Common use of Financing Statements; Power of Attorney Clause in Contracts

Financing Statements; Power of Attorney. Each Borrower authorizes Bank at such Borrower’s expense to file any financing statements and/or amendments thereto relating to the Collateral (without such Borrower’s signature thereon) which Bank deems appropriate that (a) indicate the Collateral (i) as “all assets” of such Borrower or words of similar effect, if appropriate, regardless of whether any particular asset comprised in the Collateral falls within the scope of Article 9 of the Code, or (ii) by specific Collateral category, and (b) provide any other information required by part 5 of Article 9 of the Code for the sufficiency or filing office acceptance of any financing statement or amendment. Each Borrower irrevocably appoints Bank as its attorney-in-fact to execute any such financing statements and/or control agreements in such Borrower’s name and to perform all other acts, at such Borrower’s expense, which Bank deems appropriate, in its Permitted Discretion, to perfect and to continue perfection of the security interest of Bank. Each Borrower hereby appoints Bank as such Borrower’s attorney-in-fact solely for the limited purpose to endorse, present and collect on behalf of such Borrower and in such Borrower’s name any draft, checks or other documents necessary or desirable to collect any amounts which such Borrower may be owed. Upon the occurrence and during the continuation of an Event of Default, Bank is hereby granted a license or other right to use, without charge, each Borrower’s labels, patents, copyrights, rights of use of any name, trade secrets, trade names, trademarks and advertising matter, or any property of a similar nature, solely as it pertains to the Collateral, in advertising for sale and selling any Collateral, and each Borrower’s rights under all licenses and all franchise agreements shall inure to Bank’s benefit. Upon the occurrence and during the continuation of an Event of Default, the proceeds realized from the sale or other disposition of any Collateral may be applied, after allowing two (2) Business Days for collection, first to the reasonable costs, expenses and attorneys’ fees and expenses incurred by Bank for collection and for acquisition, completion, protection, removal, storage, sale and delivering of the Collateral; secondly, to interest due upon any of the Obligations; and thirdly, to the principal amount of the Obligations and to any other Obligations then outstanding. If any deficiency shall arise, each Borrower shall remain jointly and severally liable to Bank therefor. If any surplus remains, Bank shall immediately return such excess funds to such Borrower.

Financing Statements; Power of Attorney. Each Borrower authorizes Bank at such Borrower’s Borrowers' expense to file any financing statements and/or amendments thereto relating to the Collateral (without such Borrower’s 's signature thereon) which Bank deems appropriate that (a) indicate the Collateral (i) as “"all assets” " of such Borrower or words of similar effect, if appropriate, regardless of whether any particular asset comprised in the Collateral falls within the scope of Article 9 of the Code, or (ii) by specific Collateral category, and (b) provide any other information required by part 5 of Article 9 of the Code for the sufficiency or filing office acceptance of any financing statement or amendment. Each Borrower irrevocably appoints Bank as its attorney-in-fact to execute any such financing statements and/or control agreements in such Borrower’s 's name and to perform all other acts, at such Borrower’s Borrowers' expense, which Bank deems appropriate, in its Permitted Discretion, appropriate to perfect and to continue perfection of the security interest of Bank. Each Borrower hereby appoints Bank as such Borrower’s 's attorney-in-fact solely for the limited purpose to endorse, present and collect on behalf of such Borrower and in such Borrower’s 's name any draft, checks or other documents necessary or desirable to collect any amounts which such Borrower may be owed. Upon the occurrence and during the continuation of an Event of Default, Bank is hereby granted a license or other right to use, without charge, each Borrower’s labels, patents, copyrights, rights of use of any name, trade secrets, trade names, trademarks and advertising matter, or any property of a similar nature, solely as it pertains to the Collateral, in advertising for sale and selling any Collateral, and each Borrower’s rights under all licenses and all franchise agreements shall inure to Bank’s benefit. Upon the occurrence and during the continuation of an Event of Default, the The proceeds realized from the sale or other disposition of any Collateral may be applied, after allowing two (2) Business Days for collection, first to the reasonable costs, expenses and attorneys’ ' fees and expenses incurred by Bank for collection and for acquisition, completion, protection, removal, storage, sale and delivering of the Collateral; secondly, to interest due upon any of the Obligations; and thirdly, to the principal amount of the Obligations and to any other Obligations then outstanding. If any deficiency shall arise, each Borrower Borrowers shall remain jointly and severally liable to Bank therefor. If any surplus remains, Bank shall immediately return such excess funds to such Borrower.

Financing Statements; Power of Attorney. Each Borrower authorizes Bank Lender at such Borrower’s expense to file any financing statements and/or amendments thereto relating to the Collateral (without such Borrower’s signature thereon) which Bank Lender deems appropriate that (a) indicate the Collateral (i) as “all assets” of such Borrower or words of similar effect, if appropriate, regardless of whether any particular asset comprised in the Collateral falls within the scope of Article 9 of the Code, or (ii) by specific Collateral category, and (b) provide any other information required by part Part 5 of Article 9 of the Code for the sufficiency or filing office acceptance of any financing statement or amendment. Each , Borrower irrevocably appoints Bank Lender as its attorney-in-fact to execute any such financing statements and/or control agreements in such Borrower’s name and to perform all other acts, at such Borrower’s 's expense, which Bank Lender deems appropriate, in its Permitted Discretion, appropriate to perfect and to continue perfection of the security interest of BankLender. Each Borrower hereby appoints Bank Lender as such Borrower’s attorney-in-fact solely for the limited purpose to endorse, present and collect on behalf of such Borrower and in such Borrower’s name any draft, checks or other documents necessary or desirable to collect any amounts which such Borrower may be owed. Upon the occurrence and during the continuation of an Event of Default, Bank Lender is hereby granted a license or other right to use, without charge, each Borrower’s labels, patents, copyrights, rights of use of any name, trade secrets, trade names, trademarks and advertising matter, or any property of a similar nature, solely as it pertains to the Collateral, in advertising for sale and selling any Collateral, and each Borrower’s rights under all licenses and all franchise agreements shall inure to BankLender’s benefit. Upon the occurrence and during the continuation of an Event of Default, the The proceeds realized from the sale or other disposition of any Collateral may be applied, after allowing two (2) Business Days for collection, first to the reasonable costs, expenses and attorneys’ fees and expenses incurred by Bank Lender for collection and for acquisition, completion, protection, removal, storage, sale and delivering of the Collateral; secondly, to interest due upon any of the ObligationsIndebtedness; and thirdly, to the principal amount of the Obligations and to any other Obligations then outstandingIndebtedness. If any deficiency shall arise, each Borrower shall remain jointly and severally liable to Bank Lender therefor. If any surplus remains, Bank shall immediately return such excess funds to such Borrower.

Financing Statements; Power of Attorney. Each Borrower authorizes Bank Agent at such Borrower’s expense to file any financing statements and/or amendments thereto relating to the Collateral (without such Borrower’s signature thereon) which Bank Agent deems appropriate that (a) indicate the Collateral (i) as “all assets” of such Borrower or words of similar effect, if appropriate, regardless of whether any particular asset comprised in the Collateral falls within the scope of Article 9 of the Code, or (ii) by specific Collateral category, and (b) provide any other information required by part Part 5 of Article 9 of the Code for the sufficiency or filing office acceptance of any financing statement or amendment. Each Borrower irrevocably appoints Bank Agent as its attorney-in-fact to execute any such financing statements and/or control agreements in such Borrower’s name and to perform all other acts, at such Borrower’s expense, which Bank Agent deems appropriate, in its Permitted Discretion, appropriate to perfect and to continue perfection of the security interest of BankAgent. Each Borrower hereby appoints Bank Agent as such Borrower’s attorney-in-fact solely for the limited purpose to endorse, present and collect on behalf of such Borrower and in such Borrower’s name any draft, checks or other documents necessary or desirable to collect any amounts which such Borrower may be owed. Upon the occurrence and during the continuation of an Event of Default, Bank Agent is hereby granted a license or other right to use, without charge, each Borrower’s labels, patents, copyrights, rights of use of any name, trade secrets, trade names, trademarks and advertising matter, or any property Property of a similar nature, solely as it pertains to the Collateral, in advertising for sale and selling any Collateral, and each Borrower’s rights under all licenses and all franchise agreements shall inure to BankAgent’s benefit. Upon the occurrence and during the continuation of an Event of Default, the The proceeds realized from the sale or other disposition of any Collateral may be applied, after allowing two (2) Business Days for collection, first to applied as provided in the reasonable costs, expenses 1999 Security Agreement and attorneys’ fees and expenses incurred by Bank for collection and for acquisition, completion, protection, removal, storage, sale and delivering of the Collateral; secondly, to interest due upon any of the Obligations; and thirdly, to the principal amount of the Obligations and to any other Obligations then outstanding. If any deficiency shall arise, each Borrower shall remain jointly and severally liable to Bank therefor. If any surplus remains, Bank shall immediately return such excess funds to such Borrowerthis Agreement.

Financing Statements; Power of Attorney. Each Borrower authorizes Bank at such Borrower’s expense to file any financing statements and/or amendments thereto relating to the Collateral (without such Borrower’s signature thereon) which Bank deems appropriate that (a) indicate the Collateral (i) as “all assets” of such Borrower or words of similar effect, if appropriate, regardless of whether any particular asset comprised in the Collateral falls within the scope of Article 9 of the Code, or (ii) by specific Collateral category, and (b) provide any other information required by part 5 of Article 9 of the Code for the sufficiency or filing office acceptance of any financing statement or amendment. Each Borrower irrevocably appoints Bank as its attorney-in-fact to execute any such financing statements and/or control agreements in such Borrower’s name and to perform all other acts, at such Borrower’s expense, which Bank deems appropriate, in its Permitted Discretion, appropriate to perfect and to continue perfection of the security interest of Bank. Each Upon the occurrence of an event or condition which but for notice or the passage of time, or both, would constitute an Event of Default, Borrower hereby appoints Bank as such Borrower’s attorney-in-fact solely for the limited purpose to endorse, present and collect on behalf of such Borrower and in such Borrower’s name any draft, checks or other documents necessary or desirable to collect any amounts which such Borrower may be owed. Upon the occurrence and during the continuation of an Event of Default, Bank is hereby granted a license or other right to use, without charge, each upon the occurrence of an event or condition which but for notice or the passage of time, or both, would constitute an Event of Default, Borrower’s labels, patents, copyrights, rights of use of any name, trade secrets, trade names, trademarks and advertising matter, or any property Property of a similar nature, solely as it pertains to the Collateral, in advertising for sale and selling any Collateral, and each Borrower’s rights under all licenses and all franchise agreements shall inure to Bank’s benefit. Upon the occurrence and during the continuation of an Event of Default, the The proceeds realized from the sale or other disposition of any Collateral may be applied, after allowing two five (25) Business Days for collection, first to the reasonable costs, expenses and attorneys’ fees and expenses incurred by Bank for collection and for acquisition, completion, protection, removal, storage, sale and delivering of the Collateral; secondly, to interest due upon any of the ObligationsIndebtedness; and thirdly, to the principal amount of the Obligations and to any other Obligations then outstandingIndebtedness. If any deficiency shall arise, each Borrower shall remain jointly and severally liable to Bank therefor. If any surplus remains, Bank shall immediately return such excess funds to such Borrower.

Financing Statements; Power of Attorney. Each Borrower authorizes Bank at such Borrower’s expense to file any financing statements and/or amendments thereto relating to the Collateral (without such Borrower’s signature thereon) which Bank deems appropriate that (a) indicate the Collateral (i) as “all assets” of such Borrower or words of similar effect, if appropriate, regardless of whether any particular asset comprised in the Collateral falls within the scope of Article 9 of the Code, or (ii) by specific Collateral category, and (b) provide any other information required by part 5 of Article 9 of the Code for the sufficiency or filing office acceptance of any financing statement or amendment. Each Borrower irrevocably appoints Bank as its attorney-in-fact to execute any such financing statements and/or control agreements in such Borrower’s name and to perform all other acts, at such Borrower’s expense, which Bank deems appropriate, in its Permitted Discretion, appropriate to perfect and to continue perfection of the security interest of Bank. Each Borrower hereby appoints Bank as such Borrower’s attorney-in-fact solely for the limited purpose to endorse, present and collect on behalf of such Borrower and in such Borrower’s name any draft, checks or other documents necessary or desirable to collect any amounts which such Borrower may be owed. Upon the occurrence and during the continuation of an Event of Default, Bank is hereby granted a license or other right to use, without charge, each Borrower’s labels, patents, copyrights, rights of use of any name, trade secrets, trade names, trademarks and advertising matter, or any property Property of a similar nature, solely as it pertains to the Collateral, in advertising for sale and selling any Collateral, and each Borrower’s rights under all licenses and all franchise agreements shall inure to Bank’s benefit. Upon the occurrence and during the continuation of an Event of Default, the The proceeds realized from the sale or other disposition of any Collateral may be applied, after allowing two (2) Business Days for collection, first to the reasonable costs, expenses and attorneys’ fees and expenses incurred by Bank for collection and for acquisition, completion, protection, removal, storage, sale and delivering of the Collateral; secondly, to interest due upon any of the Obligations; and thirdly, to the principal amount of the Obligations and to any other Obligations then outstanding. If any deficiency shall arise, each Borrower shall remain jointly and severally liable to Bank therefor. If any surplus remains, Bank shall immediately return such excess funds to such Borrower.other

Financing Statements; Power of Attorney. Each Borrower authorizes Bank at such Borrower’s expense to file any financing statements and/or amendments thereto relating to the Collateral (without such Borrower’s signature thereon) which Bank deems appropriate that (a) indicate the Collateral (i) as “"all assets” " of such Borrower or words of similar effect, if appropriate, regardless of whether any particular asset comprised in the Collateral falls within the scope of Article 9 of the Code, or (ii) by specific Collateral category, and (b) provide any other information required by part Part 5 of Article 9 of the Code for the sufficiency or filing office acceptance of any financing statement or amendment. Each , Borrower irrevocably appoints Bank as its attorney-in-fact to execute any such financing statements and/or control agreements in such Borrower’s name and to perform all other acts, at such Borrower’s 's expense, which Bank deems appropriate, in its Permitted Discretion, appropriate to perfect and to continue perfection of the security interest of Bank. Each Borrower hereby appoints Bank as such Borrower’s attorney-in-fact solely for the limited purpose to endorse, present and collect on behalf of such Borrower and in such Borrower’s name any draft, checks or other documents necessary or desirable to collect any amounts which such Borrower may be owed. Upon the occurrence and during the continuation of owed following an Event of Default, . Bank is hereby granted a license or other right to use, without charge, each Borrower’s labels, patents, copyrights, rights of use of any name, trade secrets, trade names, trademarks and advertising matter, or any property Property of a similar nature, solely as it pertains to the Collateral, in advertising for sale and selling any Collateral, and each Borrower’s rights under all licenses and all franchise agreements shall inure to Bank’s benefit. Upon the occurrence and during the continuation of an Event of Default, the The proceeds realized from the sale or other disposition of any Collateral may be applied, after allowing two (2) Business Days for collection, applied first to the reasonable costs, expenses and attorneys’ fees and expenses incurred by Bank for collection and for acquisition, completion, protection, removal, storage, sale and delivering of the Collateral; secondly, to interest due upon any of the ObligationsIndebtedness; and thirdly, to the principal amount of the Obligations and to any other Obligations then outstandingIndebtedness. If any deficiency shall arise, each Borrower shall remain jointly and severally liable to Bank therefor. If any surplus remains, Bank shall immediately return such excess funds to such Borrower.