Common use of Cumulative Remedies; Power of Attorney; Effect on Loan Agreement Clause in Contracts

Cumulative Remedies; Power of Attorney; Effect on Loan Agreement. All of Assignee’s rights and remedies with respect to the Patents, Trademarks, Copyrights and Licenses, whether established hereby or by the Loan Agreement, or by any other agreements or by law shall be cumulative and may be exercised singularly or concurrently. Assignor hereby authorizes Assignee to make, constitute and appoint any officer or agent of Assignee as Assignee may select, in its sole discretion, as Assignor’s true and lawful attorney-in-fact, with power to (i) endorse Assignor’s name on all applications, documents, papers and instruments necessary or reasonably desirable for the Assignee to protect, evidence, perfect or enforce its security interest in the Patents, Trademarks, Copyrights and Licenses, (ii) intentionally omitted, (iii) following an Event of Default, grant or issue any exclusive or non-exclusive license under the Patent or Trademark to anyone, including Assignee, and/or (iv) following an Event of Default, assign, pledge, convey or otherwise transfer title in or dispose of the Patents, Trademarks, Copyrights or Licenses to anyone, including Assignee. Assignee may act under such power of attorney to take the actions referenced in Section 4. Assignee hereby ratifies all that such attorney shall lawfully do or cause to be done by virtue hereof. This power of attorney shall be irrevocable until all Obligations shall have been paid in full and the Loan Agreement shall have been terminated. Assignor acknowledges and agrees that this Security Agreement is not intended to limit or restrict in any way the rights and remedies of Assignee under the Loan Agreement but rather is intended to facilitate the exercise of such rights and remedies given it by the terms of this Security Agreement, all rights and remedies allowed by law and the rights and remedies of a secured party under the Uniform Commercial Code as enacted in any jurisdiction in which the Patents, Trademarks, Copyrights or Licenses may be located.

Cumulative Remedies; Power of Attorney; Effect on Loan Agreement. All of Assignee’s Mortgagee's rights and remedies with respect to the Patents, Trademarks, Copyrights Trademarks and Licenses, whether established hereby or by the Loan Agreement, or by any other agreements or by law shall be cumulative and may be exercised singularly or concurrently. Assignor Upon the occurrence of an Event of Default, Mortgagor hereby authorizes Assignee Mortgagee to make, constitute and appoint any officer or agent of Assignee Mortgagee as Assignee Mortgagee may select, in its sole discretion, as Assignor’s Mortgagor's true and lawful attorney-in-fact, with power to (i) endorse Assignor’s Mortgagor's name on all applications, documents, papers and instruments necessary or reasonably desirable for Mortgagee in the Assignee to protect, evidence, perfect or enforce its security interest in use of the Patents, Trademarks, Copyrights Trademarks and Licenses, (ii) intentionally omittedtake any other actions with respect to the Patents, Trademarks and Licenses as Mortgagee deems to be in its best interest, (iii) following an Event of Default, grant or issue any exclusive or non-exclusive license under the Patent Patents, Trademarks or Trademark Licenses to anyone, including Assignee, and/or or (iv) following an Event of Default, assign, pledge, convey or otherwise transfer title in or dispose of the Patents, Trademarks, Copyrights Trademarks or Licenses to anyone, including Assignee. Assignee may act under such power of attorney to take the actions referenced in Section 4. Assignee Mortgagor hereby ratifies all that such attorney shall lawfully do or cause to be done by virtue hereof. This power of attorney is coupled with an interest and shall be irrevocable until all the Obligations shall have been paid in full and the Loan Agreement shall have has been terminated. Assignor Mortgagor acknowledges and agrees that this Security Agreement Mortgage is not intended to limit or restrict in any way the rights and remedies of Assignee Mortgagee under the Loan Agreement but rather is intended to facilitate the exercise of such rights and remedies. Mortgagee shall have, in addition to all other rights and remedies given it by the terms of this Security Mortgage and the Loan Agreement, all rights and remedies allowed by law and the rights and remedies of a secured party under the Uniform Commercial Code (or such other applicable law) as enacted in any jurisdiction in which the Patents, Trademarks, Copyrights Trademarks or Licenses may be located.

Cumulative Remedies; Power of Attorney; Effect on Loan Agreement. All of AssigneeLender’s rights and remedies with respect to the Patents, Trademarks, Copyrights and LicensesIntellectual Property Collateral, whether established hereby or hereby, by the Loan AgreementDocuments, or by any other agreements or by law shall be cumulative and may be exercised singularly or concurrently. Assignor Each Grantor hereby authorizes Assignee Lender to make, constitute and appoint any officer or agent of Assignee Lender as Assignee may select, in its sole discretion, as Assignorsuch Grantor’s true and lawful attorney-in-fact, with power power, upon an Event of Default and commencement by Lender of any of its rights and remedies whatsoever, whether pursuant to this Agreement, the Loan Documents, at law, in equity or otherwise, to (ia) endorse Assignorsuch Grantor’s name on all applications, documents, papers and instruments necessary or reasonably desirable for Lender in connection with selling the Assignee to protect, evidence, perfect or enforce its security interest in the Patents, Trademarks, Copyrights and LicensesIntellectual Property Collateral, (iib) intentionally omittedtake any other actions with respect to the Intellectual Property Collateral as Lender decides in its sole and absolute discretion, (iiic) following an Event of Default, grant or issue any exclusive or non-exclusive license under the Patent or Trademark to anyone, including Assignee, and/or (iv) following an Event of Default, assign, pledge, sell, convey or otherwise transfer title in or dispose of the PatentsIntellectual Property Collateral to any person or entity as Lender may determine in its discretion, Trademarksand (d) grant or issue any non-exclusive license under the Intellectual Property Collateral, Copyrights to any person or Licenses entity. Each Grantor agrees to anyone, including Assigneeindemnify Lender for any infringement claims or other similar claims filed or asserted against Lender from the use of any of the Intellectual Property Collateral. Assignee may act under such power of attorney to take the actions referenced in Section 4. Assignee Grantors hereby ratifies ratify all that such attorney shall lawfully do or cause to be done by virtue hereof. This power of attorney shall be irrevocable until all Obligations the Liabilities shall have been paid in full and the Loan Agreement shall all financing arrangements between Borrower and Lender have been terminated. Assignor acknowledges Grantors acknowledge and agrees agree that this Security Agreement is not intended to limit or restrict in any way the rights and remedies of Assignee Lender under the Loan Agreement Documents, at law or in equity, but rather is in addition to and intended to facilitate the exercise of such rights and remedies given it by the terms of this Security Agreement, all rights and remedies allowed by law and the rights and remedies of a secured party under the Uniform Commercial Code as enacted in any jurisdiction in which the Patents, Trademarks, Copyrights or Licenses may be locatedremedies.

Cumulative Remedies; Power of Attorney; Effect on Loan Agreement. All of Assignee’s Mortgagee's rights and remedies with respect to the Copyrights, Patents, Trademarks, Copyrights Trademarks and Licenses, whether established hereby or by the Loan AgreementSecurity Agreement or by the Guarantor Security Agreement executed by Mortgagor, or by any other agreements or by law shall be cumulative and cumuxxxxxx xxd may be exercised singularly or concurrently. Assignor Subject to the terms of the Intercreditor Agreement and the last paragraph of Section 2 hereof, upon the occurrence and during the continuation of an Event of Default, Mortgagor hereby authorizes Assignee Mortgagee to make, constitute and appoint any officer or agent of Assignee Mortgagee as Assignee Mortgagee may select, in its sole discretion, as Assignor’s Mortgagor's true and lawful attorney-in-fact, with power to (ix) endorse Assignor’s xxxxxxe Mortgagor's name on all applications, documents, papers and instruments necessary or reasonably desirable for the Assignee to protect, evidence, perfect or enforce its security interest Mortgagee in the use of any or all of the Copyrights, Patents, Trademarks, Copyrights Trademarks and Licenses, or (ii) intentionally omittedtake any other actions with respect to any or all of the Copyrights, Patents, Trademarks and Licenses as Mortgagee deems to be in its best interest, or (iii) following an Event of Default, grant or issue any exclusive or non-exclusive license under any or all of the Patent Copyrights, Patents, Trademarks or Trademark Licenses to anyoneany Person, including Assignee, and/or or (iv) following an Event of Default, assign, pledge, convey or otherwise transfer title in or dispose of any or all of the Copyrights, Patents, Trademarks, Copyrights Trademarks or Licenses to anyoneany Person, including Assigneeor (v) take any other actions with respect to any or all of the Copyrights, Patents, Trademarks and Licenses as Mortgagee deems to be in its best interests. Assignee may act under such power of attorney to take the actions referenced in Section 4. Assignee Mortgagor hereby ratifies all that such attorney attorney-in-fact shall lawfully do or cause to be done by virtue hereof. This power of attorney attorney, being coupled with an interest, shall be irrevocable until all Obligations shall have been paid in full the Indenture and the Loan Security Agreement shall have been terminatedTermination. Assignor Mortgagor acknowledges and agrees that this Security Agreement Mortgage is not intended to ixxxxxxx xo limit or restrict in any way the rights and remedies of Assignee Mortgagee or Holders or their respective successors transferees and assigns under the Loan Agreement Other Agreements but rather is intended to facilitate the exercise of such rights and remedies. Mortgagee and such other parties shall have, in addition to all other rights and remedies given it or them by the terms of this Security AgreementMortgage and the Other Agreements, all rights and remedies allowed by law and the rights and remedies of a secured party under the Uniform Commercial Code (or such other applicable law) as enacted in any jurisdiction in which the Copyrights, Patents, Trademarks, Copyrights Trademarks or Licenses may be located.