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

Collateral Trustee Appointed Attorney-in-Fact. The Company hereby irrevocably appoints the Collateral Trustee the Company's attorney-in-fact, with full authority in the place and stead of the Company and in the name of the Company or otherwise, from time to time in the Collateral Trustee's discretion, to take any action and to execute any instrument which the Collateral Trustee may deem necessary or advisable to accomplish the purposes of this Pledge Agreement, including without limitation: (a) after the occurrence and continuance of an Actionable Default, 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 Pledged Collateral; (b) to receive, endorse, and collect any drafts or other instruments, documents and chattel paper, in connection with clause (a) above; and (c) after the occurrence and continuance of an Actionable Default to file any claims or take any action or institute any proceedings which the Collateral Trustee may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of the Collateral Trustee with respect to any of the Pledged Collateral. The Company 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 (Calpine Corp)

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Collateral Trustee Appointed Attorney-in-Fact. The Company (a) Each Grantor hereby irrevocably appoints the Collateral Trustee the Company's such Grantor’s attorney-in-fact, with full authority in the place and stead of the Company such Grantor and in the name of the Company such Grantor or otherwise, from time to time time, upon the occurrence and during the continuance of a Parity Lien Event of Default, in the Collateral Trustee's ’s discretion, to take any action and to execute any instrument which that the Collateral Trustee may deem necessary or advisable to accomplish the purposes of this Pledge Agreement, including including, without limitation: (ai) after to obtain and adjust insurance required to be paid to the occurrence and continuance of an Actionable Default, Collateral Trustee pursuant to askthe Parity Lien Documents, (ii) 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 Pledged Collateral;, (biii) to receive, endorse, indorse and collect any drafts or other instruments, documents and chattel paper, in connection with clause (ai) or (ii) above; , and (civ) after the occurrence and continuance of an Actionable Default to file any claims or take any action or institute any proceedings which that the Collateral Trustee may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce compliance with the terms and conditions of any Assigned Agreement or the rights of the Collateral Trustee with respect to any of the Pledged Collateral. The Company . (b) Each Grantor hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section 19 is irrevocable and coupled with an interestinterest and shall be effective until all Secured Obligations have been paid in full in cash.

Appears in 1 contract

Samples: Security Agreement (Terremark Worldwide Inc.)

Collateral Trustee Appointed Attorney-in-Fact. The Company Each Grantor hereby irrevocably appoints the Collateral Trustee the Company's its attorney-in-fact, with full authority in the place and stead of the Company such Grantor and in the name of the Company such Grantor or otherwise, from time to time in the Collateral Trustee's ’s discretion, following the occurrence and during the continuance of an Event of Default, to take any action and to execute any instrument instrument, subject to the Intercreditor Agreement, which the Collateral Trustee may deem necessary or advisable to accomplish the purposes of this Pledge Security Agreement, including without limitation: (a) after the occurrence and continuance of an Actionable Default, 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 Pledged 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) after the occurrence and continuance of an Actionable Default to file any claims or take any action or institute any proceedings which the Collateral Trustee may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of the Collateral Trustee with respect to any of the Pledged Collateral, and (d) to perform the affirmative obligations of such Grantor hereunder. The Company hereby acknowledgesEACH GRANTOR HEREBY ACKNOWLEDGES, consents and agrees that the power of attorney granted pursuant to this Section is irrevocable and coupled with an interestCONSENTS AND AGREES THAT THE POWER OF ATTORNEY GRANTED PURSUANT TO THIS SECTION 5.1 IS IRREVOCABLE AND COUPLED WITH AN INTEREST AND SHALL BE EFFECTIVE UNTIL THE TERMINATION DATE.

Appears in 1 contract

Samples: Security Agreement (Energy XXI LTD)

Collateral Trustee Appointed Attorney-in-Fact. The Company (a) Subject to the terms of the Collateral Trust Agreement, each Grantor hereby irrevocably appoints the Collateral Trustee the Company's such Grantor’s attorney-in-fact, with full authority in the place and stead of the Company such Grantor and in the name of the Company such Grantor or otherwise, from time to time time, upon the occurrence and during the continuance of a Junior Lien Event of Default, in the Collateral Trustee's ’s discretion, to take any action and to execute any instrument which that the Collateral Trustee may deem necessary or advisable to accomplish the purposes of this Pledge Agreement, including including, without limitation: (ai) after to obtain and adjust insurance required to be paid to the occurrence and continuance of an Actionable Default, Collateral Trustee pursuant to askthe Junior Lien Documents, (ii) 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 Pledged Collateral;, (biii) to receive, endorse, indorse and collect any drafts or other instruments, documents and chattel paper, in connection with clause (ai) or (ii) above; , and (civ) after the occurrence and continuance of an Actionable Default to file any claims or take any action or institute any proceedings which that the Collateral Trustee may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce compliance with the terms and conditions of any Assigned Agreement or the rights of the Collateral Trustee with respect to any of the Pledged Collateral. The Company . (b) Each Grantor hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section 19 is irrevocable and coupled with an interestinterest and shall be effective until all Secured Obligations have been paid in full in cash.

Appears in 1 contract

Samples: Second Lien Security Agreement (Terremark Worldwide Inc.)

Collateral Trustee Appointed Attorney-in-Fact. The Company Pledgor hereby irrevocably appoints the Collateral Trustee the Company's its attorney-in-fact, with full authority in the place and stead of the Company Pledgor and in the name of the Company Pledgor or otherwise, from time to time in the Collateral Trustee's ’s discretion, following the occurrence and during the continuance of an Event of Default, to take any action and to execute any instrument instrument, subject to the Intercreditor Agreement, which the Collateral Trustee may deem necessary or advisable to accomplish the purposes of this Pledge Agreement, including without limitation: (a) after the occurrence and continuance of an Actionable Default, 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 Pledged 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) after the occurrence and continuance of an Actionable Default to file any claims or take any action or institute any proceedings which the Collateral Trustee may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of the Collateral Trustee with respect to any of the Pledged Collateral, and (d) to perform the affirmative obligations of the Pledgor hereunder. The Company hereby acknowledgesTHE PLEDGOR HEREBY ACKNOWLEDGES, consents and agrees that the power of attorney granted pursuant to this Section is irrevocable and coupled with an interestCONSENTS AND AGREES THAT THE POWER OF ATTORNEY GRANTED PURSUANT TO THIS SECTION 5.1 IS IRREVOCABLE AND COUPLED WITH AN INTEREST AND SHALL BE EFFECTIVE UNTIL THE TERMINATION DATE.

Appears in 1 contract

Samples: Intercreditor Agreement (Energy XXI LTD)

Collateral Trustee Appointed Attorney-in-Fact. The Company hereby irrevocably appoints the Collateral Trustee the Company's attorney-in-fact, with full authority in the place and stead of the Company and in the name of the Company or otherwise, from time to time in the Collateral Trustee's discretion, to take any action and to execute any instrument which the Collateral Trustee may deem necessary or advisable to accomplish the purposes of this Pledge Agreement, including without limitation: (a) after the occurrence and continuance of an Actionable Default, 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 Pledged Collateral; (b) to receive, endorse, and collect any drafts or other instruments, documents and chattel paper, in connection with clause (a) above; and (c) after the occurrence and continuance of an Actionable Default to file any claims or take any action or institute any proceedings which the Collateral Trustee may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of the Collateral Trustee with respect to any of the Pledged Collateral. The Company 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: Note Pledge Agreement (Calpine Corp)

Collateral Trustee Appointed Attorney-in-Fact. The Company Each Grantor hereby irrevocably appoints the Collateral Trustee the Company's its attorney-in-fact, with full authority in the place and stead of the Company such Grantor and in the name of the Company such Grantor or otherwise, from time to time in the Collateral Trustee'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 Trustee may deem necessary or advisable to accomplish the purposes of this Pledge Security Agreement, including without limitationincluding: (a) after the occurrence and continuance of an Actionable Default, 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 Pledged 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) after the occurrence and continuance of an Actionable Default to file any claims or take any action or institute any proceedings which the Collateral Trustee may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of the Collateral Trustee with respect to any of the Pledged Collateral; and (d) to perform the affirmative obligations of such Grantor hereunder. The Company 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: Credit Agreement (Champion Enterprises Inc)

Collateral Trustee Appointed Attorney-in-Fact. The Company Each Grantor hereby irrevocably appoints the Collateral Trustee the Company's such Grantor’s attorney-in-fact, with full authority in the place and stead of the Company such Grantor and in the name of the Company such Grantor or otherwise, from time to time in the Collateral Trustee's discretion, otherwise to take any action and to execute any instrument which the Collateral Trustee may deem be necessary or advisable to accomplish the purposes of this Pledge Security Agreement, including without limitationsubject, with respect to any instrument to be filed with the FCC or any action constituting or effectuating a transfer of control of any entity holding a license issued by the FCC, to any prior consent of the FCC required under applicable law, including: (a) after upon the occurrence and during the continuance of an Actionable any Priority Lien Event of Default, 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 Pledged Collateral; (b) upon the occurrence and during the continuance of any Priority Lien Event of Default, to receive, endorse, and collect any drafts or other instrumentsInstruments, documents Documents and chattel paperChattel Paper, in connection with clause (a) above; and; (c) after upon the occurrence and during the continuance of an Actionable Default any Priority Lien Event of Default, to file any claims or take any action or institute any proceedings which the Collateral Trustee may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of the Collateral Trustee with respect to any of the Pledged Collateral; and (d) to perform the affirmative obligations of such Grantor hereunder (including all obligations of such Grantor pursuant to Section 5.5). The Company 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: Security Agreement (Satelites Mexicanos Sa De Cv)

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Collateral Trustee Appointed Attorney-in-Fact. The Company Grantor hereby irrevocably appoints the Collateral Trustee the Company's its attorney-in-fact, with full authority in the place and stead of the Company Grantor and in the name of the Company Grantor or otherwise, from time to time in the Collateral Trustee's ’s discretion, following the occurrence and during the continuance of an Event of Default, to take any action and to execute any instrument instrument, subject to the Intercreditor Agreement, which the Collateral Trustee may deem necessary or advisable to accomplish the purposes of this Pledge Security Agreement, including without limitation: (a) after the occurrence and continuance of an Actionable Default, 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 Pledged Collateral; , (b) to receive, endorse, and collect any drafts or other instruments, documents and chattel paper, in connection with clause (a) above; and (c) after the occurrence and continuance of an Actionable Default to file any claims or take any action or institute any proceedings which the Collateral Trustee may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of the Collateral Trustee with respect to any of the Pledged Collateral, and (c) to perform the affirmative obligations of the Grantor hereunder. The Company hereby acknowledgesTHE GRANTOR HEREBY ACKNOWLEDGES, consents and agrees that the power of attorney granted pursuant to this Section is irrevocable and coupled with an interestCONSENTS AND AGREES THAT THE POWER OF ATTORNEY GRANTED PURSUANT TO THIS SECTION 5.1 IS IRREVOCABLE AND COUPLED WITH AN INTEREST AND SHALL BE EFFECTIVE UNTIL THE TERMINATION DATE.

Appears in 1 contract

Samples: Security Agreement (Energy XXI LTD)

Collateral Trustee Appointed Attorney-in-Fact. The Company Each Pledgor hereby irrevocably appoints the Collateral Trustee the Company's such Pledgor’s attorney-in-fact, with full authority in the place and stead of the Company such Pledgor and in the name of the Company such Pledgor or otherwise, from time to time in the Collateral Trustee's ’s discretion, to take any action and to execute any instrument which the Collateral Trustee may deem be necessary or advisable to accomplish the purposes of this Pledge Agreement, including without limitationsubject to the terms of the Collateral Trust Agreement after the occurrence and during the continuance of a Priority Lien Event of Default: (a) after the occurrence and continuance of an Actionable Default, 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 Pledged Collateral; (b) to receive, endorse, and collect any drafts or other instruments, documents and chattel paper, in connection with clause (a) above; and (c) after the occurrence and continuance of an Actionable Default to file any claims or take any action or institute any proceedings which the Collateral Trustee may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of the Collateral Trustee with respect to any of the Pledged Collateral. The Company Each Pledgor hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section 5.1 is irrevocable and coupled with an interest.

Appears in 1 contract

Samples: Pledge Agreement (Satelites Mexicanos Sa De Cv)

Collateral Trustee Appointed Attorney-in-Fact. The Company hereby irrevocably appoints the Collateral Trustee the Company's attorney-in-fact, with full authority in the place and stead of the Company and in the name of the Company or otherwise, from time to time in the Collateral Trustee's discretion, to take any action and to execute any instrument which the Collateral Trustee may deem necessary or advisable to accomplish the purposes of this Pledge Agreement, including without limitation: (a) after the occurrence and continuance of an Actionable Default, 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 Pledged Collateral; (b) to receive, endorse, and collect any drafts or other instruments, documents and chattel paper, in connection with clause (a) above; and (c) after the occurrence and continuance of an Actionable Default Default, to file any claims or take any action or institute any proceedings which the Collateral Trustee may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of the Collateral Trustee with respect to any of the Pledged Collateral. Collateral or The Company 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 (Calpine Corp)

Collateral Trustee Appointed Attorney-in-Fact. The Company Pledgors hereby irrevocably appoints appoint the Collateral Trustee the Company's Pledgors' attorney-in-fact, with full authority in the place and stead of the Company each Pledgor and in the name of the Company each Pledgor or otherwise, from time to time in the Collateral Trustee's discretion, to take any action and to execute any instrument which the Collateral Trustee may deem necessary or advisable to accomplish the purposes of this Pledge Agreement, including without limitation: (a) after the occurrence and continuance of an Actionable Default, 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 Pledged Collateral; (b) to receive, endorse, and collect any drafts or other instruments, documents and chattel paper, in connection with clause (a) above; and (c) after the occurrence and continuance of an Actionable Default Default, to file any claims or take any action or institute any proceedings which the Collateral Trustee may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of the Collateral Trustee with respect to any of the Pledged Collateral. The Company Each 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 (Calpine Corp)

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