Common use of Durable Power of Attorney Clause in Contracts

Durable Power of Attorney. You irrevocably constitute and appoint the Fund with full power of substitution, the true and lawful attorney-in-fact for you and in your name, place and xxxxx to act as follows: a. To execute effective as of your Admission Date, the Fund Agreement (including counterparts thereof) in your name and on your behalf; b. To make, execute, sign, acknowledge, swear to, deliver, record and file any and all filings required to be made by you under the Exchange Act with respect to any of the Interests which may be deemed to be beneficially owned by you under the Exchange Act, and the following documents, or any documents or instruments that may be considered necessary or desirable to the Fund to carry out fully the provisions of the following documents: (1) the Fund Agreement; (2) any amendments to the Fund Agreement, adopted or approved in accordance with the terms of the same; (3) any certificate of formation or other document required to be filed with the appropriate authorities in any jurisdiction; (4) any agreements with the makers of any loan to you, including any loans which may be secured by your Interests; (5) if applicable, any agreements or other instruments in connection with the transfer or redemption of your Interests upon your default of any obligation under this Subscription Agreement or the Prospectus and Statement of Additional Information; (6) to make any filings with agencies of the federal government, of any state or local government, or of any other jurisdiction, or execute any additional documentation, which the Fund considers necessary or desirable to carry out the purposes of the Fund Agreement and the business of the Fund or to effect the intent of the terms and conditions of this Subscription Agreement; and (7) any and all instruments, certificates and other documents that may be deemed necessary to effect the winding-up and termination of the Fund; c. (1) To execute, deliver, and file any certificate, document, agreement or other instrument necessary to obtain benefits to which you are otherwise entitled under an applicable tax treaty or the tax laws of any jurisdiction; (2) in connection with the preceding clause (1) to furnish to the relevant tax authorities the information set forth in this Subscription Agreement relating to your tax residence, address, taxpayer identification number and any other information required by such tax authorities; and (3) in connection with the preceding clause (1), to receive information from the relevant tax authorities regarding any delinquencies with respect to any of your tax liabilities; and

Durable Power of Attorney. You irrevocably constitute and appoint the Fund Company with full power of substitution, the true and lawful attorney-in-fact for you and in your name, place and xxxxx to act stead tx xxx as follows: a. To execute effective as of your Admission Date, the Fund Agreement (including counterparts thereof) in your name and on your behalf;. b. To make, execute, sign, acknowledge, swear to, deliver, record and file any and all filings required to be made by you under the Exchange Act with respect to any of the Interests Shares which may be deemed to be beneficially owned by you under the Exchange Act, and the following documents, or any documents or instruments that may be considered necessary or desirable to the Fund Company to carry out fully the provisions of the following documents: (1) the Fund Agreement; (2) any amendments to the Fund Agreement, adopted or approved in accordance with the terms of the same; (3) any certificate of formation incorporation or other document required to be filed with the appropriate authorities in any jurisdiction; (4) any agreements with the makers of any loan to you, including any loans which may be secured by your InterestsShares; (5) if applicable, any agreements or other instruments in connection with the transfer or redemption of your Interests Shares upon your default of any obligation under this Subscription Agreement or the Prospectus and Statement of Additional InformationMemorandum; (6) to make any filings with agencies of the federal government, of any state or local government, or of any other jurisdiction, or execute any additional documentation, which the Fund Company considers necessary or desirable to carry out the purposes of the Fund Agreement and the business of the Fund Company or to effect the intent of the terms and conditions of this Subscription Agreement; and (7) any and all instruments, certificates and other documents that may be deemed necessary to effect the winding-up and termination of the FundCompany; c. (1) To execute, deliver, and file any certificate, document, agreement or other instrument necessary to obtain benefits to which you are otherwise entitled under an applicable tax treaty or the tax laws of any jurisdiction; , (2) in connection with the preceding clause (1) ), to furnish to the relevant tax authorities the information set forth in this Subscription Agreement relating to your tax residence, address, taxpayer identification number and any other information required by such tax authorities; , and (3) in connection with the preceding clause (1), to receive information from the relevant tax authorities regarding any delinquencies with respect to any of your tax liabilities; and

Durable Power of Attorney. You irrevocably constitute Borrower hereby makes, constitutes and appoint the Fund with full power of substitution, appoints Secured Party the true and lawful agent and attorney-in-fact of Borrower with full power of substitution (a) to receive, open and dispose of all mail addressed to Borrower relating to the Collateral, (b) if an Event of Default has occurred, to notify and direct the United States Post Office authorities by notice given in the name of Borrower and to sign on behalf of Borrower, to change the address for you delivery of all mail addressed to Borrower relating to the Collateral to an address to be designated by Secured Party, and to cause such mail to be delivered to such designated address where Secured Party may open all such mail and remove therefrom any notes, checks, acceptances, drafts, money orders or other instruments included in your namethe Collateral in which Secured Party has a security interest under the terms of this Agreement, place with full power to endorse the name of Borrower upon any such notes, checks, acceptances, drafts, money orders, instruments or other documents relating to the Collateral or security of any kind and xxxxx to act as follows: a. To execute effective as effect the deposit and collection thereof, and Secured Party shall have the further right and power to endorse the name of your Admission DateBorrower on any documents relating to the Collateral, (c) to sign the Fund Agreement name of Borrower to drafts against its debtors, to notices to such debtors, to assignments and notices of assignments, financing statements or other public records or notices and all other instruments and documents, (including counterparts thereofd) to do any and all things necessary and take such actions in your the name and on your behalf; b. To make, execute, sign, acknowledge, swear to, deliver, record and file any and all filings required to be made by you under the Exchange Act with respect to any behalf of the Interests which may be deemed to be beneficially owned by you under the Exchange Act, and the following documents, or any documents or instruments that may be considered necessary or desirable to the Fund to carry out fully the provisions of the following documents: (1) the Fund Agreement; (2) any amendments to the Fund Agreement, adopted or approved in accordance with the terms of the same; (3) any certificate of formation or other document required to be filed with the appropriate authorities in any jurisdiction; (4) any agreements with the makers of any loan to you, including any loans which may be secured by your Interests; (5) if applicable, any agreements or other instruments in connection with the transfer or redemption of your Interests upon your default of any obligation under this Subscription Agreement or the Prospectus and Statement of Additional Information; (6) to make any filings with agencies of the federal government, of any state or local government, or of any other jurisdiction, or execute any additional documentation, which the Fund considers necessary or desirable Borrower to carry out the purposes intent of this Agreement, including, without limitation, the grant of the Fund security interest granted under this Agreement and to perfect and protect the business security interest granted to Secured Party in respect to the Collateral and Secured Party’s rights created under this Agreement. Borrower agrees that neither Secured Party nor any of its agents, designees or attorneys-in-fact will be liable for any acts of commission or omission, or for any error of judgment or mistake of fact or law in respect to the exercise of the Fund power of attorney granted under this Section. The power of attorney granted under this Section shall be irrevocable during the term of this Agreement. This power of attorney shall not be affected by the subsequent disability or to effect the intent incapacity of the terms Borrower and conditions shall in all respects constitute a durable power of this Subscription Agreement; and (7) any and all instruments, certificates and other documents that may be deemed necessary to effect the winding-up and termination of the Fund; c. (1) To execute, deliver, and file any certificate, document, agreement or other instrument necessary to obtain benefits to which you are otherwise entitled under an applicable tax treaty or the tax laws of any jurisdiction; (2) in connection with the preceding clause (1) to furnish to the relevant tax authorities the information set forth in this Subscription Agreement relating to your tax residence, address, taxpayer identification number and any other information required by such tax authorities; and (3) in connection with the preceding clause (1), to receive information from the relevant tax authorities regarding any delinquencies with respect to any of your tax liabilities; andattorney.

Durable Power of Attorney. You irrevocably constitute and appoint the Fund Company with full power of substitution, the true and lawful attorney-in-fact for you and in your name, place and xxxxx to act as follows: a. To execute effective as of your Admission Date, the Fund Agreement (including counterparts thereof) in your name and on your behalf;. b. To make, execute, sign, acknowledge, swear to, deliver, record and file any and all filings required to be made by you under the Exchange Act with respect to any of the Interests Shares which may be deemed to be beneficially owned by you under the Exchange Act, and the following documents, or any documents or instruments that may be considered necessary or desirable to the Fund Company to carry out fully the provisions of the following documents: (1) the Fund Agreement; (2) any amendments to the Fund Agreement, adopted or approved in accordance with the terms of the same; (3) any certificate of formation incorporation or other document required to be filed with the appropriate authorities in any jurisdiction; (4) any agreements with the makers of any loan to you, including any loans which may be secured by your InterestsShares; (5) if applicable, any agreements or other instruments in connection with the transfer or redemption of your Interests Shares upon your default of any obligation under this Subscription Agreement or the Prospectus and Statement of Additional InformationMemorandum; (6) to make any filings with agencies of the federal government, of any state or local government, or of any other jurisdiction, or execute any additional documentation, which the Fund Company considers necessary or desirable to carry out the purposes of the Fund Agreement and the business of the Fund Company or to effect the intent of the terms and conditions of this Subscription Agreement; and (7) any and all instruments, certificates and other documents that may be deemed necessary to effect the winding-up and termination of the FundCompany; c. (1) To execute, deliver, and file any certificate, document, agreement or other instrument necessary to obtain benefits to which you are otherwise entitled under an applicable tax treaty or the tax laws of any jurisdiction; , (2) in connection with the preceding clause (1) ), to furnish to the relevant tax authorities the information set forth in this Subscription Agreement relating to your tax residence, address, taxpayer identification number and any other information required by such tax authorities; , and (3) in connection with the preceding clause (1), to receive information from the relevant tax authorities regarding any delinquencies with respect to any of your tax liabilities; and

Durable Power of Attorney. You irrevocably constitute and appoint the Fund with full power of substitution, the true and lawful attorney-in-fact for you and in your name, place and xxxxx to act as follows: a. To execute effective as of your Admission Date, the Fund Agreement (including counterparts thereof) in your name and on your behalf; b. To make, execute, sign, acknowledge, swear to, deliver, record and file any and all filings required to be made by you under the Exchange Act with respect to any of the Interests Shares which may be deemed to be beneficially owned by you under the Exchange Act, and the following documents, or any documents or instruments that may be considered necessary or desirable to the Fund to carry out fully the provisions of the following documents: (1) the Fund Agreement; (2) any amendments to the Fund Agreement, adopted or approved in accordance with the terms of the same; (3) any certificate of formation formation, incorporation or other document required to be filed with the appropriate authorities in any jurisdiction; (4) any agreements with the makers of any loan to you, including any loans which may be secured by your InterestsShares; (5) if applicable, any agreements or other instruments in connection with the transfer or redemption of your Interests Shares upon your default of any obligation under this Subscription Agreement or the Prospectus and Statement of Additional InformationMemorandum; (6) to make any filings with agencies of the federal government, of any state or local government, or of any other jurisdiction, or execute any additional documentation, which the Fund considers necessary or desirable to carry out the purposes of the Fund Agreement and the business of the Fund or to effect the intent of the terms and conditions of this Subscription Agreement; and (7) any and all instruments, certificates and other documents that may be deemed necessary to effect the winding-up and termination of the Fund; c. (1) To execute, deliver, and file any certificate, document, agreement or other instrument necessary to obtain benefits to which you are otherwise entitled under an applicable tax treaty or the tax laws of any jurisdiction; , (2) in connection with the preceding clause (1) ), to furnish to the relevant tax authorities the information set forth in this Subscription Agreement relating to your tax residence, address, taxpayer identification number and any other information required by such tax authorities; , and (3) in connection with the preceding clause (1), to receive information from the relevant tax authorities regarding any delinquencies with respect to any of your tax liabilities; and c. To adjust the number of Shares held by you, by increasing or decreasing your Shares as appropriate and by executing any necessary documents in connection therewith, if an incorrect number of Shares is issued to you. The power of attorney hereby granted shall be deemed to be coupled with an interest, shall be irrevocable, and shall survive bankruptcy, insolvency, dissolution or termination or any transfer or assignment of all or any portion of your interest in the Fund.

Durable Power of Attorney. You irrevocably constitute and appoint the Fund Manager, with full power of substitution, the true and lawful attorney-in-fact for you and in your name, place and xxxxx to act as follows: a. To If applicable based on the Fund to which you have subscribed, to execute effective as of your Admission Date, the Fund Agreement (including counterparts thereof) in your name and on your behalf; b. To make, execute, sign, acknowledge, swear to, deliver, record and file any and all filings required to be made by you under the Exchange Act with respect to any of the Interests which may be deemed to be beneficially owned by you under the Exchange Act, and the following documents, or any documents or instruments that may be considered necessary or desirable to the Fund Manager to carry out fully the provisions of the following documents: (1) the Fund Agreement; (2) any amendments to the Fund Agreement, adopted or approved in accordance with the terms of the same; (3) any certificate of formation limited partnership, incorporation or other document required to be filed with the appropriate authorities in any jurisdiction; (4) any agreements with the makers of any loan to you, including any loans which may be secured by your InterestsFund Interest; (5) if applicableapplicable based on the Fund to which you have subscribed, any agreements or other instruments in connection with the transfer or redemption of your Interests Fund Interest upon your default of any obligation under this Subscription Agreement or the Prospectus and Statement of Additional InformationFund Agreement; (6) to make any filings with agencies of the federal government, of any state or local government, or of any other jurisdiction, or execute any additional documentation, which the Fund Manager considers necessary or desirable to carry out the purposes of the Fund Agreement and the business of the Fund or to effect the intent of the terms and conditions of this Subscription Agreement; and (7) any and all instruments, certificates and other documents that may be deemed necessary to effect the winding-up and termination of the Fund; c. (1) To execute, deliver, and file any certificate, document, agreement or other instrument necessary to obtain benefits to which you are otherwise entitled under an applicable tax treaty or the tax laws of any jurisdiction; (2) in connection with the preceding clause (1) to furnish to the relevant tax authorities the information set forth in this Subscription Agreement relating to your tax residence, address, taxpayer identification number and any other information required by such tax authorities; and (3) in connection with the preceding clause (1), to receive information from the relevant tax authorities regarding any delinquencies with respect to any of your tax liabilities; and

Durable Power of Attorney. You irrevocably constitute Borrower hereby makes, constitutes and appoint appoints the Fund with full power of substitution, Collateral Agent the true and lawful agent and attorney-in-fact of Borrower with full power of substitution (a) to receive, open and dispose of all mail addressed to Borrower relating to the Collateral, (b) to notify and direct the United States Post Office authorities by notice given in the name of Borrower and to sign on behalf of Borrower, to change the address for you delivery of all mail addressed to Borrower relating to the Collateral to an address to be designated by the Collateral Agent, and to cause such mail to be delivered to such designated address where the Collateral Agent may open all such mail and remove therefrom any notes, checks, acceptances, drafts, money orders or other instruments included in your namethe Collateral in which the Collateral Agent has a security interest under the terms of this Agreement, place with full power to endorse the name of Borrower upon any such notes, checks, acceptances, drafts, money orders, instruments or other documents relating to the Collateral or security of any kind and xxxxx to act as follows: a. To execute effective as effect the deposit and collection thereof, and the Collateral Agent shall have the further right and power to endorse the name of your Admission DateBorrower on any documents relating to the Collateral, (c) to sign the Fund Agreement name of Borrower to drafts against its debtors, to notices to such debtors, to assignments and notices of assignments, (including counterparts thereofd) to sign the name of Borrower to financing statements or other public records or notices and all other instruments and documents, and (e) to do any and all things necessary and take such actions in your the name and on your behalf; b. To make, execute, sign, acknowledge, swear to, deliver, record and file any and all filings required to be made by you under the Exchange Act with respect to any behalf of the Interests which may be deemed to be beneficially owned by you under the Exchange Act, and the following documents, or any documents or instruments that may be considered necessary or desirable to the Fund to carry out fully the provisions of the following documents: (1) the Fund Agreement; (2) any amendments to the Fund Agreement, adopted or approved in accordance with the terms of the same; (3) any certificate of formation or other document required to be filed with the appropriate authorities in any jurisdiction; (4) any agreements with the makers of any loan to you, including any loans which may be secured by your Interests; (5) if applicable, any agreements or other instruments in connection with the transfer or redemption of your Interests upon your default of any obligation under this Subscription Agreement or the Prospectus and Statement of Additional Information; (6) to make any filings with agencies of the federal government, of any state or local government, or of any other jurisdiction, or execute any additional documentation, which the Fund considers necessary or desirable Borrower to carry out the purposes intent of this Agreement, including, without limitation, the grant of the Fund security interest granted under this Agreement and to perfect and protect the business security interest granted to the Collateral Agent in respect to the Collateral and the Collateral Agent's rights created under this Agreement. Borrower agrees that neither the Collateral Agent nor any of its agents, designees or attorneys-in-fact will be liable for any acts of commission or omission (other than for acts of commission or omission which constitute gross negligence or willful misconduct as determined by a court of competent jurisdiction in a final, nonappealable order), or for any error of judgment or mistake of fact or law in respect to the exercise of the Fund or to effect power of attorney granted under this Section. The power of attorney granted under this Section shall be irrevocable during the intent of the terms and conditions term of this Subscription Agreement; and (7) any and all instruments, certificates and other documents that may be deemed necessary to effect the winding-up and termination of the Fund; c. (1) To execute, deliver, and file any certificate, document, agreement or other instrument necessary to obtain benefits to which you are otherwise entitled under an applicable tax treaty or the tax laws of any jurisdiction; (2) in connection with the preceding clause (1) to furnish to the relevant tax authorities the information set forth in this Subscription Agreement relating to your tax residence, address, taxpayer identification number and any other information required by such tax authorities; and (3) in connection with the preceding clause (1), to receive information from the relevant tax authorities regarding any delinquencies with respect to any of your tax liabilities; and.

Durable Power of Attorney. You irrevocably constitute Borrower hereby makes, constitutes and appoint the Fund with full power of substitution, appoints Secured Party the true and lawful agent and attorney-in-fact of Borrower with full power of substitution (a) to receive, open and dispose of all mail addressed to Borrower relating to the Collateral, (b) if an Event of Default has occurred, to notify and direct the United States Post Office authorities by notice given in the name of Borrower and to sign on behalf of Borrower, to change the address for you delivery of all mail addressed to Borrower relating to the Collateral to an address to be designated by Secured Party, and to cause such mail to be delivered to such designated address where Secured Party may open all such mail and remove therefrom any notes, checks, acceptances, drafts, money orders or other instruments included in your namethe Collateral in which Secured Party has a security interest under the terms of this Agreement, place with full power to endorse the name of Borrower upon any such notes, checks, acceptances, drafts, money orders, instruments or other documents relating to the Collateral or security of any kind and xxxxx to act as follows: a. To execute effective as effect the deposit and collection thereof, and Secured Party shall have the further right and power to endorse the name of your Admission DateBorrower on any documents relating to the Collateral, (c) to sign the Fund Agreement name of Borrower to drafts against its debtors, to notices to such debtors, to assignments and notices of assignments, financing statements or other public records or notices and all other instruments and documents, (including counterparts thereofd) to do any and all things necessary and take such actions in your the name and on your behalf; b. To make, execute, sign, acknowledge, swear to, deliver, record and file any and all filings required to be made by you under the Exchange Act with respect to any behalf of the Interests which may be deemed to be beneficially owned by you under the Exchange Act, and the following documents, or any documents or instruments that may be considered necessary or desirable to the Fund to carry out fully the provisions of the following documents: (1) the Fund Agreement; (2) any amendments to the Fund Agreement, adopted or approved in accordance with the terms of the same; (3) any certificate of formation or other document required to be filed with the appropriate authorities in any jurisdiction; (4) any agreements with the makers of any loan to you, including any loans which may be secured by your Interests; (5) if applicable, any agreements or other instruments in connection with the transfer or redemption of your Interests upon your default of any obligation under this Subscription Agreement or the Prospectus and Statement of Additional Information; (6) to make any filings with agencies of the federal government, of any state or local government, or of any other jurisdiction, or execute any additional documentation, which the Fund considers necessary or desirable Borrower to carry out the purposes intent of this Agreement, including, without limitation, the grant of the Fund security interest granted under this Agreement and to perfect and protect the business security interest granted to Secured Party in respect to the Collateral and Secured Party's rights created under this Agreement. Borrower agrees that neither Secured Party nor any of its agents, designees or attorneys-in-fact will be liable for any acts of commission or omission, or for any error of judgment or mistake of fact or law in respect to the exercise of the Fund power of attorney granted under this Section. The power of attorney granted under this Section shall be irrevocable during the term of this Agreement. This power of attorney shall not be affected by the subsequent disability or to effect the intent incapacity of the terms Borrower and conditions shall in all respects constitute a durable power of this Subscription Agreement; and (7) any and all instruments, certificates and other documents that may be deemed necessary to effect the winding-up and termination of the Fund; c. (1) To execute, deliver, and file any certificate, document, agreement or other instrument necessary to obtain benefits to which you are otherwise entitled under an applicable tax treaty or the tax laws of any jurisdiction; (2) in connection with the preceding clause (1) to furnish to the relevant tax authorities the information set forth in this Subscription Agreement relating to your tax residence, address, taxpayer identification number and any other information required by such tax authorities; and (3) in connection with the preceding clause (1), to receive information from the relevant tax authorities regarding any delinquencies with respect to any of your tax liabilities; andattorney.

Durable Power of Attorney. You irrevocably constitute Borrower hereby makes, constitutes and appoint the Fund with full power of substitution, appoints Secured Party the true and lawful agent and attorney-in-fact of Borrower with full power of substitution (a) if an Event of Default has occurred, to receive, open and dispose of all mail addressed to Borrower relating to the Collateral, (b) if an Event of Default has occurred, to notify and direct the United States Post Office authorities by notice given in the name of Borrower and to sign on behalf of Borrower, to change the address for you delivery of all mail addressed to Borrower relating to the Collateral to an address to be designated by Secured Party, and to cause such mail to be delivered to such designated address where Secured Party may open all such mail and remove therefrom any notes, checks, acceptances, drafts, money orders or other instruments included in your namethe Collateral in which Secured Party has a security interest under the terms of this Agreement, place with full power to endorse the name of Borrower upon any such notes, checks, acceptances, drafts, money orders, instruments or other documents relating to the Collateral or security of any kind and xxxxx to act as follows: a. To execute effective as effect the deposit and collection thereof, and Secured Party shall have the further right and power to endorse the name of your Admission DateBorrower on any documents relating to the Collateral, (c) to sign the Fund Agreement name of Borrower to drafts against its lessees or other debtors, to notices to such lessees or other debtors, to assignments and notices of assignments, financing statements or other public records or notices and all other instruments and documents, (including counterparts thereofd) to do any and all things necessary and take such actions in your the name and on your behalf; b. To make, execute, sign, acknowledge, swear to, deliver, record and file any and all filings required to be made by you under the Exchange Act with respect to any behalf of the Interests which may be deemed to be beneficially owned by you under the Exchange Act, and the following documents, or any documents or instruments that may be considered necessary or desirable to the Fund to carry out fully the provisions of the following documents: (1) the Fund Agreement; (2) any amendments to the Fund Agreement, adopted or approved in accordance with the terms of the same; (3) any certificate of formation or other document required to be filed with the appropriate authorities in any jurisdiction; (4) any agreements with the makers of any loan to you, including any loans which may be secured by your Interests; (5) if applicable, any agreements or other instruments in connection with the transfer or redemption of your Interests upon your default of any obligation under this Subscription Agreement or the Prospectus and Statement of Additional Information; (6) to make any filings with agencies of the federal government, of any state or local government, or of any other jurisdiction, or execute any additional documentation, which the Fund considers necessary or desirable Borrower to carry out the purposes intent of this Agreement, including, without limitation, the grant of the Fund security interest granted under this Agreement and to perfect and protect the business of the Fund or security interest granted to effect the intent of the terms and conditions of this Subscription Agreement; and (7) any and all instruments, certificates and other documents that may be deemed necessary to effect the winding-up and termination of the Fund; c. (1) To execute, deliver, and file any certificate, document, agreement or other instrument necessary to obtain benefits to which you are otherwise entitled under an applicable tax treaty or the tax laws of any jurisdiction; (2) Secured Party in connection with the preceding clause (1) to furnish respect to the relevant tax authorities the information set forth in Collateral and Secured Party's rights created under this Subscription Agreement relating to your tax residence, address, taxpayer identification number and any other information required by such tax authorities; and (3) in connection with the preceding clause (1), to receive information from the relevant tax authorities regarding any delinquencies with respect to Agreement. Borrower agrees that neither Secured Party nor any of your tax liabilities; andits agents, designees or attorneys-in-fact will be liable for any acts of commission or omission (other than for acts of commission or omission which constitute gross negligence or willful misconduct as