Lender's Powers. The powers conferred on the Lenders hereunder are solely to protect Lenders’ interest in the Collateral and shall not impose any duty on it to exercise any such powers.
Lender's Powers. Borrower hereby authorizes Lender and any designee of Lender, at Borrower's sole expense, to exercise in Lender's or such designee's sole discretion any or all of the following powers, which powers are irrevocable until the Obligations have been paid in full and Lender's obligation to make Credit Accommodations has terminated: (a) to receive, take, endorse, assign, deliver, accept and deposit, at any time and in the name of Lender or Borrower, any and all cash, checks, commercial paper, drafts, remittances and other instruments and documents relating to the Collateral or the proceeds thereof; (b) to request from any person or entity, including any Account Debtor, obligated with respect to any Collateral, including accounts (an "Obligated Party"), or any bailee, at any time and in the name of Borrower, Lender or any designee of Lender (or by a pseudonym), verification of any amounts owing with respect to the Collateral or any other information concerning the Collateral; (c) at any time after the occurrence of an Event of Default, to notify any Obligated Party, by means of a letter substantially in the form attached hereto as Exhibit A, that the Collateral has been assigned to Lender by Borrower and that payment of accounts and other Collateral is to be made to the order of and directly and solely to Lender, or to notify any bailee as to the disposition of Collateral; (d) at any time after the occurrence of an Event of Default, to require that all invoices and statements sent by Borrower to any Obligated Party or any bailee state that the Collateral has been assigned to Lender and that any payments in respect thereof are to be made directly and solely to Lender; (e) at any time after the occurrence of an Event of Default, to take or bring, in the name of Lender or Borrower, all such actions, suits or proceedings as Lender may deem necessary or desirable to demand, collect, enforce payment of and otherwise realize upon the Collateral (but without any duty to do so, and Lender shall not be liable for any failure to collect or enforce payment thereof); (f) at any time after the occurrence of an Event of Default, to change the address for delivery of mail to Borrower, and to receive and open mail addressed to Borrower; (g) at any time after the occurrence of an Event of Default, upon any terms and conditions, to extend the time of payment of, compromise, or settle for cash, credit or return of merchandise, any and all accounts or other Collateral, and to dischar...
Lender's Powers. The Rural Center authorizes the Lender, and the Lender hereby agrees, to act as trustee for the Rural Center subject to the limitations contained herein, including the provisions of Sections 6.2(B), 6.6 and 6.7 hereof: (i) to negotiate, control, manage and service the Loan; (ii) to enforce or to refrain from enforcing the Loan Documents; (iii) to give consents, commitments or waivers in connection with the Loan Documents; (iv) to acquire additional security for the Loan; (v) to take or refrain from taking any action and make any determination provided for herein or in the Loan Documents; and (vi) to exercise all such powers as are incidental thereto. The Lender acknowledges its status as trustee and represents that it has the power to perform the services listed in this Section. In acting under this Agreement, the Lender agrees to exercise the same degree of care in administering each Loan as it would use in managing its own loans in which no Participation has been issued. The Lender agrees that the exercise of these fiduciary responsibilities as trustee for the Rural Center includes the full and complete pursuit of amounts owed in relation to any unpaid portion of the entire Loan until released from that responsibility in writing by the Rural Center, while the Rural Center retains an undivided interest in the Loan and any related Loan Documents. Further, the Lender agrees that it will take no independent action, unless agreed to in advance and in writing by the Rural Center, that directly, or indirectly by nature of a proceeding or process, releases the Borrower or any guarantor or other responsible party or entity, in full or in partial satisfaction, from a continuing responsibility to repay the Loan and/or other applicable charges/fees in relation to debt collection activities, until all amounts due are paid in full.
Lender's Powers. Borrower hereby authorizes Lender, at Borrower’s sole expense, to exercise at any time in Lender’s discretion all or any of the following powers, which powers are irrevocable until all of the Obligations have been paid in full:
6.3.1. Receive, take, endorse, assign, deliver, accept and deposit, in the name of Lender or Borrower, any and all cash, checks, commercial paper, drafts, remittances and other instruments and documents relating to the Collateral or the proceeds thereof;
6.3.2. Pay any sums necessary to discharge any lien or encumbrance that is senior to Lender’s security interest in the Collateral, which sums shall be included as Obligations hereunder.
6.3.3. Send requests (which may identify the sender by a pseudonym) for verification of any Accounts directly to the Account Debtor or any bailee of the Collateral.
6.3.4. Lender may notify Borrower’s customers that that the underlying Account has been assigned to Lender and that payment thereof is to be made to the order of Lender and sent directly to Lender. The notification may be in the form of Exhibit A.
Lender's Powers. Borrower hereby authorizes Lender, at Borrower’s sole expense, to exercise at any time in Lender’s discretion all or any of the following powers, which powers are irrevocable until all of the Obligations have been paid in full:
7.3.1. receive, take, endorse, assign, deliver, accept and deposit, in the name of Lender or Borrower, any and all cash, checks, commercial paper, drafts, remittances and other instruments and documents relating to the Collateral or the proceeds thereof;
Lender's Powers. Standby Creditors hereby grant Lender full power, in its sole discretion and without notice to Standby Creditors, to deal in any manner with the indebtedness evidenced by the Loan and collateral therefor, including but not limited to the following powers:
A) to modify or otherwise change any term of all or part of the Loan or the interest rate thereon, to grant any amendments, revisions or renewals thereof, or other indulgence with respect thereto, and to effect any release, compromise or settlement with respect thereto;
B) to enter into any agreement of forbearance with respect to all or any part of the indebtedness evidenced by the Loan, or with respect to the Loan or any part of the collateral securing the same, and to change the terms of any such agreements;
C) to forbear from calling for additional collateral to secure the Loan or to secure any obligations comprised in the collateral securing the Loan;
D) to consent to a substitution, exchange or release of all or any part of the collateral securing the Loan, whether or not the collateral, if any, received by the Lender upon any such substitution, exchange or release shall be of the same or a different character or value than the collateral surrendered by Xxxxxx; and
E) to forbear from realizing on any or all of the collateral securing the Loan as in its sole discretion Lender may deem proper.
Lender's Powers. Without affecting the liability of any person for payment or performance of the Secured Obligations, or any of Lender’s rights or remedies, or the priority of this Mortgage, Lender, at its option, may extend the time for payment of the indebtedness secured hereby or any part thereof, reduce payment thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes-therefor, modify the terms and time of payment of the indebtedness, release the lien of this Mortgage on any part of the Property, take or release other or additional security, release or reconvey or cause to be released or reconveyed all or any part of the Property, or consent to the making of any map or plat of the Property, consent to the granting of any easement or creating any restriction on the Property, or join in any subordination or other agreement affecting this Mortgage or the lien or charge hereof. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorneys’ fees as may be incurred at Lender’s option, for any such action if taken at Borrower’s request.
Lender's Powers. All or any of the powers, authorities and discretions which are conferred either expressly or impliedly upon a Receiver of the whole or any part or parts of the Property by law and this Mortgage may be exercised by the Lender in relation to the whole or any part or parts of the Property without first appointing a Receiver of the Property or norwithstanding the appointment of a Receiver of the Property,
Lender's Powers. Borrower hereby authorizes Lender, at Borrower's sole expense, to exercise at any time in Lender's discretion all or any of the following powers, which powers are irrevocable until all of the Obligations have been paid in full:
6.2.1 Receive, take, endorse, assign, deliver, accept and deposit, in the name of Lender or Borrower, any and all cash, checks, commercial paper, drafts, remittances and other instruments and documents relating to the Collateral or the proceeds thereof;
6.2.2 Pay any sums necessary to discharge any lien or encumbrance that is senior to Lender's security interest in the Collateral, which sums shall be included as Obligations hereunder.
Lender's Powers. On the occurrence of a Default Event the Lender may, at any time on the date of the occurrence or any subsequent date, without prejudice to any powers available to a Mortgagee by law, do any of the following by itself or by such agents as it thinks fit and without prior notice to the Borrower:-
