Common use of Lender's Right to Take Certain Actions Clause in Contracts

Lender's Right to Take Certain Actions. Borrower shall do all things and shall deliver all instruments requested by Lender to protect or perfect any security interest, mortgage or Lien given hereunder or in connection herewith including, without limitation, financing statements under the UCC and all documents and instruments necessary under the Federal Assignment of Claims Act. Upon the occurrence of an Event of Default and in the event that Lender requests, Borrower shall instruct its Account Debtors to remit payments directly to Lender or to Lender’s designee. Lender may examine, inspect and copy or make extracts from all property and all books and records of Borrower at any time and all such property and all books and records shall be kept confidential in accordance with the requirements of Section 8.10 of this Agreement subject to the limitations set forth in Section 12.11. Borrower authorizes Lender to execute alone any financing statements or other documents or instruments that Lender may require to perfect, protect or establish any Lien or security interest granted to Lender by Borrower and further authorizes Lender to sign Borrower’s name on the same. Borrower appoints such person or persons as Lender may designate as Borrower’s attorney-in-fact to endorse the name of Borrower on any checks, notes, drafts or other forms of payment or security that may come into the possession of Lender or any Affiliate of Lender, to sign Borrower’s name on invoices or bills of lading, drafts against customers, notice of assignment, verifications and schedules and, generally, and all such property and all books and records shall be kept confidential in accordance with the requirements of Section 8.10 of this Agreement, to do all things necessary to carry out this Agreement. Such attorney-in-fact may notify the Post Office authorities to change the address of delivery of mail to an address designated by Lender, and open and dispose of mail addressed to Borrower. The powers granted herein, being coupled with an interest, are irrevocable, and Borrower approves and ratifies all acts of the attorney-in-fact, provided, however, that such powers shall automatically terminate upon the indefeasible repayment in full of the Obligations. Neither Lender nor the attorney-in-fact shall be liable for any act or omission, error in judgment or mistake of law so long as the same is not willful or grossly negligent. Lender agrees that it shall endeavor to give Borrower prompt written notice of any such actions but Lender’s failure to give any such notice shall not impair or restrict Lender’s rights hereunder.

Lender's Right to Take Certain Actions. Borrower shall do all things and shall deliver all instruments requested by Lender to protect or perfect any security interest, mortgage or Lien given hereunder or in connection herewith including, without limitation, financing statements under the UCC and all documents and instruments necessary under the Federal Assignment of Claims Act. Upon the occurrence of an Event of Default and in the event that Lender requests, Borrower shall instruct its Account Debtors to remit payments directly to Lender or to Lender’s designee. Lender may examine, inspect and copy or make extracts from all property and all books and records of Borrower at any time and all such property and all books and records shall be kept confidential in accordance with the requirements of Section 8.10 of this Agreement subject to the limitations set forth in Section 12.1114.11. Borrower authorizes Lender to execute alone any financing statements or other documents or instruments that Lender may require to perfect, protect or establish any Lien or security interest granted to Lender by Borrower and further authorizes Lender to sign Borrower’s name on the same. Borrower appoints such person or persons as Lender may designate as Borrower’s attorney-in-fact to endorse the name of Borrower on any checks, notes, drafts or other forms of payment or security that may come into the possession of Lender or any Affiliate of Lender, to sign Borrower’s name on invoices or bills of lading, drafts against customers, notice of assignment, verifications and schedules and, generally, and all such property and all books and records shall be kept confidential in accordance with the requirements of Section 8.10 of this Agreement, to do all things necessary to carry out this Agreement. Such attorney-in-fact may notify the Post Office authorities to change the address of delivery of mail to an address designated by Lender, and open and dispose of mail addressed to Borrower. The powers granted herein, being coupled with an interest, are irrevocable, and Borrower approves and ratifies all acts of the attorney-in-fact, provided, however, that such powers shall automatically terminate upon the indefeasible repayment in full of the Obligations. Neither Lender nor the attorney-in-fact shall be liable for any act or omission, error in judgment or mistake of law so long as the same is not willful or grossly negligent. Lender agrees that it shall endeavor to give Borrower prompt written notice of any such actions but Lender’s failure to give any such notice shall not impair or restrict Lender’s rights hereunder.

Lender's Right to Take Certain Actions. Each Borrower shall do all things and shall deliver all instruments requested by Lender to protect or perfect any security interest, mortgage or Lien given hereunder or in connection herewith including, without limitation, financing statements under the UCC and all documents and instruments necessary under the Federal Assignment of Claims Act. Upon the occurrence of an Event of Default and in the event that Lender requests, each Borrower shall instruct its Account Debtors to remit payments directly to Lender or to Lender’s 's designee. Lender may examine, inspect and copy or make extracts from all property and all books and records of each Borrower at any time and all such property and all books and records shall be kept confidential in accordance with the requirements of Section 8.10 of this Agreement subject to the limitations set forth in Section 12.1114.11. Each Borrower authorizes Lender to execute alone any financing statements or other documents or instruments that Lender may require to perfect, protect or establish any Lien or security interest granted to Lender by each Borrower and further authorizes Lender to sign each such Borrower’s 's name on the same. Each Borrower appoints such person or persons as Lender may designate as each such Borrower’s 's attorney-in-fact to endorse the name of each such Borrower on any checks, notes, drafts or other forms of payment or security that may come into the possession of Lender or any Affiliate of Lender, to sign each such Borrower’s 's name on invoices or bills of lading, drafts against customers, notice of assignment, verifications and schedules and, generally, and all such property and all books and records shall be kept confidential in accordance with the requirements of Section 8.10 of this Agreement, to do all things necessary to carry out this Agreement. Such attorney-in-fact may notify the Post Office authorities to change the address of delivery of mail to an address designated by Lender, and open and dispose of mail addressed to either Borrower. The powers granted herein, being coupled with an interest, are irrevocable, and each Borrower approves and ratifies all acts of the attorney-in-fact, provided, however, that such powers shall automatically terminate upon the indefeasible repayment in full of the ObligationsIndebtedness. Neither Lender nor the attorney-in-fact shall be liable for any act or omission, error in judgment or mistake of law so long as the same is not willful or grossly negligent. Lender agrees that it shall endeavor to give Borrower Borrowers prompt written notice of any such actions but Lender’s 's failure to give any such notice shall not impair or restrict Lender’s 's rights hereunder.

Lender's Right to Take Certain Actions. Borrower shall do all things and shall deliver all instruments requested by Lender to protect or perfect any security interest, mortgage or Lien given hereunder or in connection herewith including, without limitation, financing statements under the UCC Uniform Commercial Code and all documents and instruments necessary under the Federal Assignment of Claims Act. Upon the occurrence of an Event of Default and in the event that Lender requests, Borrower shall instruct its Account Debtors to remit payments directly to Lender or to Lender’s 's designee. Lender may examine, inspect and copy or make extracts from all property and all books and records of Borrower at any time and all such property and all books and records shall be kept confidential in accordance with the requirements of Section 8.10 of this Agreement subject to the limitations set forth in Section 12.1114.11. Borrower authorizes Lender to execute alone any financing statements or other documents or instruments that Lender may require to perfect, protect or establish any Lien or security interest granted to Lender by Borrower and further authorizes Lender to sign Borrower’s 's name on the same. Borrower appoints such person or persons as Lender may designate as Borrower’s 's attorney-in-fact to endorse the name of Borrower on any checks, notes, drafts or other forms of payment or security that may come into the possession of Lender or any Affiliate of Lender, to sign Borrower’s 's name on invoices or bills of lading, drafts against customers, notice of assignment, verifications and schedules and, generally, and all such property and all books and records shall be kept confidential in accordance with the requirements of Section 8.10 of this Agreement, to do all things necessary to carry out this Agreement. Such attorney-in-fact may notify the Post Office authorities to change the address of delivery of mail to an address designated by Lender, and open and dispose of mail addressed to Borrower. The powers granted herein, being coupled with an interest, are irrevocable, and Borrower approves and ratifies all acts of the attorney-in-fact, provided, however, that such powers shall automatically terminate upon the indefeasible repayment in full of the ObligationsIndebtedness. Neither Lender nor the attorney-in-fact shall be liable for any act or omission, error in judgment or mistake of law so long as the same is not willful or grossly negligent. Lender agrees that it shall endeavor to give Borrower prompt written notice of any such actions but Lender’s 's failure to give any such notice shall not impair or restrict Lender’s 's rights hereunder.

Lender's Right to Take Certain Actions. Each Borrower shall do all reasonable things and shall deliver all reasonable instruments requested by Lender to protect or perfect any security interest, mortgage or Lien lien given hereunder or in connection herewith including, without limitation, financing statements under the UCC Uniform Commercial Code and all documents and instruments necessary under the Federal Assignment of Claims Act. Upon the occurrence of an Event of Default and in the event that Lender requests, Borrower shall instruct its Account Debtors to remit payments directly to Lender or to Lender’s designee. Lender may examine, inspect and copy or make extracts from all property and all books and records of Borrower Borrowers at any time and all such property and all books and records shall be kept confidential in accordance with the requirements of Section 8.10 of this Agreement subject to the limitations set forth in Section 12.11during regular business hours. Borrower authorizes Lender to execute alone any financing statements statement or other documents or instruments that Lender may require to perfect, protect or establish any Lien or security interest granted to Lender by Borrower hereunder and further authorizes Lender to sign each Borrower’s 's name on the same. Upon the occurrence and during the continuation of any Event of Default, each Borrower appoints such person or persons as Lender may designate as Borrower’s its attorney-in-fact to endorse the name of Borrower on any checks, notes, drafts or other forms of payment or security that may come into the possession of either Lender or any Affiliate of Lender, to sign each Borrower’s 's name on invoices or bills of lading, drafts against customers, notice of assignment, verifications and schedules and, generally, and all such property and all books and records shall be kept confidential in accordance with the requirements of Section 8.10 of this Agreement, to do all things necessary to carry out this Agreement. Such attorney-in-fact may notify the Post Office authorities to change the address of delivery of mail to an address designated by Lender, and open and dispose of mail addressed to Borrower. The powers granted herein, being coupled with an interest, are irrevocable, and each Borrower approves and ratifies all acts of the attorney-in-fact, provided, however, that such powers shall automatically terminate upon the indefeasible repayment in full of the Obligations. Neither the Lender nor the attorney-in-fact shall be liable for any act or omission, error in judgment or mistake of law so long as the same is not willful malicious or grossly negligent. Lender agrees that it shall endeavor to give Borrower prompt written notice of any such actions but Lender’s failure to give any such notice shall not impair or restrict Lender’s rights hereunder.

Lender's Right to Take Certain Actions. Borrower Borrowers shall do all things and shall deliver all instruments reasonably requested by Lender to protect or perfect any security interest, mortgage or Lien given hereunder or in connection herewith including, without limitation, financing statements under the UCC Uniform Commercial Code and all documents and instruments necessary under the Federal Assignment of Claims Act. Upon the occurrence At Lender's request, Borrowers shall cooperate with Lender in obtaining appropriate waivers or subordinations of an Event interest from such third parties. Borrowers shall also cooperate with Lender in obtaining control of Default and in Collateral consisting of Deposit Accounts, Investment Property, Letter of Credit Rights or Electronic Chattel Papers. In the event that Lender requests, Borrower Borrowers shall instruct its Account Debtors to remit payments directly to Lender or to Lender’s 's designee, which may be a Blocked Account. Lender may examine, inspect and copy or make extracts from all property and all books and records of Borrower Borrowers at any time and all such property and all books and records shall be kept confidential in accordance with the requirements of Section 8.10 of this Agreement subject to the limitations set forth in Section 12.11time. Borrower authorizes Borrowers authorize Lender to execute alone any financing statements or other documents or instruments that Lender may require to perfect, protect or establish any Lien or security interest granted to Lender by Borrower Borrowers and further authorizes authorize Lender to sign Borrower’s Borrowers' name on the same. Borrower appoints Borrowers appoint such person or persons as Lender may designate as Borrower’s Borrowers' attorney-in-fact to endorse the name names of Borrower Borrowers on any checks, notes, drafts or other forms of payment or security that may come into the possession of Lender or any Affiliate of Lender, to sign Borrower’s Borrowers' name on invoices or bills of lading, drafts against customers, notice of assignment, verifications and schedules and, generally, and all such property and all books and records shall be kept confidential in accordance with the requirements of Section 8.10 of this Agreement, to do all things necessary to carry out this Agreement. Such attorney-in-fact may notify the Post Office authorities to change the address of delivery of mail to an address designated by Lender, and open and dispose of mail addressed to BorrowerBorrowers. The powers granted herein, being coupled with an interest, are irrevocable, and Borrower approves Borrowers approve and ratifies ratify all acts of the attorney-in-fact, provided, however, that such powers shall automatically terminate upon the indefeasible repayment in full of the Obligations. Neither Lender nor the attorney-in-fact shall be liable for any act or omission, error in judgment or mistake of law so long as the same is not willful or grossly negligent. Lender agrees that it shall endeavor to give Borrower prompt written notice of any such actions but Lender’s failure to give any such notice shall not impair or restrict Lender’s rights hereunder.