Common use of Lender Appointed Attorney Clause in Contracts

Lender Appointed Attorney. in-Fact --------------------------------- Debtor hereby irrevocably appoints Lender as Debtor's attorney-in-fact, with full authority in the place and stead of Debtor and in the name of Debtor, Lender or otherwise, from time to time after the occurrence and during the continuance of an Event of Default in Lender's discretion to take any action and to execute any instrument that Lender may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation: (a) to obtain and adjust insurance required to be paid to Lender; (b) to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Collateral; (c) to receive, endorse, and collect any drafts or other instruments, documents and chattel paper, in connection with clauses (a) and (b) above; (d) to file any claims or take any action or institute any proceedings that Lender may reasonably deem necessary for the collection of any of the Collateral or otherwise to enforce the rights of Lender with respect to any of the Collateral; (e) to pay or discharge taxes or Liens, levied or placed upon or threatened in writing against the Collateral, the legality or validity thereof and the amounts necessary to discharge the same to be determined by Lender in its sole discretion; (f) to sign and endorse any invoices, freight or express bills, bills of lading, storage or warehouse receipts, assignments, verifications and notices in connection with Accounts and other documents (including without limitation financing statements, continuation statements and other documents necessary or advisable to perfect the Security Interests) relating to the Collateral; and (g) generally to sell, transfer, pledge, make any agreement with respect to or otherwise deal with any of the Collateral as fully and completely as though Lender were the absolute owner thereof for all purposes, and to do, at Lender's option and Debtor's expense, at any time or from time to time, all acts and things that Lender reasonably deems necessary to protect, preserve or realize upon the Collateral. Debtor hereby ratifies and approves all acts of Lender made or taken pursuant to this Section 7. Neither Lender nor any person designated by Lender shall be liable for any acts or omissions or for any error of judgment or mistake of fact or law excluding gross negligence and willful misconduct. This power, being coupled with an interest, is irrevocable so long as this Agreement shall remain in force.

Lender Appointed Attorney. in-Fact --------------------------------- Debtor hereby irrevocably appoints Lender as Debtor's attorney-in-fact, with full authority in the place and stead of Debtor and in the name of Debtor, Lender or otherwise, from time to time after the occurrence and during the continuance continuation of an Event of Default Default, in Lender's discretion discretion, to take any action and to execute any instrument that Lender may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation: (a) to obtain and adjust insurance insuran6e required to be paid to Lender; (b) to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Collateral; (c) to receive, endorse, and collect any drafts or other instruments, documents Instruments and chattel paper, Documents in connection with clauses (a) and (b) above; (d) to file any claims or take any action or institute any proceedings proce6dings that Lender may reasonably deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of Lender with respect to any any-of the Collateral; (e) to pay or discharge taxes or Liens, levied or placed upon or threatened in writing against the Collateral, the legality or validity thereof and the amounts necessary to discharge the same to be determined by Lender in its sole discretion, and such payments made by Lender to become obligations of Debtor to Lender, due and payable immediately without demand; (f) to sign and endorse any invoices, freight or express bills, bills of lading, storage or warehouse receipts, assignments, verifications and notices in connection with Accounts and other documents (including without limitation financing statements, continuation statements and other documents necessary or advisable to perfect the Security Interests) relating to the Collateral; and (g) generally to sell, transfer, pledge, make any agreement with respect to or otherwise deal with any of the Collateral as fully and completely as though Lender were the absolute owner thereof for all purposes, and to do, at Lender's option and Debtor's expense, at any time or from time to time, all acts and things that Lender reasonably deems necessary to protect, preserve or realize upon the Collateral, including, without limitation, to file one or more continuation or financing statements, and amendments thereto (or similar documents required by any laws of any applicable jurisdiction), relating to all or any part of the Collateral without the signature of Debtor. Debtor hereby ratifies and approves all acts of Lender made or taken pursuant to this Section 78. Neither Lender nor any person Person designated by Lender shall be liable for any acts or omissions or for any error of judgment or mistake of fact or law excluding gross negligence and willful misconductlaw. This power, being coupled with an interest, is irrevocable so long as this Agreement shall remain in force.

Lender Appointed Attorney. in-Fact --------------------------------- Debtor Fact. Obligor hereby irrevocably --------------------------------- appoints Lender as Debtor's his attorney-in-fact, with full authority in the place and stead of Debtor Obligor and in the name of DebtorObligor, Lender Lender, or otherwise, from time to time after the occurrence and during the continuance of an Event of Default in Lender's discretion to take any action and to execute any instrument that which Lender may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation: (a) to obtain sign in the name and adjust insurance on behalf of Obligor any financing statements or other papers required to be paid to Lenderunder Section 4; (b) to ask, demand, collect, xxx for, recover, compound, receive receive, and give acquittance and receipts for moneys due and to become due under or in respect of any of the Collateral; (c) to receive, endorse, and collect any drafts or other instruments, documents documents, and chattel paper, paper in connection with clauses (a) and subsection (b) above;; and (d) to file any claims or take any action or institute any proceedings that which Lender may reasonably deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of Lender with respect to any of the Collateral; (e) to pay or discharge taxes or Liens, levied or placed upon or threatened in writing against the Collateral, the legality or validity thereof and the amounts necessary to discharge the same to be determined by Lender in its sole discretion; (f) to sign and endorse any invoices, freight or express bills, bills of lading, storage or warehouse receipts, assignments, verifications and notices in connection with Accounts and other documents (including without limitation financing statements, continuation statements and other documents necessary or advisable to perfect the Security Interests) relating to the Collateral; and (g) generally to sell, transfer, pledge, make any agreement with respect to or otherwise deal with any of the Collateral as fully and completely as though Lender were the absolute owner thereof for all purposes, and to do, at Lender's option and Debtor's expense, at any time or from time to time, all acts and things that Lender reasonably deems necessary to protect, preserve or realize upon the Collateral. Debtor Obligor hereby ratifies and approves all acts of Lender made or taken pursuant to this Section 7as such attorney- in-fact. Neither Lender nor any person designated by Lender shall not, in its capacity as such attorney-in-fact, be liable for any acts or omissions or omissions, nor for any error of judgment or mistake of fact or law excluding law, but only for gross negligence and or willful misconduct. This power, being coupled with an interest, is irrevocable so long until all Liabilities have been fully satisfied and until Lender is no longer committed to allow additional Liabilities to be incurred. Any amounts received or collected by Lender in its capacity as this Agreement such attorney-in-fact shall remain be held as cash collateral and applied as provided in forceSection 12(b).