AUTHORITY TO PERFORM. I authorize you to do anything you deem reasonably necessary to protect the Property, and perfect and continue your security interest in the Property. If I fail to perform any of my duties under this Agreement or any other security interest, you are authorized, without notice to me, to perform the duties or cause them to be performed. These authorizations include, but are not limited to, permission to:
A. pay and discharge taxes, liens, security interests or other encumbrances at any time levied or placed on the Property.
B. pay any rents or other charges under any lease affecting the Property.
C. order and pay for the repair, maintenance and preservation of the Property.
D. sign, when permitted by law, and file any financing statements on my behalf and pay for filing and recording fees pertaining to the Property.
E. place a note on any chattel paper indicating your interest in the Property.
F. take any action you feel necessary to realize on the Property, including performing any part of a contract or endorsing it in my name.
G. handle any suits or other proceedings involving the Property in my name.
H. prepare, file, and sign my name to any necessary reports or accountings.
I. make an entry on my books and records showing the existence of this Agreement.
J. notify any Account Debtor of your interest in the Property and tell the Account Debtor to make payments to you or someone else you name. If you perform for me, you will use reasonable care. Reasonable care will not include: any steps necessary to preserve rights against prior parties; the duty to send notices, perform services or take any other action in connection with the management of the Property; or the duty to protect, preserve or maintain any security interest given to others by me or other parties. Your authorization to perform for me will not create an obligation to perform and your failure to perform will not preclude you from exercising any other rights under the law or this Agreement. If you come into actual or constructive possession of the Property, you will preserve and protect the Property. For purposes of this paragraph, you will be in actual possession of the Property only when you have physical, immediate and exclusive control over the Property and you have affirmatively accepted that control. You will be in constructive possession of the Property only when you have both the power and the intent to exercise control over the Property.
AUTHORITY TO PERFORM. We may perform your duties to preserve and insure the Collateral if you or joint obligors fail to cure or perform any such duties after written notice from us. The cost of our performance is an obligation secured by this Contract, and is payable by you on demand and will bear interest from the date of expenditure by us to the date of payment by you at the Annual Percentage Rate disclosed on the first page of this Contract.
AUTHORITY TO PERFORM. Debtor authorizes Secured Party to do anything Secured Party deems reasonably necessary to protect the Property and Secured Party’s Interest in the Property. If Xxxxxx fails to perform any of Debtor’s duties under this Agreement, Secured Party is authorized, without notice to Debtor, to perform the duties or cause them to be performed. These authorizations include, but are not limited to, permission to pay for the repair, maintenance, and preservation of the Property and take any action to realize the value of the Property. Secured Party’s authority to perform for Debtor does not create an obligation to perform, and Secured Party’s failure to perform will not preclude Secured Party from exercising any other rights under the law or this Agreement. If Secured Party performs for Debtor, Secured Party will use reasonable care. Reasonable care will not include any steps necessary to preserve rights against prior parties or any duty to take action in connection with the management of the Property. If Secured Party performs for Debtor, Secured Party will use reasonable care. Reasonable care will not include any steps necessary to preserve rights against prior parties or any duty to take action in connection with the managements of the Property. If Secured Party comes into possession of the Property, Secured Party will preserve and protect the Property to the extent required by law. Secured Party’s duty of care with respect to the Property will be satisfied if Secured Party exercises reasonable care in the safekeeping of the Property or in the selection of a third party in possession of the Property. Secured Party may enforce the obligations of an account debtor or other persona obligated on the Property. Secured Party may exercise Debtor’s rights with respect to the account debtor’s or other person’ obligations to make payment or otherwise render performance to Debtor, and enforce any security interest that secures such obligations.
AUTHORITY TO PERFORM. Each of the parties to this Agreement hereby represents that it is duly authorized and empowered to execute, deliver and perform this Agreement and the transactions contemplated hereby, that such actions do not conflict with or violate any provision of law, regulation, or contract, deed of trust, agreement or other instrument to which it is a party or by which it is bound or to which it is subject and that no consent of any person or government regulatory agency to such person's performing its obligations under this Agreement is required which has not been obtained, and that this Agreement is a valid and binding obligation upon that party, enforceable in accordance with its terms.
AUTHORITY TO PERFORM. Each party confirms to the other that it has all requisite power and authority to execute, deliver and perform its obligations under this Agreement.
AUTHORITY TO PERFORM. If Lessee fails to perform any duty or any covenants in any Transaction Document or other agreement related to Lessee’s business, Lessor shall be hereby authorized, without notice, to perform such duty or covenant or cause such duty or covenant to be performed. Lessee appoints Lessor as attorney-in-fact to sign Lessee’s name or pay any amount necessary for performance. Lessor’s right to perform for Lessee shall not create an obligation to perform, and Lessor’s failure to perform will not preclude Lessor from exercising any of Lessor’s other rights under the law or any Transaction Document. Any amount paid by or incurred by Lessor may be added to the principal balance of Lessee’s debt to Lessor or offset by Lessor from any funds held by Lessor or held in trust or by a third party, for Lessee’s benefit or otherwise.
AUTHORITY TO PERFORM. If Xxxxxxxxx fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Xxxxxxxxx appoints Xxxxxx as attorney in fact to sign Xxxxxxxxx’s name or pay any amount necessary for performance. Xxxxxx’s right to perform for Xxxxxxxxx will not create an obligation to perform, and Xxxxxx’s failure to perform will not preclude Lender from exercising any of Lender’s other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Xxxxxx’s security interest in the Property, including completion of the construction.
AUTHORITY TO PERFORM. Each of the parties to this Agreement hereby represents that it is duly authorized and empowered to execute, deliver, and perform this Agreement and the transactions contemplated hereby, that such actions do not conflict with or violate any provision of law or contract.
AUTHORITY TO PERFORM. As of the date on which the Service Provider has executed and delivered this Participation Agreement to the Department, the Service Provider represents to the Department that each of the following statements is true and correct: (a) the Service Provider is validly existing and in good standing under the laws of the State of Georgia (see Attachment 2 Conditions of Participation); and (b) execution, delivery, and performance by the Service Provider of the Master Agreement, including the terms and conditions in this Participant Agreement, is within the Service Provider’s powers and has been duly authorized by the laws of the State of Georgia. During the Term, the Service Provider agrees to promptly provide any documentation or certifications that the Department may reasonably require in order to substantiate the representations set forth in this Section 1.
AUTHORITY TO PERFORM. Borrower authorizes Lender to do anything it deems reasonably necessary to protect the property, and to perfect and continue Lender’s security interest in the property. If Borrower fails any of its duties under the Note, or this Security Agreement, Lender is authorized, without notice to Borrower, to perform the duties or cause them to be performed, including but not limited to:
a. Pay and discharge taxes, liens, security interests, or other encumbrances at any time levied or placed on the property.
b. Pay any rents or other charges under any lease affecting the property.
c. Order and pay for the repair, maintenance and preservation of the property.
d. Sign, when permitted by law, and file any financing statements on Borrower’s behalf and pay for filing or recording fees.
e. Place a note on any chattel paper indicating Lender’s interest in the property.
f. Take any action Lender deems necessary to realize on the property, including performing any part of a contract or endorsing it in Borrower’s name.
g. Handle any suits or other proceedings involving the property in Borrower’s name.
h. Prepare, file and sign Borrower’s name to any necessary reports or accountings.
i. Make an entry on Borrower’s books or records showing the existence of this agreement. Lender has no obligation to perform for Borrower. But if Lender performs for Borrower, it will use reasonable care to preserve and protect the property.
