Common use of Notification of Debtors; Grant of Powers Clause in Contracts

Notification of Debtors; Grant of Powers. The Agent on behalf of the Lenders, may or, if directed by a Majority of Lenders, shall have the right at any time after the occurrence and during the continuance of an Event of Default to notify Debtors of its security interest in the Accounts and to require payments to be made directly to Agent or Lenders at such address or in such manner as the Agent may deem appropriate. Upon request of Agent or a Majority of Lenders at any time after the occurrence and during the continuance of an Event of Default, the Borrower will so notify the account Debtors and will indicate on all xxxxxxxx to the account Debtors that the Accounts are payable to Agent, for the benefit of Lenders. To facilitate direct collection, the Borrower hereby appoints the Agent on behalf of the Lenders, Lenders and any officer or employee of the Agent or any Lender as the Agent may from time to time designate, as attorney-in-fact for the Borrower, after the occurrence and during the continuance of an Event of Default, to (a) receive and open of all mail addressed to the Borrower and take therefrom any payments on or proceeds of Accounts, and forward all mail not containing payments to Borrower, (b) take over the Borrower's post office boxes or make other arrangements, in which the Borrower shall cooperate, to receive the Borrower's mail, including notifying the post office authorities to change the address for delivery of mail addressed to the Borrower to such address as the Agent shall designate, (c) endorse the name of the Borrower in favor of the Agent on behalf of the Lenders, or Lenders upon any and all checks, drafts, money orders, notes, acceptances or other evidences or payment or Collateral that may come into the Agent's possession, (d) sign and endorse the name of the Borrower on any invoice or xxxx of lading relating to any of the Accounts, on verifications of Accounts sent to any Debtor, to drafts against Debtors, to assignments of Accounts and to notices to Debtors, and (e) do all acts and things reasonably necessary to carry out this Agreement, including signing the name of the Borrower on any instruments required by law in connection with the transactions contemplated hereby and on Financing Statements as permitted by the Uniform Commercial Code. The Borrower hereby ratifies and approves all acts of such attorneys-in-fact, and neither the Agent nor any other such attorney-in-fact shall be liable for any acts of commission or omission, or for any error of judgment or mistake of fact or law, except for willful misconduct. This power, being coupled with an interest, is irrevocable so long as any of the Obligations remain unsatisfied.

Appears in 1 contract

Samples: Credit Agreement (Us Home & Garden Inc)

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Notification of Debtors; Grant of Powers. The Agent on behalf of the Lenders, may or, if directed by a Majority of Lenders, Lender shall have the right at any time after the occurrence and during the continuance of an Event of Default to notify Account Debtors of its security interest in the Accounts and to require payments to be made directly to Agent or Lenders Lender at such address or in such manner as the Agent Lender may deem appropriate. Upon request of Agent or a Majority of Lenders Lender at any time after the occurrence and during the continuance of an Event of Default, the Borrower will so notify the account Account Debtors and will indicate on all xxxxxxxx to the account Account Debtors that the Accounts are payable to Agent, for the benefit of LendersLender. To facilitate direct collection, the Borrower hereby appoints the Agent on behalf of the Lenders, Lenders Lender and any officer or employee of the Agent or any Lender as the Agent Lender may from time to time designate, as attorney-in-fact for the Borrower, Borrower if after the occurrence and during the continuance of an Event of Default, Default to (a) receive receive, open and open dispose of all mail addressed to the Borrower and take therefrom any payments on or proceeds of Accounts, and forward all mail not containing payments to Borrower, (b) take over the Borrower's post office boxes or make other arrangements, in which the Borrower shall cooperate, to receive the Borrower's mail, including notifying the post office authorities to change the address for delivery of mail addressed to the Borrower to such address as the Agent Lender shall designate, (c) endorse the name of the Borrower in favor of the Agent on behalf of the Lenders, or Lenders Lender upon any and all checks, drafts, money orders, notes, acceptances or other evidences or payment or Collateral that may come into the AgentLender's possession, (d) sign and endorse the name of the Borrower on any invoice or xxxx of lading relating to any of the Accounts, on verifications of Accounts sent to any Account Debtor, to drafts against Account Debtors, to assignments of Accounts and to notices to Debtors, and (e) do all acts and things reasonably necessary to carry out this Agreement, including signing the name of the Borrower on any instruments required by law in connection with the transactions contemplated hereby and on Financing Statements as permitted by the Uniform Commercial Code. The Borrower hereby ratifies and approves all acts of such attorneys-in-fact, and neither the Agent Lender nor any other such attorney-in-fact shall be liable for any acts of commission or omission, or for any error of judgment or mistake of fact or law, except for willful misconductexcluding acts of Lender or such attorney-in-fact that are willful, intentionally malicious or grossly negligent. This power, being coupled with an interest, is irrevocable if after the occurrence of an Event of Default so long as any of the Obligations remain unsatisfied.

Appears in 1 contract

Samples: Subordinated Loan and Security Agreement (Riviera Tool Co)

Notification of Debtors; Grant of Powers. The Agent on behalf of the Lenders, may or, if directed by a Majority of Lenders, Lender shall have the right at any time after the occurrence and during the continuance of an Event of Default to notify Account Debtors of its security interest in the Accounts and to require payments to be made directly to Agent or Lenders the Lender at such address or in such manner as the Agent Lender may deem appropriate. Upon request of Agent or a Majority of Lenders the Lender at any time after the occurrence and during the continuance of an Event of Default, the Borrower will so notify the account Account Debtors and will indicate on all xxxxxxxx to the account Account Debtors that the Accounts are payable to Agent, for the benefit of LendersLender. To facilitate direct collection, the Borrower hereby appoints the Agent on behalf of the Lenders, Lenders Lender and any officer or employee of the Agent or any Lender as the Agent Lender may from time to time designate, as attorney-in-fact for the Borrower, Borrower if after the occurrence and during the continuance of an Event of Default, Default to (a) receive receive, open and open dispose of all mail addressed to the Borrower and take therefrom any payments on or proceeds of Accounts, and forward all mail not containing payments to Borrower, (b) take over the Borrower's ’s post office boxes or make other arrangements, in which the Borrower shall cooperate, to receive the Borrower's ’s mail, including notifying the post office authorities to change the address for delivery of mail addressed to the Borrower to such address as the Agent Lender shall designate, (c) endorse the name of the Borrower in favor of the Agent on behalf of the Lenders, or Lenders Lender upon any and all checks, drafts, money orders, notes, acceptances or other evidences or payment or Collateral that may come into the Agent's Lender’s possession, (d) sign and endorse the name of the Borrower on any invoice or xxxx of lading relating to any of the Accounts, on verifications of Accounts sent to any Account Debtor, to drafts against Account Debtors, to assignments of Accounts and to notices to Debtors, and (e) do all acts and things reasonably necessary to carry out this Agreement, including signing the name of the Borrower on any instruments required by law in connection with the transactions contemplated hereby and on Financing Statements as permitted by the Uniform Commercial Code. The Borrower hereby ratifies and approves all acts of such attorneys-in-fact, and neither the Agent Lender nor any other such attorney-in-fact shall be liable for any acts of commission or omission, or for any error of judgment or mistake of fact or law, except for willful misconductexcluding acts of the Lender or such attorney-in-fact that are willful, malicious or grossly negligent. This power, being coupled with an interest, is irrevocable if after the occurrence of an Event of Default so long as any of the Obligations remain unsatisfied.

Appears in 1 contract

Samples: Subordinated Loan and Security Agreement (Dpac Technologies Corp)

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Notification of Debtors; Grant of Powers. The Agent on behalf of the Lenders, may or, if directed by a Majority of Lenders, Lender shall have the right at any time after the occurrence and during the continuance of an Event of Default which has not been waived or cured to the satisfaction of Lender, to notify Account Debtors of its security interest in the Accounts and to require payments to be made directly to Agent or Lenders Lender at such address or in such manner as the Agent Lender may deem appropriate. Upon request of Agent or a Majority of Lenders Lender at any time after the occurrence and during the continuance of an Event of DefaultDefault which has not been waived or cured to the satisfaction of Lender, the Borrower will so notify the account Account Debtors and will indicate on all xxxxxxxx billings to the account Account Debtors that the Accounts are payable to Agent, for the benefit of LendersLexxxx. To Xx facilitate direct collection, the Borrower hereby appoints the Agent on behalf of the Lenders, Lenders Lender and any officer or employee of the Agent or any Lender as the Agent Lender may from time to time designate, as attorney-in-fact for the Borrower, Borrower if after the occurrence and during the continuance of an Event of Default, Default which has not been waived or cured to the satisfaction of Lender to (a) receive receive, open and open dispose of all mail addressed to the Borrower and take therefrom any payments on or proceeds of Accounts, and forward all mail not containing payments to Borrower, (b) take over the Borrower's post office boxes or make other arrangements, in which the Borrower shall cooperate, to receive the Borrower's mail, including notifying the post office authorities to change the address for delivery of mail addressed to the Borrower to such address as the Agent Lender shall designate, (c) endorse the name of the Borrower in favor of the Agent on behalf of the Lenders, or Lenders Lender upon any and all checks, drafts, money orders, notes, acceptances or other evidences or payment or Collateral that may come into the AgentLender's possession, (d) sign and endorse the name of the Borrower on any invoice or xxxx bill of lading relating to any of the Accounts, on verifications of Accounts Xxxounts sent to any Account Debtor, to drafts against Account Debtors, to assignments of Accounts and to notices to Debtors, and (e) do all acts and things reasonably necessary to carry out this Agreement, including signing the name of the Borrower on any instruments required by law in connection with the transactions contemplated hereby and on Financing Statements as permitted by the Uniform Commercial Code. The Borrower hereby ratifies and approves all acts of such attorneys-in-fact, and neither the Agent Lender nor any other such attorney-in-fact shall be liable for any acts of commission or omission, or for any error of judgment or mistake of fact or law, except for willful misconductexcluding acts of Lender or such attorney-in-fact that are willful, malicious or grossly negligent. This power, being coupled with an interest, is irrevocable if after the occurrence of an Event of Default which has not been waived or cured to the satisfaction of Lender, so long as any of the Obligations remain unsatisfied.

Appears in 1 contract

Samples: Subordinated Loan and Security Agreement (Qep Co Inc)

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