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 discharge or release any Obligated Party without affecting any of the Obligations; (h) to execute in the name of Borrower and to file against Borrower in favor of Lender, at any time, financing statements or amendments thereto with respect to any or all of the Collateral; and (i) to execute in the name of Borrower, and to file on behalf of Borrower with such governmental authorities as are appropriate, at any time, such documents (including applications and certificates) as may be required for the purpose of having Borrower qualified to transact business in a particular state or geographic location.
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Samples: Loan and Security Agreement (Deja Foods Inc), Loan and Security Agreement (Deja Foods Inc)
Lender's Powers. Borrower Each Credit Party hereby authorizes Lender and any designee of Lender, at Borrowersuch Credit Party'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 Borrowersuch Credit Party, 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 Borrowersuch Credit Party, 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 of the letters attached hereto as Exhibit AXxxxxxxx X- 0 through A-4, that the Collateral has been assigned to Lender by Borrower such Credit Party 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 such Credit Party 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 Borrowersuch Credit Party, 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 Borrowersuch Credit Party, and to receive and open mail addressed to Borrowersuch Credit Party; (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 discharge or release any Obligated Party without affecting any of the Obligations; (h) to execute in the name of Borrower such Credit Party and to file against Borrower such Credit Party in favor of Lender, at any time, financing statements or amendments thereto with respect to any or all of the Collateral; and (i) to execute in the name of Borrowersuch Credit Party, and to file on behalf of Borrower such Credit Party with such governmental authorities as are appropriate, at any time, such documents (including applications and certificates) as may be required for the purpose of having Borrower such Credit Party qualified to transact business in a particular state or geographic location.
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Samples: Loan and Security Agreement (American Tonerserv Corp.), Loan and Security Agreement (American Tonerserv Corp.)
Lender's Powers. Borrower hereby authorizes Lender and any designee of Lender, at Borrower's sole expense, to exercise at any time in Lender's or such designee's sole discretion all or any or all of the following powers, which powers are irrevocable until all of the Obligations have been paid in full and Lender's obligation to make Credit Accommodations has terminatedfull: (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) transmit to any Obligated Party or any bailee notice of the interest of Lender in the Collateral or request from any person or such entity, including any Account Debtor, obligated with respect to any Collateral, including accounts (an "Obligated Party"), or any bailee, at any time and time, in the name of Borrower, Borrower or Lender or any designee of Lender (or by a pseudonym)Lender, verification of information concerning the Monetary Collateral and any amounts owing with respect to the Collateral or any other information concerning the Collateral; thereto, (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 Party to Lender by Borrower and that make 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 bailees 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 steps, actions, suits or proceedings as deemed by Lender may deem necessary or desirable to demandeffect collection of or other realization upon any Collateral, 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); (fe) at any time after the occurrence of an Event of Default, to change the address for delivery of mail to Borrower, Borrower and to receive and open mail addressed to Borrower; , (gf) 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 credit, return of merchandise, any and all accounts or other Collateral, Monetary Collateral and to discharge or release any Obligated Party without affecting any of the Obligations; , (hg) to execute in the name of Borrower and to file against Borrower in favor of Lender, at any time, Lender financing statements or amendments thereto with respect to any or all of the Collateral; , and (ih) to execute in the name of Borrower, Borrower and to file on behalf of Borrower with such governmental authorities as are appropriate, at any time, appropriate such documents (including including, without limitation, applications and certificates) as may be required for the purpose purposes of having Borrower qualified to transact business in a particular state or geographic georaphic location.
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Lender's Powers. Borrower hereby authorizes Lender and any designee of Lender, at Borrower's sole expense, to exercise at any times in Lender's or such designee's sole discretion all or any or all of the following powers, which powers are irrevocable until all of the Obligations have been paid in full and Lender's obligation to make Credit Accommodations has terminated: (a) to full:
5.3.1 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) ;
5.3.2 transmit to any Obligated Party or any bailee notice of the interest of Lender in the Collateral or request from any person or such entity, including any Account Debtor, obligated with respect to any Collateral, including accounts (an "Obligated Party"), or any bailee, at any time and time, in the name of Borrower, Borrower or Lender or any designee of Lender (or by a pseudonym)Lender, verification of information concerning the Monetary Collateral and 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 thereto;
5.3.3 notify any Obligated Party, by means of a letter substantially in the form attached hereto as Exhibit A, that the Collateral has been assigned Party to Lender by Borrower and that make 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 bailees 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 ,
5.3.4 take or bring, in the name of Lender or Borrower, all such steps, actions, suits or proceedings as deemed by Lender may deem necessary or desirable to demand, collect, enforce payment effect collection of and otherwise realize or other realization 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 Collateral;
5.3.5 after the occurrence of an Event of Default, to change the address for delivery of mail to Borrower, Borrower and to receive and open mail addressed to Borrower; (g) at any time ;
5.3.6 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 credit, return of merchandise, any and all accounts or other Collateral, Monetary Collateral and to discharge or release any Obligated Party without affecting any of the Obligations; (h) to ;
5.3.7 execute in the name of Borrower and to file against Borrower in favor of Lender, at any time, Lender financing statements or amendments thereto with respect to any or all of the Collateral; and (i) to and
5.3.8 execute in the name of Borrower, Borrower and to file on behalf of Borrower with such governmental authorities as are appropriate, at any time, appropriate such documents (including applications including, without limitation, applications, certificates, and certificatestax returns) as may be required for the purpose purposes of having Borrower qualified to transact business in a particular state or geographic location.
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