Common use of Authority of Lender Clause in Contracts

Authority of Lender. Credit Parties and Guarantors hereby authorize Lender, without notice or demand and without affecting its liability hereunder, from time to time to: (i) amend, alter, restate, replace, modify, renew, extend, accelerate or otherwise change the time for payment or the terms of the Obligations with Borrowers, including increasing or decreasing the Interest Rate thereon or the principal amount thereof; (ii) accept partial payments on the Obligations from Borrowers or Guarantors; (iii) accept new or additional documents, instruments or agreements relative to the Obligations; (iv) take and hold security or additional guaranties for the payment of the Obligations, and amend, alter, exchange, substitute, transfer, enforce, waive, subordinate, terminate, modify and release in any manner any such security or guaranties; (v) apply such security and direct the order or manner of sale thereof as Lender in its sole discretion may determine; (vi) release or substitute any Guarantor; (vii) settle, release on terms satisfactory to Lender (or by operation of law or otherwise), compound, compromise, collect or otherwise liquidate any indebtedness or security in any manner, consent to the transfer of security and bid and purchase at any sale, without affecting or impairing the Obligations of Borrowers or Credit Parties or Guarantors hereunder; or (viii) enforce any other right or remedy granted to Lender under this Agreement or under any of the other Loan Documents or under any Guaranty Agreement. No action which Lender shall take or fail to take in connection with this Agreement or any of the Loan Documents, or any of them, or any security for the Obligations or other undertakings of Borrowers, nor any course of dealing with Borrowers or Credit Parties or Guarantors, or any course of dealing with any other person or legal entity, shall release Borrower's Obligations or Credit Party's or Guarantor's responsibilities hereunder, shall affect this Agreement or the other Loan Documents in any way, or afford Borrowers or Credit Parties or Guarantors any recourse against Lender. Without limiting the generality of the foregoing, Borrowers agree that this Agreement shall extend and be applicable to each new or replacement Note delivered by Borrowers pursuant thereto without notice to or further consent from Credit Parties or Guarantors.

Appears in 2 contracts

Samples: Credit Agreement (Integrated Healthcare Holdings Inc), Credit Agreement (Integrated Healthcare Holdings Inc)

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Authority of Lender. Credit Parties Assignor hereby irrevocably appoints Lender the Assignor's true and Guarantors hereby authorize lawful attorney, with full power of substitution, in Assignor's name or in Lender's name, without notice or demand otherwise, for Lender's sole use and without affecting its liability hereunderbenefit, but at Assignor's cost and expense, to exercise at any time and from time to time to: (i) amend, alter, restate, replace, modify, renew, extend, accelerate or otherwise change the time for payment or the terms of the Obligations with Borrowers, including increasing or decreasing the Interest Rate thereon or the principal amount thereof; (ii) accept partial payments on the Obligations from Borrowers or Guarantors; (iii) accept new or additional documents, instruments or agreements relative to the Obligations; (iv) take and hold security or additional guaranties for the payment of the Obligations, and amend, alter, exchange, substitute, transfer, enforce, waive, subordinate, terminate, modify and release in any manner any such security or guaranties; (v) apply such security and direct the order or manner of sale thereof as Lender in its sole discretion may determine; (vi) release or substitute any Guarantor; (vii) settle, release on terms satisfactory to Lender (or by operation of law or otherwise), compound, compromise, collect or otherwise liquidate any indebtedness or security in any manner, consent to the transfer of security and bid and purchase at any sale, without affecting or impairing the Obligations of Borrowers or Credit Parties or Guarantors hereunder; or (viii) enforce any other right or remedy granted to Lender under this Agreement or under any of the other Loan Documents or under any Guaranty Agreement. No action which Lender shall take or fail to take in connection with this Agreement all or any of the Loan Documents, following powers with respect to all or any of themthe Collateral: (a) Upon the occurrence of any Event of Default as set forth in paragraph 5 above: Execution Form 5 Assignment of Share and VLPAs /Coronus Solar Inc. (i) To demand, xxx for, collect, receive and give acquittance for any and all moneys due or to become due upon or by virtue thereof. (ii) To receive, take, hold, endorse, collect, assign and deliver any and all checks, notes, drafts, documents and other negotiable and non-negotiable instruments and chattel paper taken or received by Lender in connection herewith. (iii) To settle, compromise, compound, prosecute or defend any action or proceeding with respect thereto. (iv) To sell, transfer, assign or otherwise deal in or with the same, or the proceeds or avails thereof, or to renew the same, as fully and effectively as if Lender were absolute the owner thereof, and to make any security allowance and other adjustment with reference thereto. (v) To collect on the Collateral, whether or not any action of Lender results in the imposition of any penalty. Assignor authorizes Lender from time to time to renew any Collateral at its maturity, on such terms as Lender deems appropriate. (b) Prior to or upon the occurrence of an Event of Default as set forth in paragraph 5 above: (i) To receive, take, hold, endorse and collect any and all checks, notes, drafts, documents and other negotiable and non-negotiable instruments and chattel paper and to retain in a cash collateral account the cash proceeds thereof and/or after an Event of Default to apply the same to the Obligations. (ii) To require the Assignor to effect collection on any such Collateral which has become due and to remit the proceeds (less reasonable costs of collection, including reasonable attorneys' fees and expenses) promptly upon receipt for deposit in a cash collateral account with the Obligations or other undertakings Lender. The powers conferred upon the attorney-in-fact hereunder are solely to protect the interest in the Collateral of Borrowers, the Lender and shall not impose any duty upon any such attorney-in-fact to exercise any such powers. The attorney-in-fact shall be accountable only for amounts that it actually receives as a result of the exercise of such powers and neither it nor any course of dealing with Borrowers its officers, directors, employees or Credit Parties or Guarantors, agents shall be responsible to Assignor or any course of dealing with Project Company for any other person act or legal entity, shall release Borrower's Obligations failure to act unless such action or Credit Party's or Guarantor's responsibilities hereunder, shall affect this Agreement or the other Loan Documents in any way, or afford Borrowers or Credit Parties or Guarantors any recourse against Lender. Without limiting the generality of the foregoing, Borrowers agree that this Agreement shall extend and be applicable failure to each new or replacement Note delivered by Borrowers pursuant thereto without notice to or further consent from Credit Parties or Guarantorsact constitutes gross negligence.

Appears in 1 contract

Samples: Collateral Assignment and Pledge Agreement (Coronus Solar Inc.)

Authority of Lender. Credit Parties and Guarantors hereby authorize authorizes Lender, without notice or demand and without affecting its liability hereunder, from time to time to: (i) amend, alter, restate, replace, modify, renew, extend, accelerate or otherwise change the time for payment or the terms of the Obligations with Borrowers, including increasing or decreasing the Interest Rate thereon or the principal amount thereof; (ii) accept partial payments on the Obligations from Borrowers or Guarantors; (iii) accept new or additional documents, instruments or agreements relative to the Obligations; (iv) take and hold security or additional guaranties for the payment of the Obligations, and amend, alter, exchange, substitute, transfer, enforce, waive, subordinate, terminate, modify and release in any manner any such security or guaranties; (v) apply such security and direct the order or manner of sale thereof as Lender in its sole discretion may determine; (vi) release or substitute any GuarantorGuarantors; (vii) settle, release on terms satisfactory to Lender (or by operation of law or otherwise), compound, compromise, collect or otherwise liquidate any indebtedness or security in any manner, consent to the transfer of security and bid and purchase at any sale, without affecting or impairing the Obligations of Borrowers or Credit Parties or Guarantors hereunder; or (viii) enforce any other right or remedy granted to Lender under this Agreement or under any of the other Loan Documents or under any Guaranty AgreementGuaranty. No action which Lender shall take or fail to take in connection with this Agreement or any of the Loan Documents, or any of them, or any security for the Obligations or other undertakings of Borrowers, nor any course of dealing with Borrowers or Credit Parties or GuarantorsParties, or any course of dealing with any other person or legal entity, shall release Borrower's Obligations or Credit Party's or Guarantor's responsibilities responsibility hereunder, shall affect this Agreement or the other Loan Documents in any way, or afford Borrowers or Credit Parties or Guarantors any recourse against Lender. Without limiting the generality of the foregoing, Borrowers agree agrees that this Agreement shall extend and be applicable to each new or replacement Note note delivered by Borrowers pursuant thereto without notice to or further consent from Credit Parties or GuarantorsParties.

Appears in 1 contract

Samples: Revolving Credit Agreement (Integrated Healthcare Holdings Inc)

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Authority of Lender. Each Credit Parties and Guarantors hereby authorize Party authorizes Lender, without notice or demand and without affecting its liability hereunder, from time to time to: (i) amend, alter, restate, replace, modify, renew, extend, accelerate or otherwise change the time for payment or the terms of the Obligations with BorrowersBorrower, including increasing increase or decreasing decrease the Interest Rate rate of interest thereon or the principal amount thereof; (ii) accept partial payments on the Obligations from Borrowers Borrower or Guarantorsany Guarantor; (iii) accept new or additional documents, instruments or agreements relative to the Obligations; (iv) take and hold security or additional guaranties for the payment of the Obligations, and amend, alter, exchange, substitute, transfer, enforce, waive, subordinate, terminate, modify and release in any manner any such security or guaranties; (v) apply such security and direct the order or manner of sale thereof as Lender in its sole discretion may determine; (vi) release or substitute any Guarantorone or more of any Guarantors; (vii) settle, release on terms satisfactory to Lender (or by operation of law or otherwise), compound, compromise, collect or otherwise liquidate any indebtedness or security in any manner, consent to the transfer of security and bid and purchase at any sale, without affecting or impairing the Obligations of Borrowers Borrower or any Credit Parties or Guarantors Party hereunder; or (viii) enforce any other right or remedy granted to Lender under this Agreement or under any of the other New Loan Documents or under any Guaranty AgreementGuaranty. No such action which Lender shall take or fail to take in connection with this Agreement or any of the New Loan Documents, or any of them, or any security for the Obligations or other undertakings of BorrowersBorrower, nor any course of dealing with Borrowers Borrower or any Credit Parties or GuarantorsParty, or any course of dealing with any other person or legal entity, shall release any Borrower's ’s Obligations or any Credit Party's or Guarantor's responsibilities ’s responsibility hereunder, shall affect this Agreement or the other New Loan Documents in any way, or afford Borrowers Borrower or any Credit Parties or Guarantors Party any recourse against Lender. Without limiting the generality of the foregoing, Borrowers agree Borrower agrees that this Agreement shall extend and be applicable to each new or replacement Note note delivered by Borrowers Borrower pursuant thereto without notice to or further consent from any Credit Parties or GuarantorsParty.

Appears in 1 contract

Samples: Credit Agreement (Integrated Healthcare Holdings Inc)

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