Common use of Collateral Agent Appointed Attorney-in-Fact Clause in Contracts

Collateral Agent Appointed Attorney-in-Fact. The Pledgor hereby irrevocably appoints the Collateral Agent the Pledgor's attorney-in-fact, with full authority in the place and stead of the Pledgor and in the name of the Pledgor or otherwise, from time to time in the Collateral Agent's discretion, to take any action and to execute any instrument which the Collateral Agent may deem necessary or advisable to accomplish the purposes of this Pledge Agreement, including after the occurrence and continuance of a Default of the nature referred to in Section 11.01(f) or 11.01(g) of the Credit Agreement or an Event of Default: (a) to ask, demand, collect, xxx for, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Collateral; (b) to receive, endorse, and collect any drafts or other instruments, documents and chattel paper, in connection with clause (a) above; and (c) to file any claims or take any action or institute any proceedings which the Collateral Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Collateral Agent with respect to any of the Collateral. The Pledgor hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section is irrevocable and coupled with an interest.

Appears in 10 contracts

Samples: Subsidiary Pledge Agreement (Foamex Fibers Inc), Pledge Agreement (Foamex Fibers Inc), Pledge Agreement (Foamex Capital Corp)

AutoNDA by SimpleDocs

Collateral Agent Appointed Attorney-in-Fact. The Pledgor Grantor hereby irrevocably appoints the Collateral Agent the PledgorGrantor's attorney-in-fact, with full authority in the place and stead of the Pledgor Grantor and in the name of the Pledgor Grantor or otherwise, from time to time in the Collateral Agent's discretion, following the occurrence and continuation of a Default of the nature set forth in Section 11.01(f) or 11.01(g) of the Credit Agreement or an Event of Default, to take any action and to execute any instrument which the Collateral Agent may deem necessary or advisable to accomplish the purposes of this Pledge Security Agreement, including after the occurrence and continuance of a Default of the nature referred to in Section 11.01(f) or 11.01(g) of the Credit Agreement or an Event of Defaultincluding: (a) to ask, demand, collect, xxx for, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Collateral; (b) to receive, endorse, and collect any drafts or other instruments, documents and chattel paper, in connection with clause (a) above; and; (c) to file any claims or take any action or institute any proceedings which the Collateral Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Collateral Agent with respect to any of the Collateral. The Pledgor hereby acknowledges, consents and agrees that ; and (d) to perform the power affirmative obligations of attorney granted the Grantor hereunder (including all obligations of the Grantor pursuant to this Section is irrevocable and coupled with an interest.Section

Appears in 9 contracts

Samples: Security Agreement (Foamex Fibers Inc), Subsidiary Security Agreement (Foamex Fibers Inc), Subsidiary Security Agreement (Foamex Fibers Inc)

Collateral Agent Appointed Attorney-in-Fact. The Pledgor Grantor hereby irrevocably appoints the Collateral Agent the PledgorGrantor's attorney-in-fact, with full authority in the place and stead of the Pledgor Grantor and in the name of the Pledgor Grantor or otherwise, from time to time in the Collateral Agent's discretion, following the occurrence and continuation of a Default of the nature set forth in Section 11.01(f) or 11.01(g) of the Credit Agreement or an Event of Default, to take any action and to execute any instrument which the Collateral Agent may deem necessary or advisable to accomplish the purposes of this Pledge Security Agreement, including after the occurrence and continuance of a Default of the nature referred to in Section 11.01(f) or 11.01(g) of the Credit Agreement or an Event of Defaultincluding: (a) to ask, demand, collect, xxx sue for, recover, compromise, receive and give acquittance and receipts anx xeceipts for moneys due and to become due under or in respect of any of the Collateral; (b) to receive, endorse, and collect any drafts or other instruments, documents and chattel paper, in connection with clause (a) above; and; (c) to file any claims or take any action or institute any proceedings which the Collateral Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Collateral Agent with respect to any of the Collateral. The Pledgor hereby acknowledges, consents and agrees that ; and (d) to perform the power affirmative obligations of attorney granted the Grantor hereunder (including all obligations of the Grantor pursuant to this Section is irrevocable and coupled with an interest4.1.

Appears in 5 contracts

Samples: Security Agreement (Foamex International Inc), Subsidiary Security Agreement (Foamex International Inc), Subsidiary Security Agreement (Foamex International Inc)

Collateral Agent Appointed Attorney-in-Fact. The Pledgor Each Grantor hereby irrevocably appoints the Collateral Agent the Pledgor's such Grantor’s attorney-in-fact, with full authority in the place and stead of the Pledgor such Grantor and in the name of the Pledgor such Grantor or otherwise, from time to time time, upon the occurrence and during the continuance of an Event of Default, in the Collateral Agent's ’s discretion, to take any action and to execute any instrument which that the Collateral Agent may deem necessary or advisable to accomplish the purposes of this Pledge AgreementAgreement (in accordance with this Agreement and each other applicable Loan Document), including after the occurrence and continuance of a Default of the nature referred to in Section 11.01(f) or 11.01(g) of the Credit Agreement or an Event of Defaultincluding, without limitation: (a) to askobtain and adjust insurance required to be paid to the Collateral Agent; (b) to ask for, demand, collect, xxx for, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Collateral; (bc) to receive, endorse, indorse and collect any drafts or other instruments, documents and chattel paperChattel Paper, in connection with clause (a) or (b) above; and (cd) to file any claims or take any action or institute any proceedings which that the Collateral Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce compliance with the terms and conditions of any Assigned Agreement or the rights of the Collateral Agent with respect to any of the Collateral. The Pledgor hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section is irrevocable and coupled with an interest.

Appears in 4 contracts

Samples: Credit Agreement (PPD, Inc.), Credit Agreement (Ortho Clinical Diagnostics Holdings PLC), Security Agreement (PPD, Inc.)

Collateral Agent Appointed Attorney-in-Fact. The Pledgor Borrower hereby irrevocably appoints the Collateral Agent as the Pledgor's Borrower’s attorney-in-factfact (it being understood that the Collateral Agent shall not be deemed to have assumed any of the obligations of the Borrower by this appointment), with full authority in the place and stead of the Pledgor Borrower and in the name of the Pledgor or otherwiseBorrower, from time to time in as directed by the Collateral Administrative Agent's discretion, after the occurrence and during the continuation of an Event of Default, to take any action and to execute any instrument which the Collateral Administrative Agent may deem necessary or advisable to accomplish the purposes of this Pledge Security Agreement, including after the occurrence and continuance of a Default of the nature referred to in Section 11.01(f) or 11.01(g) of the Credit Agreement or an Event of Defaultwithout limitation: (a) to ask, demand, collect, xxx sue for, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Collateral; (b) to receive, endorse, endorse and collect any drafts or other instruments, documents instruments and chattel paperdocuments, in connection with clause (a) above; and (c) to file any claims or take any action or institute any proceedings which that the Collateral Agent may deem necessary or desirable (or as directed by the Administrative Agent) for the collection of any of the Collateral or otherwise to enforce the rights of the Collateral Agent with respect to any of the Collateral. The Pledgor Borrower hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section 5.1 is irrevocable during the term of this Security Agreement and is coupled with an interest.

Appears in 1 contract

Samples: Security Agreement (Apollo Debt Solutions BDC)

Collateral Agent Appointed Attorney-in-Fact. The Pledgor hereby irrevocably appoints the Collateral Agent the Pledgor's attorney-in-fact, with full authority in the place and stead of the Pledgor and in the name of the Pledgor or otherwise, from time to time in the Collateral Agent's discretion, to take any action and to execute any instrument which the Collateral Agent may deem necessary or advisable to accomplish the purposes of this Pledge Agreement, including after the occurrence and continuance of a Default of the nature referred to in Section 11.01(f11.1(f) or 11.01(g11.1(g) of the Credit Agreement or an Event of Default: (a) to ask, demand, collect, xxx for, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Collateral; (b) to receive, endorse, and collect any drafts or other instruments, documents and chattel paper, in connection with clause (a) above; and (c) to file any claims or take any action or institute any proceedings which the Collateral Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Collateral Agent with respect to any of the Collateral. The Pledgor hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section is irrevocable and coupled with an interest.

Appears in 1 contract

Samples: Pledge Agreement (Foamex Capital Corp)

AutoNDA by SimpleDocs

Collateral Agent Appointed Attorney-in-Fact. The Pledgor Until the Termination Date, each Grantor hereby irrevocably appoints the Collateral Agent the Pledgor's as its attorney-in-fact, with full authority in the place and stead of the Pledgor such Grantor and in the name of the Pledgor such Grantor or otherwise, from time to time in as directed by the Collateral Administrative Agent's discretion, following the occurrence and during the continuance of a Specified Default, to take any action and to execute any instrument which the Collateral Agent may deem is necessary or advisable to accomplish the purposes of this Pledge Security Agreement, including after in each case subject to the occurrence terms, conditions and continuance of a Default provisions of the nature referred to in Section 11.01(f) or 11.01(g) of the Credit Agreement or an Event of DefaultIntercreditor Agreement, including: (a) with two Business Days prior notice to the applicable Grantor, to ask, demand, collect, xxx sxx for, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Collateral; (b) to receive, endorse, and collect any drafts or other instrumentsInstruments, documents Documents and chattel paperChattel Paper, in connection with clause (a) above; and; (c) to file any claims or take any action or institute any proceedings which the Collateral Administrative Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Collateral Agent with respect to any of the Collateral; and (d) to perform the affirmative obligations of such Grantor hereunder. The Pledgor Each Grantor hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section is irrevocable and coupled with an interest.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Hanesbrands Inc.)

Collateral Agent Appointed Attorney-in-Fact. The Pledgor Each Grantor ------------------------------------------- hereby irrevocably appoints the Collateral Agent the Pledgorsuch Grantor's attorney-in-fact, with full authority in the place and stead of the Pledgor such Grantor and in the name of the Pledgor such Grantor or otherwise, from time to time in the Collateral Agent's discretion, to take any action and to execute any instrument which that the Collateral Agent may deem necessary or advisable to accomplish the purposes of this Pledge Agreement, including after the occurrence and continuance of a Default of the nature referred to in Section 11.01(f) or 11.01(g) of the Credit Agreement or an Event of Defaultincluding, without limitation: (a) to askobtain and adjust insurance required to be paid to the Collateral Agent pursuant to Section 11, (b) to ask for, demand, collect, xxx sue for, recover, compromise, receive and give acquittance and receipts receipxx for moneys due and to become due under or in respect of any of the Collateral;, (bc) to receive, endorse, indorse and collect any drafts or other instruments, documents and chattel paper, in connection with clause (a) or (b) above; , and (cd) to file any claims or take any action or institute any proceedings which that the Collateral Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce compliance with the terms and conditions of any Assigned Agreement or the rights of the Collateral Agent with respect to any of the Collateral. The Pledgor hereby acknowledges; provided however, consents and agrees that the power Collateral Agent shall not exercise any rights referred to above unless an Event of attorney granted pursuant to this Section Default has occurred and is irrevocable and coupled with an interestcontinuing.

Appears in 1 contract

Samples: Security Agreement (Davita Inc)

Collateral Agent Appointed Attorney-in-Fact. The Pledgor Each Grantor hereby irrevocably appoints the Collateral Agent the Pledgor's attorney-in-such Grantor’s attorney in fact, with full authority in the place and stead of the Pledgor such Grantor and in the name of the Pledgor such Grantor or otherwise, from time to time in time, upon the Collateral Agent's discretionoccurrence and during the continuance of an Event of Default, to take any action and to execute any instrument which that the Collateral Agent may deem necessary or advisable to accomplish the purposes of this Pledge Agreement, including after the occurrence and continuance of a Default of the nature referred to in Section 11.01(f) or 11.01(g) of the Credit Agreement or an Event of Defaultincluding, without limitation: (a) to askobtain and adjust insurance required to be paid to the Collateral Agent pursuant to Section 9, (b) to ask for, demand, collect, xxx for, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Collateral;, (bc) to receive, endorse, indorse and collect any drafts or other instruments, documents and chattel paper, in connection with clause (a) or (b) above; , and (cd) to file any claims or take any action or institute any proceedings which that the Collateral Agent may reasonably deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Collateral Agent with respect to any of the Collateral. The Pledgor hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section is irrevocable and coupled with an interest.

Appears in 1 contract

Samples: Security Agreement (Building Materials Manufacturing Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!