Collateral Trustee Appointed Attorney-in-Fact. Each Pledgor hereby irrevocably appoints the Collateral Trustee such Pledgor’s attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor or otherwise, from time to time in the Collateral Trustee’s discretion, to take any action and to execute any instrument which may be necessary or advisable to accomplish the purposes of this Pledge Agreement, subject to the terms of the Collateral Trust Agreement after the occurrence and during the continuance of a Priority Lien 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 Trustee may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Collateral Trustee with respect to any of the Collateral. 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.
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Collateral Trustee Appointed Attorney-in-Fact. Each Pledgor Subject to the Indenture and the Intercreditor Agreement, each Grantor hereby irrevocably appoints the Collateral Trustee such Pledgor’s Grantor's attorney-in-fact, with full authority in the place and stead of such Pledgor Grantor and in the name of such Pledgor Grantor or otherwise, from time to time time, upon the occurrence and during the continuance of an Event of Default following the First Priority Lien Satisfaction Date, in the Collateral Trustee’s 's discretion, to take any action and to execute any instrument which that the Collateral Trustee may be deem necessary or advisable to accomplish the purposes of this Pledge Second Lien Shared Security Agreement, subject to the terms of the Collateral Trust Agreement after the occurrence and during the continuance of a Priority Lien Event of Defaultincluding, without limitation:
(a) to askobtain and adjust insurance required to be paid to the Collateral Trustee pursuant to the provisions of the Indenture,
(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 Shared 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 Trustee may deem necessary or desirable for the collection of any of the Shared Collateral or otherwise to enforce compliance with the terms and conditions of Dynegy Second Lien Shared Security Agreement any Assigned Agreement or the rights of the Collateral Trustee with respect to any of the Shared Collateral. 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: Second Lien Shared Security Agreement (Dynegy Inc /Il/)
Collateral Trustee Appointed Attorney-in-Fact. Each Pledgor Grantor hereby irrevocably appoints the Collateral Trustee such Pledgor’s its attorney-in-fact, with full authority in the place and stead of such Pledgor Grantor and in the name of such Pledgor Grantor or otherwise, from time to time in the Collateral Trustee’s '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 be deem necessary or advisable to accomplish the purposes of this Pledge Security Agreement, subject to the terms of the Collateral Trust Agreement after the occurrence and during the continuance of a Priority Lien 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 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 Trustee may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Collateral Trustee with respect to any of the Collateral; and
(d) to perform the affirmative obligations of such Grantor hereunder. Each Pledgor Grantor hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section 5.1 is irrevocable and coupled with an interest.
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Collateral Trustee Appointed Attorney-in-Fact. Each Pledgor The Grantor hereby irrevocably appoints the Collateral Trustee such Pledgor’s its attorney-in-fact, with full authority in the place and stead of such Pledgor the Grantor and in the name of such Pledgor the Grantor or otherwise, from time to time in the Collateral Trustee’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 be deem necessary or advisable to accomplish the purposes of this Pledge Security Agreement, subject to the terms of the Collateral Trust Agreement after the occurrence and during the continuance of a Priority Lien Event of Default:
including (a) 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 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 Trustee may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Collateral Trustee with respect to any of the Collateral, and (c) to perform the affirmative obligations of the Grantor hereunder. Each Pledgor hereby acknowledgesTHE GRANTOR HEREBY ACKNOWLEDGES, consents and agrees that the power of attorney granted pursuant to this Section CONSENTS AND AGREES THAT THE POWER OF ATTORNEY GRANTED PURSUANT TO THIS SECTION 5.1 is irrevocable and coupled with an interestIS IRREVOCABLE AND COUPLED WITH AN INTEREST AND SHALL BE EFFECTIVE UNTIL THE TERMINATION DATE.
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Samples: Security Agreement (Energy XXI LTD)
Collateral Trustee Appointed Attorney-in-Fact. Each Pledgor Grantor hereby irrevocably appoints the Collateral Trustee such Pledgor’s its attorney-in-fact, with full authority in the place and stead of such Pledgor Grantor and in the name of such Pledgor Grantor or otherwise, from time to time in the Collateral Trustee’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 be deem necessary or advisable to accomplish the purposes of this Pledge Security Agreement, subject to the terms of the Collateral Trust Agreement after the occurrence and during the continuance of a Priority Lien Event of Default:
including (a) 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 Trustee may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of the Collateral Trustee with respect to any of the Collateral, and (d) to perform the affirmative obligations of such Grantor hereunder. Each Pledgor hereby acknowledgesEACH GRANTOR HEREBY ACKNOWLEDGES, consents and agrees that the power of attorney granted pursuant to this Section CONSENTS AND AGREES THAT THE POWER OF ATTORNEY GRANTED PURSUANT TO THIS SECTION 5.1 is irrevocable and coupled with an interestIS IRREVOCABLE AND COUPLED WITH AN INTEREST AND SHALL BE EFFECTIVE UNTIL THE TERMINATION DATE.
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Samples: Security Agreement (Energy XXI LTD)
Collateral Trustee Appointed Attorney-in-Fact. Each Pledgor The Company hereby irrevocably appoints the Collateral Trustee such Pledgor’s the Company's attorney-in-fact, with full authority in the place and stead of such Pledgor the Company and in the name of such Pledgor the Company 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 be deem necessary or advisable to accomplish the purposes of this Pledge Agreement, subject to the terms of the Collateral Trust Agreement after the occurrence and during the continuance of a Priority Lien Event of Defaultincluding 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. Each Pledgor The Company 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 (Calpine Corp)
Collateral Trustee Appointed Attorney-in-Fact. Each Pledgor The Pledgors hereby irrevocably appoints appoint the Collateral Trustee such Pledgor’s the Pledgors' attorney-in-fact, with full authority in the place and stead of such each Pledgor and in the name of such each 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 be deem necessary or advisable to accomplish the purposes of this Pledge Agreement, subject to the terms of the Collateral Trust Agreement after the occurrence and during the continuance of a Priority Lien Event of Defaultincluding 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. 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 (Calpine Corp)
Collateral Trustee Appointed Attorney-in-Fact. Each Pledgor The Company hereby irrevocably appoints the Collateral Trustee such Pledgor’s the Company's attorney-in-fact, with full authority in the place and stead of such Pledgor the Company and in the name of such Pledgor the Company 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 be deem necessary or advisable to accomplish the purposes of this Pledge Agreement, subject to the terms of the Collateral Trust Agreement after the occurrence and during the continuance of a Priority Lien Event of Defaultincluding 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) 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. Each Pledgor The Company hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section 5.1 is irrevocable and coupled with an interest.
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Samples: Note Pledge Agreement (Calpine Corp)
Collateral Trustee Appointed Attorney-in-Fact. Each Pledgor The Company hereby irrevocably appoints the Collateral Trustee such Pledgor’s the Company's attorney-in-fact, with full authority in the place and stead of such Pledgor the Company and in the name of such Pledgor the Company 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 be deem necessary or advisable to accomplish the purposes of this Pledge Agreement, subject to the terms of the Collateral Trust Agreement after the occurrence and during the continuance of a Priority Lien Event of Defaultincluding 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 Collateral. Each Pledgor Pledged Collateral or The Company 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 (Calpine Corp)