Lender's Appointment as Attorney in-Fact. ----------------------------------------
Lender's Appointment as Attorney. IN-FACT; LENDER'S
Lender's Appointment as Attorney in-Fact, etc. (a) Each Grantor --------------------------------------------- hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in- fact with full irrevocable power and authority in the place and stead of such Grantor and in the name of such Grantor or in its own name, for the purpose of carrying out the terms of this Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Agreement, and, without limiting the generality of the foregoing, each Grantor hereby gives the Lender the power and right, on behalf of such Grantor, without notice to or assent by such Grantor, to do any or all of the following:
Lender's Appointment as Attorney in-Fact. On the Closing Date, each ---------------------------------------- Borrower and each other Credit Party executing this Agreement shall execute and deliver a Power of Attorney in the form attached as Exhibit I. THE POWER OF --------- ATTORNEY GRANTED PURSUANT TO THE POWER OF ATTORNEY AND ALL POWERS GRANTED UNDER ANY LOAN DOCUMENT ARE POWERS COUPLED WITH AN INTEREST AND SHALL BE IRREVOCABLE UNTIL THE TERMINATION DATE. The powers conferred on Lender under the Power of Attorney are solely to protect Lender's interests in the Collateral and shall not impose any duty upon it to exercise any such powers. Lender agrees and promises that (a) it shall not exercise any power or authority granted under the Power of Attorney unless an Event of Default has occurred and is continuing, (b) Lender shall only exercise the powers granted under the Power of Attorney in respect of Collateral, provided, except as otherwise required by applicable law, Lender shall not have any duty as to any Collateral, and Lender shall be accountable only for amounts that it actually receives as a result of the exercise of such powers. NONE OF LENDER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES SHALL BE RESPONSIBLE TO BORROWER OR ANY OTHER CREDIT PARTY FOR ANY ACT OR FAILURE TO ACT PURSUANT TO THE POWERS GRANTED UNDER THE POWER OF ATTORNEY OR OTHERWISE, EXCEPT FOR ITS OR THEIR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NOR FOR ANY PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES. Each Borrower and each other Credit Party executing this Agreement also hereby authorizes Lender to file any financing or continuation statement without the signature of such Borrower or such Credit Party to the extent permitted by applicable law.
Lender's Appointment as Attorney in-Fact. (a) Each Grantor hereby irrevocably constitutes and appoints the Lender and any Related Person thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of such Grantor and in the name of such Grantor or in its own name, for the purpose of carrying out the terms of the Loan Documents, to take any appropriate action and to execute any document or instrument that may be necessary or desirable to accomplish the purposes of the Loan Documents, and, without limiting the generality of the foregoing, each Grantor hereby gives the Lender and its Related Persons the power and right, on behalf of such Grantor, without notice to or assent by such Grantor, to do any of the following when an Event of Default shall be continuing:
Lender's Appointment as Attorney in-Fact, etc.
Lender's Appointment as Attorney. IN-FACT. ----------------------------------------
Lender's Appointment as Attorney. In-Fact. FemRx hereby irrevocably appoints Lender as its attorney-in-fact, with full irrevocable power and authority to act in its or his place and steax xx its or his name or in Lender's own name, effective only upon the occurrence and during the continuance of an Event of Default, for the purpose of carrying out the terms of this Agreement and the Note, to take any and all appropriate action and to execute and deliver any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Agreement and, without limiting the generality of the foregoing, to make collections and to otherwise preserve and protect Lender's security interest in the Collateral. FemRx shall execute and deliver to Lender concurrently with its execution and delivery of this Agreement the special power of attorney attached as Exhibit D hereto.
Lender's Appointment as Attorney in-fact. On the Closing Date, Borrower shall execute and deliver a Power of Attorney in the form attached as Exhibit 1. The power of attorney granted pursuant to the Power of Attorney and all powers granted under any Loan Document are powers coupled with an interest and shall be irrevocable until the Termination Date. The powers conferred on Lender under the Power of Attorney are solely to protect Lender's interests in the Collateral and shall not impose any duty upon it to exercise any such powers. Lender agrees and promises that
Lender's Appointment as Attorney in-Fact. Debtors each hereby irrevocably constitute and appoint Lender and any officer or agent thereof, with full power of substitution, as each Debtor's true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of any Debtor and in the name of any Debtor or in Lender's own name, from time to time in Lender's discretion, for the purpose of carrying out the terms of this agreement, to take any and all appropriate action and to execute any and all documents and instruments that may be necessary or desirable to accomplish the purposes of this agreement and, without limiting the generality of the foregoing, hereby grant to Lender the power and right, on behalf of each Debtor, without notice to or assent by Debtors:
