Common use of Power of Attorney-Collection Clause in Contracts

Power of Attorney-Collection. The Trustor hereby irrevocably appoints the Trustee its true and lawful attorney, at the option of the Trustee upon the occurrence and during the continuance of an Event of Default, to demand, receive and enforce payment, to give receipts, releases, and satisfactions, and to sue, either in the name of the Trustor or in the name of the Trustee, for all such income, rents, issues, deposits, profits and proceeds and apply the same to the Obligations secured hereby. It is understood and agreed that neither the foregoing assignments in Sections 2.1 and 2.2 nor the exercise by the Trustee of any of its rights or remedies under this Article 2 or otherwise hereunder shall be deemed to make the Trustee a “mortgagee-in-possession” or otherwise responsible or liable in any manner with respect to the Collateral or the use, occupancy, enjoyment, or operation of all or any portion thereof. Notwithstanding anything to the contrary contained herein, so long as no Event of Default shall have occurred and be continuing, the Trustor shall have a license to collect all Proceeds from the Collateral as trustee for the benefit of the Trustee and shall apply such Proceeds in the following order of priority: (a) first, to the payment of the Obligations then due and payable, and (b) second, to such other obligations or matters as Trustor may reasonably determine. Upon the occurrence and during the continuance of an Event of Default, such license shall be deemed automatically revoked and any income, rents, issues, deposits, profits and proceeds received thereafter by the Trustor shall be delivered in kind to the Trustee. The Trustor hereby irrevocably constitutes and appoints the Trustee its true and lawful attorney-in-fact to enforce in the Trustor’s name or in the Beneficiary’s name or otherwise all rights of the Trustor and to do any and all things necessary and proper to carry out and implement the purposes hereof, which Trustee may exercise at any time after the occurrence and during the continuance of an Event of Default.

Appears in 3 contracts

Samples: Senior Secured Gold Stream Credit Agreement (Gryphon Gold Corp), Santa Fe Gold CORP, Santa Fe Gold CORP

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Power of Attorney-Collection. The Trustor Grantor hereby irrevocably appoints the Trustee Lender its true and lawful attorney, at the option of the Trustee Lender upon the occurrence and during the continuance of an Event of Default, to demand, receive and enforce payment, to give receipts, releases, and satisfactions, and to sue, either in the name of the Trustor Grantor or in the name of the TrusteeLender, for all such income, rents, issues, deposits, profits and proceeds and apply the same to the Obligations secured hereby. It is understood and agreed that neither the foregoing assignments in Sections 2.1 and 2.2 nor the exercise by the Trustee Lender of any of its rights or remedies under this Article 2 or otherwise hereunder shall be deemed to make the Trustee Lender a “mortgagee-in-possession” or otherwise responsible or liable in any manner with respect to the Collateral or the use, occupancy, enjoyment, or operation of all or any portion thereof. Notwithstanding anything to the contrary contained herein, so long as no Event of Default shall have occurred and be continuing, the Trustor Grantor shall have a license to collect all Proceeds from the Collateral as trustee for the benefit of the Trustee Lender and shall apply such Proceeds in the following order of priority: (a) first, to the payment of the Obligations then due and payable, and (b) second, to such other obligations or matters as Trustor Grantor may reasonably determine. Upon the occurrence and during the continuance of an Event of Default, such license shall be deemed automatically revoked and any income, rents, issues, deposits, profits and proceeds received thereafter by the Trustor Grantor shall be delivered in kind to the TrusteeLender. The Trustor Grantor hereby irrevocably constitutes and appoints the Trustee Lender its true and lawful attorney-in-fact to enforce in the TrustorGrantor’s name or in the BeneficiaryLender’s name or otherwise all rights of the Trustor Grantor and to do any and all things necessary and proper to carry out and implement the purposes hereof, which Trustee Lender may exercise at any time after the occurrence and during the continuance of an Event of Default.

Appears in 1 contract

Samples: Interests and Financing Statement (Santa Fe Gold CORP)

Power of Attorney-Collection. The Trustor Mortgagor hereby irrevocably appoints the Trustee Mortgagee its true and lawful attorney, at the option of the Trustee Mortgagee upon the occurrence and during the continuance of an Event of Default, to demand, receive and enforce payment, to give receipts, releases, and satisfactions, and to suexxx, either in the name of the Trustor Mortgagor or in the name of the TrusteeMortgagee, for all such income, rents, issues, deposits, profits and proceeds and apply the same to the Secured Obligations secured hereby. It is understood and agreed that neither the foregoing assignments in Sections 2.1 and 2.2 nor the exercise by the Trustee Mortgagee of any of its rights or remedies under this Article 2 or otherwise hereunder shall be deemed to make the Trustee Mortgagee a “mortgagee-in-possession” or otherwise responsible or liable in any manner with respect to the Collateral or the use, occupancy, enjoyment, or operation of all or any portion thereof. Notwithstanding anything to the contrary contained herein, so long as no Event of Default shall have occurred and be continuing, the Trustor Mortgagor shall have a license to collect all Proceeds from the Collateral as trustee for the benefit of the Trustee Mortgagee and shall apply such Proceeds in the following order of priority: (a) first, to the payment of the Secured Obligations then due and payable, and (b) second, to such other obligations or matters included in the secured indebtedness as Trustor Mortgagee may reasonably determine. Upon the occurrence and during the continuance of an Event of Default, such license shall be deemed automatically revoked and any income, rents, issues, deposits, profits and proceeds received thereafter by the Trustor Mortgagor shall be delivered in kind to the TrusteeMortgagee. The Trustor Mortgagor hereby irrevocably constitutes and appoints the Trustee Mortgagee its true and lawful attorney-in-fact to enforce in the TrustorMortgagor’s name or in the BeneficiaryMortgagee’s name or otherwise all rights of the Trustor Mortgagor and to do any and all things necessary and proper to carry out and implement the purposes hereof, which Trustee Mortgagee may exercise at any time after the occurrence and during the continuance of an Event of Default, to the maximum extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Uranium Resources Inc /De/)

Power of Attorney-Collection. The Trustor Grantors hereby irrevocably appoints appoint the Trustee its Beneficiary their true and lawful attorney, at the option of the Trustee Beneficiary upon the occurrence and during the continuance of an Event of Default, to demand, receive and enforce payment, to give receipts, releases, and satisfactions, and to sue, either in the name of the Trustor a Grantor or in the name of the TrusteeBeneficiary, for all such income, rents, issues, deposits, profits and proceeds and apply the same to the Obligations secured hereby. It is understood and agreed that neither the foregoing assignments in Sections 2.1 and 2.2 nor the exercise by the Trustee Beneficiary of any of its rights or remedies under this Article 2 or otherwise hereunder shall be deemed to make the Trustee Beneficiary a “mortgagee-in-possession” or otherwise responsible or liable in any manner with respect to the Collateral or the use, occupancy, enjoyment, or operation of all or any portion thereof. Notwithstanding anything to the contrary contained herein, so long as no Event of Default shall have occurred and be continuing, the Trustor Grantors shall have a license to collect all Proceeds from the Collateral as trustee for the benefit of the Trustee Beneficiary and shall apply such Proceeds in the following order of priority: (a) first, to the payment of the Obligations then due and payable, and (b) second, to such other obligations or matters as Trustor a Grantor may reasonably determine. Upon the occurrence and during the continuance of an Event of Default, such license shall be deemed automatically revoked and any income, rents, issues, deposits, profits and proceeds received thereafter by the Trustor a Grantor shall be delivered in kind to the TrusteeBeneficiary. The Trustor Each Grantor hereby irrevocably constitutes and appoints the Trustee Beneficiary its true and lawful attorney-in-fact to enforce in the Trustorsuch Grantor’s name or in the Beneficiary’s name or otherwise all rights of the Trustor Grantors and to do any and all things necessary and proper to carry out and implement the purposes hereof, which Trustee the Beneficiary may exercise at any time after the occurrence and during the continuance of an Event of Default.

Appears in 1 contract

Samples: Westmountain Gold, Inc.

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Power of Attorney-Collection. The Trustor Grantor hereby irrevocably appoints the Trustee Beneficiary its true and lawful attorney, at the option of the Trustee Beneficiary upon the occurrence and during the continuance of an Event of Default, to demand, receive and enforce payment, to give receipts, releases, and satisfactions, and to suexxx, either in the name of the Trustor Grantor or in the name of the TrusteeBeneficiary, for all such income, rents, issues, deposits, profits and proceeds and apply the same to the Secured Obligations secured hereby. It is understood and agreed that neither the foregoing assignments in Sections 2.1 3.1 and 2.2 3.2 nor the exercise by the Trustee Beneficiary of any of its rights or remedies under this Article 2 III or otherwise hereunder shall be deemed to make the Trustee Beneficiary a “mortgageetrustee-in-possession” or otherwise responsible or liable in any manner with respect to the Collateral or the use, occupancy, enjoyment, or operation of all or any portion thereof. Notwithstanding anything to the contrary contained herein, so long as no Event of Default shall have occurred and be continuing, the Trustor Grantor shall have a license to collect all Proceeds from the Collateral as trustee for the benefit of the Trustee Beneficiary and shall apply such Proceeds in the following order of priority: (a) first, to the payment of the Secured Obligations then due and payable, and (b) second, to such other obligations or matters as Trustor Grantor may reasonably determine. Upon the occurrence and during the continuance of an Event of Default, such license shall be deemed automatically revoked and any income, rents, issues, deposits, profits and proceeds received thereafter by the Trustor Grantor shall be delivered in kind to the TrusteeBeneficiary. The Trustor Grantor hereby irrevocably constitutes and appoints the Trustee Beneficiary its true and lawful attorney-in-fact to enforce in the TrustorGrantor’s name or in the Beneficiary’s name or otherwise all rights of the Trustor Grantor and to do any and all things necessary and proper to carry out and implement the purposes hereof, which Trustee Beneficiary may exercise at any time after the occurrence and during the continuance of an Event of Default.

Appears in 1 contract

Samples: Loan Agreement (Uranium Resources Inc /De/)

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