execute and do all deeds, instruments, acts and things in order to file, record, register or enroll this Mortgage in any court, public office or elsewhere which the Mortgagee may in its discretion consider necessary or advisable, now or in the future, to ensure the legality, validity, enforceability or admissibility in evidence thereof and any other assurance, document, act or thing required to be executed by the Owner pursuant to Section 11.2. Section 10.4 The provisions of Section 6.08 of the Collateral Agreement shall apply mutatis mutandis.

Attorney. Section 10.1 By way For the purpose of security, enabling the Owner Mortgagee to obtain the full benefit of this deed the Mortgagor hereby irrevocably appoints the Mortgagee (Mortgagee, and all officers, employees or agents designated by any assignee of the Mortgagee)'s rights under this deed: (a) to be the attorney of the Mortgagor, at any time after the occurrence of an Enforcement Event, to be its attorney generally for and do anything which the Mortgagor agrees to do under the provisions of this deed or which in the name and on behalf opinion of the OwnerMortgagee or the attorney is reasonably necessary or expedient to give effect to any right, and as power or remedy conferred upon the act and Mortgagee by this deed or otherwise by law or otherwise; (b) to be the attorney of the Owner to Mortgagor, at any time after the occurrence of an Enforcement Event: (i) executeto receive from the Company dividends, seal bonuses, distributions, and deliver and otherwise perfect and do all such deedsother moneys, assurances, agreements, instruments, acts and things which may at any time be required payable or paid in respect of any Mortgaged Property; (ii) to sign any transfer of, and to transfer, any Mortgaged Property to any persons either on a sale thereof or to hold the same for the full exercise of all Mortgagee or otherwise; (iii) to appoint any person nominated by the Mortgagee as the Mortgagor's proxy or other representative of the Mortgagor with power to vote at any meeting of the Company; (iv) to attend and vote at any meeting of the Company; (v) to sign any resolution, entry or memorandum pursuant to section 362 of the Companies Act 1955 or section 122 of the Companies Act 1993, in such manner and for such purpose as the Mortgagee may from time to time direct; (vi) to commence, prosecute, settle and compromise actions or proceedings relating to any Mortgaged property; and (vii) to exercise any other rights, powers or remedies conferred by this Mortgage, which the Credit Agreement, any Mortgagor may have as the holder or owner of the other Loan Documents Shares or any Relevant Swap Agreement, or which may be deemed proper in or in connection with all or any of the purposes aforesaid (including, without prejudice to the generality of the foregoing, the execution and delivery of a bxxx of sale of the Vessel), and (ii) make, settle and adjust claims in respect of the Vessel under policies of insurance, endorsing the name of the Owner on any check, draft, instrument or other item of payment for the proceeds of such policies of insurance and for making all determinations and decisions with respect thereto. In the event that the Owner at any time or times shall fail to obtain or maintain any of the policies of insurances required hereby or under the Credit Agreement or to pay any premium in whole or part relating thereto, the Mortgagee may, without waiving or releasing any obligation or liability of the Owner hereunder or any Event of Default, in its sole discretion, obtain and maintain such policies of insurance and pay such premium and take any other actions with respect thereto as the Mortgagee reasonably deems advisable. All sums disbursed by the Mortgagee in connection with owner or beneficiary of any Rights mortgaged under this Section 10.1, including reasonable documented attorneys’ fees, court costs, expenses and other charges relating thereto, shall be payable, upon demand, by the Owner to the Mortgagee and shall be additional Secured Obligations secured hereby. The Owner ratifies and confirms, and agrees to ratify and confirm, any lawful deed, assurance, agreement, instrument, act or thing which the Mortgagee may execute or do pursuant hereto, provided always that such power shall not be exercisable by or on behalf of the Mortgagee until the occurrence of an Event of Default which is continuing. Section 10.2 The exercise of such power by or on behalf of the Mortgagee shall not put any person dealing with the Mortgagee upon any inquiry as to whether any Event of Default has happened, nor shall such person be in any way affected by notice that no such Event of Default has happened, and the exercise by the Mortgagee of such power shall be conclusive evidence of the Mortgagee’s right to exercise the same. Section 10.3 The Owner hereby irrevocably appoints the Mortgagee to be its attorney in its name and on its behalf and as its act and deed or otherwise of it, to agree the form of and to execute and do all deeds, instruments, acts and things in order to file, record, register or enroll this Mortgage in any court, public office or elsewhere which the Mortgagee may in its discretion consider necessary or advisable, now or in the future, to ensure the legality, validity, enforceability or admissibility in evidence thereof and any other assurance, document, act or thing required to be executed by the Owner pursuant to Section 11.2. Section 10.4 The provisions of Section 6.08 of the Collateral Agreement shall apply mutatis mutandis.

Attorney. Section 10.1 By way of security, the Owner hereby (a) The Issuer irrevocably appoints the Mortgagee (Trustee and all officers, employees or agents designated each receiver appointed by the Mortgagee), Trustee to be its attorney generally with full power of substitution (including the power to substitute the Trustee, any receiver appointed by it or any nominee for and in the name and on behalf Issuer under any or all of the Owner, and as the act and deed or otherwise of the Owner to (i) execute, seal and deliver and otherwise perfect and do all such deeds, assurances, agreements, instruments, acts and things which may be required for the full exercise of all or any of the rights, powers or remedies conferred by this Mortgage, the Credit Agreement, any of the other Loan Documents or any Relevant Swap Agreement, or which may be deemed proper in or in connection with all or any of the purposes aforesaid (including, without prejudice to the generality of the foregoing, the execution and delivery of a bxxx of sale of the Vessel), and (ii) make, settle and adjust claims in respect of the Vessel under policies of insurance, endorsing the name of the Owner on any check, draft, instrument or other item of payment for the proceeds of such policies of insurance and for making all determinations and decisions with respect thereto. In the event that the Owner at any time or times shall fail to obtain or maintain any of the policies of insurances required hereby or under the Credit Agreement or to pay any premium in whole or part relating thereto, the Mortgagee may, without waiving or releasing any obligation or liability of the Owner hereunder or any Event of Default, in its sole discretion, obtain and maintain such policies of insurance and pay such premium and take any other actions with respect thereto as the Mortgagee reasonably deems advisable. All sums disbursed by the Mortgagee in connection with this Section 10.1, including reasonable documented attorneys’ fees, court costs, expenses and other charges relating thereto, shall be payable, upon demand, by the Owner to the Mortgagee and shall be additional Secured Obligations secured hereby. The Owner ratifies and confirms, and agrees to ratify and confirm, any lawful deed, assurance, agreement, instrument, act or thing which the Mortgagee may execute or do pursuant hereto, provided always that such power shall not be exercisable by or on behalf of Receivables comprising the Mortgagee until the occurrence of an Event of Default which is continuing. Section 10.2 The exercise of such power by or on behalf of the Mortgagee shall not put any person dealing with the Mortgagee upon any inquiry as to whether any Event of Default has happened, nor shall such person be in any way affected by notice that no such Event of Default has happened, Security relate to) and the exercise by the Mortgagee of such power shall be conclusive evidence of the Mortgagee’s right to exercise the same. Section 10.3 The Owner hereby irrevocably appoints the Mortgagee to be its attorney in its name and or otherwise on its behalf and as its act and deed or otherwise of itto sign, to agree the form of and to execute seal, execute, deliver, perfect and do all deeds, instruments, acts and things in order to file, record, register which may be desirable or enroll this Mortgage in any court, public office necessary or elsewhere which the Mortgagee may Trustee or such receiver shall think proper or expedient for carrying out any obligations imposed on the Issuer hereunder or for exercising any of the powers hereby conferred in connection with any sale or disposition of any part of the assets comprising the Security pursuant to an Event of Default, or the exercise of any rights in respect thereof or for giving to the Trustee the full benefit of the Security created under this Deed and other Security Documents and so that the appointment hereby made shall operate to confer on the Trustee and such receiver, Authority to do on behalf of the Issuer anything which it can lawfully do as its discretion consider necessary or advisableattorney, now or and without prejudice to the generality of the foregoing the Issuer has appointed the Trustee, inter alia to: (i) execute and do all acts, deeds and things which the Issuer is authorized to execute and do under the covenants and provisions herein contained; (ii) generally use the name of the Issuer in the futureexercise of all or any of the powers conferred by these presents or by Indian law on the Trustee, or any receiver appointed by it; and (iii) execute on behalf of the Issuer, such documents and deeds as may be necessary to ensure give effect to the legalityprovisions of this Deed, validityand for the preservation, enforceability or admissibility in evidence thereof enforcement and realization of any other assuranceSecurity. (b) The Issuer hereby ratifies and confirms and agrees to ratify and confirm any deed, documentinstrument, act or thing required to be executed by which such attorney or substitute may execute or do, acting within the Owner pursuant to Section 11.2scope of its powers and authority under this Deed and the Transaction Documents. Section 10.4 The provisions of Section 6.08 of the Collateral Agreement shall apply mutatis mutandis.

Attorney. Section 10.1 By way of security, the Owner IN-FACT Mortgagor hereby irrevocably appoints the Mortgagee (and all officers, employees or agents designated by the Mortgagee), to be its attorney generally for and in the name and on behalf of the Owner, and as the act and deed or otherwise of the Owner to (i) execute, seal and deliver and otherwise perfect and do all such deeds, assurances, agreements, instruments, acts and things which may be required for the full exercise of all or any of the rights, powers or remedies conferred by this Mortgage, the Credit Agreement, any of the other Loan Documents or any Relevant Swap Agreement, or which may be deemed proper in or in connection with all or any of the purposes aforesaid (including, without prejudice to the generality of the foregoing, the execution and delivery of a bxxx of sale of the Vessel), and (ii) make, settle and adjust claims in respect of the Vessel under policies of insurance, endorsing the name of the Owner on any check, draft, instrument or other item of payment for the proceeds of such policies of insurance and for making all determinations and decisions with respect thereto. In the event that the Owner at any time or times shall fail to obtain or maintain any of the policies of insurances required hereby or under the Credit Agreement or to pay any premium in whole or part relating thereto, the Mortgagee may, without waiving or releasing any obligation or liability of the Owner hereunder or any Event of Default, in its sole discretion, obtain and maintain such policies of insurance and pay such premium and take any other actions with respect thereto as the Mortgagee reasonably deems advisable. All sums disbursed by the Mortgagee in connection with this Section 10.1, including reasonable documented attorneys’ fees, court costs, expenses and other charges relating thereto, shall be payable, upon demand, by the Owner to the Mortgagee and shall be additional Secured Obligations secured hereby. The Owner ratifies its successors and confirmsassigns, as its attorney-in-fact, which agency is coupled with an interest and agrees to ratify with full power of substitution, effective upon and confirm, any lawful deed, assurance, agreement, instrument, act or thing which during the Mortgagee may execute or do pursuant hereto, provided always that such power shall not be exercisable by or on behalf of the Mortgagee until the occurrence continuance of an Event of Default which is continuing. Section 10.2 The exercise (i) to execute and/or record any notices of such power completion, cessation of labor or any other notices that Mortgagee deems appropriate to protect Mortgagee’s interest, if Mortgagor shall fail to do so within ten (10) days after written request by Mortgagee, (ii) upon the issuance of a deed pursuant to the foreclosure of this Mortgage or on behalf the delivery of a deed in lieu of foreclosure, to execute all instruments of assignment, conveyance or further assurance with respect to the Leases, Rents, Deposit Accounts, Fixtures, Personalty, Property Agreements, Tax Refunds, Proceeds, Insurance and Condemnation Awards in favor of the Mortgagee shall not put grantee of any person dealing with such deed and as may be necessary or desirable for such purpose, (iii) to prepare, execute and file or record applications for registration and like papers (other than UCC filings, which no longer require execution by the Mortgagee upon debtor) reasonably necessary to create, perfect or preserve Mortgagee’s security interests and rights in or to any inquiry as to whether of the Mortgaged Property and (iv) while any Event of Default has happenedexists and is continuing, nor to perform any obligation of Mortgagor hereunder; provided, (a) Mortgagee shall not under any circumstances be obligated to perform any obligation of Mortgagor; (b) any sums advanced by Mortgagee in such person be in any way affected by notice that no such Event of Default has happened, and the exercise by the Mortgagee of such power performance shall be conclusive evidence of the Mortgagee’s right added to exercise the same. Section 10.3 The Owner hereby irrevocably appoints the Mortgagee to be its attorney in its name and on its behalf and as its act and deed or otherwise of it, to agree the form of and to execute and do all deeds, instruments, acts and things in order to file, record, register or enroll this Mortgage in any court, public office or elsewhere which the Mortgagee may in its discretion consider necessary or advisable, now or included in the future, Indebtedness and shall bear interest at the rate or rates at which interest is then computed on the Indebtedness; (c) Mortgagee as such attorney-in-fact shall only be accountable for such funds as are actually received by Mortgagee; and (d) Mortgagee shall not be liable to ensure the legality, validity, enforceability Mortgagor or admissibility in evidence thereof and any other assurance, document, act person or thing required entity for any failure to be executed by the Owner pursuant take any action which it is empowered to Section 11.2take under this Section. Section 10.4 The provisions of Section 6.08 of the Collateral Agreement shall apply mutatis mutandis.

Attorney. Section 10.1 By way of security, the Owner hereby irrevocably appoints the Mortgagee Collateral Agent (and all officers, employees or agents designated by the Mortgagee)Collateral Agent) and any Receiver, jointly and also severally, to be its attorney generally for and in the name and on behalf of the Owner, and as the act and deed or otherwise of the Owner to (i) execute, seal and deliver and otherwise perfect and do all such deeds, assurances, agreements, instruments, acts and things which may be required for the full exercise of all or any of the rights, powers or remedies conferred by the Mortgage, this MortgageDeed, the Credit Agreement, any Senior Secured Notes Indenture or any of the other Loan Documents or any Relevant Swap AgreementDocuments, or which may be deemed proper in or in connection with all or any of the purposes aforesaid (including, without prejudice to the generality of the foregoing, the execution and delivery of a bxxx xxxx of sale of the Vessel), and (ii) make, settle and adjust claims in respect of the Vessel Mortgaged Property under policies of insurance, endorsing the name of the Owner on any check, draft, instrument or other item of payment for the proceeds of such policies of insurance and for making all determinations and decisions with respect thereto. In the event that the Owner at any time or times shall fail to obtain or maintain any of the policies of insurances required hereby or under the Credit Agreement or any Senior Secured Notes Indenture or to pay any premium in whole or part relating thereto, the Mortgagee Collateral Agent and the Receiver may, without waiving or releasing any obligation or liability of the Owner hereunder or any Event of Default, in its sole discretion, obtain and maintain such policies of insurance and pay such premium and take any other actions with respect thereto as the Mortgagee Collateral Agent or the Receiver reasonably deems advisable. All sums disbursed by the Mortgagee Collateral Agent or the Receiver in connection with this Section 10.1, including reasonable documented attorneys’ fees, court costs, expenses and other charges relating thereto, shall be payable, upon demand, by the Owner to the Mortgagee Collateral Agent or the Receiver and shall be additional Secured Obligations secured hereby. The Owner ratifies and confirms, and agrees to ratify and confirm, any lawful deed, assurance, agreement, instrument, act or thing which the Mortgagee Collateral Agent or the Receiver may execute or do pursuant hereto, provided always that such power shall not be exercisable by or on behalf of the Mortgagee Collateral Agent until the occurrence of an Event of Default which is continuing. Section 10.2 The exercise of such power by or on behalf of the Mortgagee shall not put any person dealing with the Mortgagee upon any inquiry as to whether any Event of Default has happened, nor shall such person be in any way affected by notice that no such Event of Default has happened, and the exercise by the Mortgagee of such power shall be conclusive evidence of the Mortgagee’s right to exercise the same. Section 10.3 The Owner hereby irrevocably appoints the Mortgagee to be its attorney in its name and on its behalf and as its act and deed or otherwise of it, to agree the form of and to execute and do all deeds, instruments, acts and things in order to file, record, register or enroll this Mortgage in any court, public office or elsewhere which the Mortgagee may in its discretion consider necessary or advisable, now or in the future, to ensure the legality, validity, enforceability or admissibility in evidence thereof and any other assurance, document, act or thing required to be executed by the Owner pursuant to Section 11.2. Section 10.4 The provisions of Section 6.08 of the Collateral Agreement shall apply mutatis mutandis.