Common use of Attorneys-in-Fact Clause in Contracts

Attorneys-in-Fact. The Borrower hereby makes, constitutes and appoints the Agent, and its agents and designees, the true and lawful agents and attorneys-in-fact of the Borrower, with full power of substitution, to take any or all of the following actions during the continuance of an Event of Default: (i) to receive, open and dispose of all mail addressed to the Borrower relating to the Collateral, (ii) to notify and direct the United States Post Office authorities by notice given in the name of the Borrower and signed on its behalf, to change the address for delivery of all mail addressed to the Borrower relating to the Collateral to an address to be designated by the Agent, and to cause such mail to be delivered to such designated address where the Agent may open all such mail and remove therefrom any notes, checks, acceptances, drafts, money orders or other instruments in payment of the Collateral in which the Agent has a security interest hereunder and any documents relative thereto, with full power to endorse the name of the Borrower upon any such notes, checks, acceptances, drafts, money orders or other form of payment or on Collateral or security of any kind and to effect the deposit and collection thereof, and the Agent shall have the further right and power to endorse the name of the Borrower on any documents otherwise relating to such Collateral, and (iii) to do any and all other things necessary or proper to carry out the intent of this Agreement and to perfect and protect the liens and rights of the Agent created under this Agreement, including, without limitation, to claim, bring suit, settle or adjust any insurance proceeds claims relating to the Collateral. The Borrower agrees that neither the Lenders nor any of their officers, directors, shareholders, employees, counsel, agents, designees or attorneys-in-fact will be liable for any acts of commission or omission, or for any error of judgment or mistake of fact or law, except for any acts of gross negligence or willful misconduct. The powers granted hereunder are coupled with an interest and shall be irrevocable during the term hereof.

Appears in 2 contracts

Samples: Credit Agreement (Homestead Village Inc), Credit Agreement (Homestead Village Inc)

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Attorneys-in-Fact. The Borrower hereby makes, constitutes and appoints the Agent, and its agents and designees, the true and lawful agents and attorneys-in-fact of the Borrower, with full power of substitution, to take any or all of the following actions during the continuance of an Event of Default: : (i) to receive, open and dispose of all mail addressed to the Borrower relating to the CollateralCollateral Pool, (ii) to notify and direct the United States Post Office authorities by notice given in the name of the Borrower and signed on its behalf, to change the address for delivery of all mail addressed to the Borrower relating to the Collateral Pool to an address to be designated by the Agent, and to cause such mail to be delivered to such designated address where the Agent may open all such mail and remove therefrom any notes, checks, acceptances, drafts, money orders or other instruments in payment of the Collateral Pool in which the Agent has a security interest hereunder and any documents relative thereto, with full power to endorse the name of the Borrower upon any such notes, checks, acceptances, drafts, money orders or other form of payment or on the Collateral Pool or security of any kind and to effect the deposit and collection thereof, and the Agent shall have the further right and power to endorse the name of the Borrower on any documents otherwise relating to such CollateralCollateral Pool, and (iii) to do any and all other things necessary or proper to carry out the intent of this Agreement and to perfect and protect the liens Liens and rights of the Agent created under this Agreement, including, without limitation, to claim, bring suit, settle or adjust any insurance proceeds claims relating to the CollateralCollateral Pool. The Borrower agrees that neither the Lenders nor any of their officers, directors, shareholders, employees, counsel, agents, designees or attorneys-in-fact will be liable for any acts of commission or omission, or for any error of judgment or mistake of fact or law, except for any acts of gross negligence or willful misconduct. The powers granted hereunder are coupled with an interest and shall be irrevocable during the term hereof.

Appears in 2 contracts

Samples: Credit Agreement (G Reit Inc), Credit Agreement (G Reit Inc)

Attorneys-in-Fact. The Borrower hereby makes, constitutes and appoints the Agent, and its agents and designees, the true and lawful agents and attorneys-in-fact of the Borrower, with full power of substitution, to take any or all of the following actions during the continuance of an Event of Default:any (i) to receive, open and dispose of all mail addressed to the Borrower relating to the Collateral, (ii) to notify and direct the United States Post Office authorities by notice given in the name of the Borrower and signed on its behalf, to change the address for delivery of all mail addressed to the Borrower relating to the Collateral to an address to be designated by the Agent, and to cause such mail to be delivered to such designated address where the Agent may open all such mail and remove therefrom any notes, checks, acceptances, drafts, money orders or other instruments in payment of the Collateral in which the Agent has a security interest hereunder and any documents relative thereto, with full power to endorse the name of the Borrower upon any such notes, checks, acceptances, drafts, money orders or other form of payment or on Collateral or security of any kind and to effect the deposit and collection thereof, and the Agent shall have the further right and power to endorse the name of the Borrower on any documents otherwise relating to such Collateral, and (iii) to do any and all other things necessary or proper to carry out the intent of this Agreement and to perfect and protect the liens and rights of the Agent created under this Agreement, including, without limitation, to claim, bring suit, settle or adjust any insurance proceeds claims relating to the Collateral. The Borrower agrees that neither the Lenders nor any of their officers, directors, shareholders, employees, counsel, agents, designees or attorneys-in-fact will be liable for any acts of commission or omission, or for any error of judgment or mistake of fact or law, except for any acts of gross negligence or willful misconduct. The powers granted hereunder are coupled with an interest and shall be irrevocable during the term hereof.

Appears in 1 contract

Samples: Credit Agreement (Homestead Village Inc)

Attorneys-in-Fact. The Borrower hereby makes, constitutes and appoints the Administrative Agent, and its agents and designees, the true and lawful agents and attorneys-in-fact of the Borrower, with full power of substitution, to take any or all of the following actions during the continuance of an Event of Default: (i) to receive, open and dispose of all mail addressed to the Borrower relating to the Collateral, (ii) to notify and direct the United States Post Office authorities by notice given in the name of the Borrower and signed on its behalf, to change the address for delivery of all mail addressed to the Borrower relating to the Collateral to an address to be designated by the Administrative Agent, and to cause such mail to be delivered to such designated address where the Administrative Agent may open all such mail and remove therefrom any notes, checks, acceptances, drafts, money orders or other instruments in payment of the Collateral in which the Administrative Agent has a security interest hereunder and any documents relative thereto, with full power to endorse the name of the Borrower upon any such notes, checks, acceptances, drafts, money orders or other form of payment or on Collateral or security of any kind and to effect the deposit and collection thereof, and the Administrative Agent shall have the further right and power to endorse the name of the Borrower on any documents otherwise relating to such Collateral, and (iii) to do any and all other things necessary or proper to carry out the intent of this Agreement and to perfect and protect the liens and rights of the Administrative Agent created under this Agreement, including, without limitation, to claim, bring suit, settle or adjust any insurance proceeds claims relating to the Collateral. The Borrower agrees that neither the Lenders nor any of their officers, directors, shareholders, employees, counsel, agents, designees or attorneys-in-fact will be liable for any acts of commission or omission, or for any error of judgment or mistake of fact or law, except for any acts of gross negligence or willful misconduct. The powers granted hereunder are coupled with an interest and shall be irrevocable during the term hereof.

Appears in 1 contract

Samples: Credit Agreement (Homestead Village Inc)

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Attorneys-in-Fact. The Borrower hereby makes, constitutes and appoints the Agent, and its agents and designees, the true and lawful agents and attorneys-in-fact of the Borrower, with full power of substitution, to take any or all of the following actions during the continuance of an Event of Default: : (i) to receive, open and dispose of all mail addressed to the Borrower relating to the CollateralCollateral Pool, (ii) to notify and direct the United States Post Office authorities by notice given in the name of the Borrower and signed on its behalf, to change the address for delivery of all mail addressed to the Borrower relating to the Collateral Pool to an address to be designated by the Agent, and to cause such mail to be delivered to such designated address where the Agent may open all such mail and remove therefrom any notes, checks, acceptances, drafts, money orders or other instruments in payment of the Collateral Pool in which the Agent has a security interest hereunder and any documents relative thereto, with full power to endorse the name of the Borrower upon any such notes, checks, acceptances, drafts, money orders or other form of payment or on the Collateral Pool or security of any kind and to effect the deposit and collection thereof, and the Agent shall have the further right and power to endorse the name of the Borrower on any documents otherwise relating to such CollateralCollateral Pool, and (iii) to do any and all other things necessary or proper to carry out the intent of this Agreement and to perfect and protect the liens Liens and rights of the Agent created under this Agreement, including, without limitation, to claim, bring suit, settle or adjust any insurance proceeds claims relating to the CollateralCollateral Pool. The Borrower agrees that neither the Lenders nor any of their officers, directors, shareholders, employees, counsel, agents, designees or attorneys-in-fact will be liable for any acts of commission or omission, or for any error of judgment or mistake of fact or law, except for any acts of gross negligence or willful misconduct. The , the powers granted hereunder are coupled with an interest and shall be irrevocable during the term hereof.

Appears in 1 contract

Samples: Credit Agreement (G Reit Inc)

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