Custodian Appointed Attorney-in-Fact and Agent. (a) The Pledgor hereby irrevocably appoints the Custodian 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 during which an Event of Default described in Section 6.1 exists (the Custodian being entitled to rely upon a notice from Pledgee that such Event of Default exists) or upon the Pledgor's failure to comply with the Collateral Requirement in accordance with the terms hereof, to take any action and to execute any instrument as directed by the Pledgee to accomplish the purposes of this Pledge Agreement with respect to the Account Funds, including without limitation: (i) to ask, demand, collect, sue for, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in respect of the Account Funds; (ii) to receive, endorse, and collect any drafts or other instruments, documents and chattel paper, in connection with clause (a) above; and (iii) to file any claims or take any action or institute any proceedings as directed by the Pledgee for the collection of any of the Account Funds or otherwise to enforce the rights of the Custodian with respect to any of the Account Funds. The Pledgor hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section is irrevocable and coupled with an interest. (b) The Pledgee hereby appoints the Custodian as the Pledgee's agent for retaining physical possession of the Account Funds in accordance with the terms of this Pledge Agreement. All Account Funds shall be segregated from all other property, including, without limitation, that of the Pledgor and the Pledgee.
Appears in 2 contracts
Samples: Pledge Agreement (Brookdale Living Communities Inc), Pledge Agreement (Brookdale Living Communities Inc)
Custodian Appointed Attorney-in-Fact and Agent. (a) The Pledgor hereby irrevocably appoints the Custodian 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 during which an upon the occurrence of any Event of Default described in Section 6.1 exists (the Custodian being entitled to rely upon a notice from Pledgee that such Event of Default exists) or upon the Pledgor's failure to comply with the Collateral Requirement in accordance with the terms hereof, to take any action and to execute any instrument as directed by which the Pledgee Custodian may deem necessary or advisable to accomplish the purposes of this Pledge Agreement with respect to the Account FundsAgreement, including without limitation:
(i) to ask, demand, collect, sue 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 Account FundsCollateral;
(ii) to receive, endorse, and collect any drafts or other instruments, documents and chattel paper, in connection with clause (a) above; and
(iii) to file any claims or take any action or institute any proceedings as directed by which the Pledgee Custodian may deem necessary or desirable for the collection of any of the Account Funds Collateral or otherwise to enforce the rights of the Custodian with respect to any of the Account FundsCollateral. The Pledgor hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section is irrevocable and coupled with an interest.
(b) The Pledgee hereby appoints the Custodian as the Pledgee's agent (i) for retaining physical possession of any cash included in the Account Funds Collateral and any physical certificates or instruments or other physical representation or evidence of any Collateral in accordance with the terms provisions of this Pledge Agreement and (ii) for holding the Securities Pledge Agreement interest of the Pledgee in all book-entry securities in accordance with the provisions of this Pledge Agreement. All Account Funds Collateral shall be credited to the Collateral Account and segregated from all other property, including, without limitation, that of the Pledgor and the Pledgee.
Appears in 2 contracts
Samples: Securities Pledge Agreement (Brookdale Living Communities Inc), Securities Pledge Agreement (Brookdale Living Communities Inc)
Custodian Appointed Attorney-in-Fact and Agent. (a) The Pledgor hereby irrevocably appoints the Custodian 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 during which an upon the occurrence of any Event of Default described in Section 6.1 exists (the Custodian being entitled to rely upon a notice from Pledgee that such Event of Default exists) or upon the Pledgor's failure to comply with the Collateral Requirement in accordance with the terms hereof, to take any action and to execute any instrument as directed by which the Pledgee Custodian may deem necessary or advisable to accomplish the purposes of this Pledge Agreement with respect to the Account FundsAgreement, including without limitation:
(i) to ask, demand, collect, sue 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 Account FundsCollateral;
(ii) to receive, endorse, and collect any drafts or other instruments, documents and chattel paper, in connection with clause (a) above; and
(iii) to file any claims or take any action or institute any proceedings as directed by which the Pledgee Custodian may deem necessary or desirable for the collection of any of the Account Funds Collateral or otherwise to enforce the rights of the Custodian with respect to any of the Account FundsCollateral. The Pledgor hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section is irrevocable and coupled with an interest.
(b) The Pledgee hereby appoints the Custodian as the Pledgee's agent (i) for retaining physical possession of any cash included in the Account Funds Collateral and any physical certificates or instruments or other physical representation or evidence of any Collateral in accordance with the terms provisions of this Pledge Agreement and (ii) for holding the interest of the Pledgee in all book-entry securities in accordance with the provisions of this Pledge Agreement. All Account Funds Collateral shall be credited to the Collateral Account and segregated from all other property, including, without limitation, that of the Pledgor and the Pledgee.
Appears in 1 contract
Samples: Securities Pledge Agreement (Brookdale Living Communities Inc)
Custodian Appointed Attorney-in-Fact and Agent. (a) The Pledgor hereby irrevocably appoints the Custodian 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 during which an Event of Default described in Section 6.1 exists (the Custodian being entitled to rely upon a notice from Pledgee that such Event of Default exists) or upon the Pledgor's failure to comply with the Collateral Requirement in accordance with the terms hereof, to take any action and to execute any instrument as directed by the Pledgee to accomplish the purposes of this Pledge Agreement with respect to the Account Funds, including without limitation:
(i) to ask, demand, collect, sue xxx for, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in respect of the Account Funds;
(ii) to receive, endorse, and collect any drafts or other instruments, documents and chattel paper, in connection with clause (a) above; and
(iii) to file any claims or take any action or institute any proceedings as directed by the Pledgee for the collection of any of the Account Funds or otherwise to enforce the rights of the Custodian with respect to any of the Account Funds. The Pledgor hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section is irrevocable and coupled with an interest.
(b) The Pledgee hereby appoints the Custodian as the Pledgee's agent for retaining physical possession of the Account Funds in accordance with the terms of this Pledge Agreement. All Account Funds shall be segregated from all other property, including, without limitation, that of the Pledgor and the Pledgee.
Appears in 1 contract
Samples: Pledge Agreement (Brookdale Living Communities Inc)
Custodian Appointed Attorney-in-Fact and Agent. (a) The Pledgor hereby irrevocably appoints the Custodian 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 during which an Event of Default described in Section 6.1 exists (the Custodian being entitled to rely upon a notice from Pledgee that such Event of Default exists) or upon the Pledgor's failure to comply with the Collateral Requirement in accordance with the terms hereof, to take any action and to execute any instrument as directed by the Pledgee to accomplish the purposes of this Pledge Agreement with respect to the Account Funds, including without limitation:
(i) to ask, demand, collect, sue for, recover, compromise, receive and give gxxx acquittance and receipts for moneys due and to become due under or in respect of the Account Funds;
(ii) to receive, endorse, and collect any drafts or other instruments, documents and chattel paper, in connection with clause (a) above; and
(iii) to file any claims or take any action or institute any proceedings as directed by the Pledgee for the collection of any of the Account Funds or otherwise to enforce the rights of the Custodian with respect to any of the Account Funds. The Pledgor hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section is irrevocable and coupled with an interest.
(b) The Pledgee hereby appoints the Custodian as the Pledgee's agent for retaining physical possession of the Account Funds in accordance with the terms of this Pledge Agreement. All Account Funds shall be segregated from all other property, including, without limitation, that of the Pledgor and the Pledgee.
Appears in 1 contract
Samples: Pledge Agreement (Brookdale Living Communities Inc)
Custodian Appointed Attorney-in-Fact and Agent. (a) The Pledgor hereby irrevocably appoints the Custodian 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 during which an Event of Default described in Section 6.1 exists (the Custodian being entitled to rely upon a notice from Pledgee that such Event of Default exists) or upon the Pledgor's failure to comply with the Collateral Requirement in accordance with the terms hereof, to take any action and to execute any instrument as directed by the Pledgee to accomplish the purposes of this Pledge Agreement with respect to the Account Funds, including without limitation:
(i) to ask, demand, collect, sue for, recover, compromise, receive and give acquittance and receipts for moneys due and to become due under or in respect of the Account Funds;
(ii) to receive, endorse, and collect any drafts or other instruments, documents and chattel paper, in connection with clause (a) above; and
(iii) to file any claims or take any action or institute any proceedings as directed by the Pledgee for the collection of any of the Account Funds or otherwise to enforce the rights of the Custodian with respect to any of the Account Funds. The Pledgor hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section is irrevocable and coupled with an interest.
(b) The Pledgee hereby appoints the Custodian as the Pledgee's agent for retaining physical possession of the Account Funds in accordance with the terms of this Pledge Agreement. All Account Funds shall be segregated from all other property, including, without limitation, that of the Pledgor and the Pledgee.this
Appears in 1 contract
Samples: Pledge Agreement (Brookdale Living Communities Inc)