Common use of POWER OF ATTORNEY FOR INSURANCE Clause in Contracts

POWER OF ATTORNEY FOR INSURANCE. Upon request of the Bank, the Company shall promptly deliver to the Bank true copies of all reports made to insurance companies. The Company hereby irrevocably makes, constitutes, and appoints the Bank (and all officers, employees, or agents designated by the Bank) as its true and lawful attorney-in-fact and agent, with full power of substitution, such that the Bank shall have the right and authority, upon the occurrence and during the continuance of an Event of Default which has not been waived in writing by the Bank as required by this Agreement, to make and adjust claims under such policies of insurance, receive and endorse the name of the Company on, any check, draft, instrument or other item of payment for the proceeds of such policies of insurance and make all determinations and decisions with respect to such policies of insurance. The Company hereby ratifies all that said attorneys shall lawfully do or cause to be done by virtue hereof. This power of attorney is a power coupled with an interest and shall be irrevocable. Without waiving or releasing any obligation, Potential Default or Event of Default by the Company under this Agreement, the Bank may (but shall not be required to) at any time or times thereafter maintain such action with respect thereto as the Bank deems advisable. All sums disbursed by the Bank in connection therewith (including, but not limited to, reasonable attorneys' and paralegals' fees and disbursements, court costs, expenses and other charges relating thereto) shall be payable on demand, and until paid by the Company to the Bank, with interest thereon at the then applicable Federal Funds Effective Rate plus six hundred (600) basis points, and shall be additional Obligations under this Agreement secured by the Collateral.

Appears in 1 contract

Samples: Credit Facility and Security Agreement (Dynamic Materials Corp)

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POWER OF ATTORNEY FOR INSURANCE. Upon request of the Bank, the Company The Borrower shall promptly deliver to the Bank Agent true copies of all reports regarding Collateral in excess of One Hundred Thousand Dollars ($100,000) made to insurance companies. The Company Borrower hereby irrevocably makes, constitutes, and appoints the Bank Agent (and all officers, employees, or agents designated by the BankAgent) as its true and lawful attorney-in-fact and agent, with full power of substitution, such that the Bank Agent shall have the right and authority, upon the occurrence and during the continuance of an Event of Default which has not been waived in writing by the Bank as required by this Agreement, authority to make and adjust claims under such policies of insurance, receive and endorse the name of the Company Borrower on, any check, draft, instrument or other item of payment for the proceeds of such policies of insurance and make all determinations and decisions with respect to such policies of insurance; PROVIDED, HOWEVER, that the Agent may not exercise the power of attorney granted by this Section 4.6 except after (a) the occurrence of an Event of Default that has not been waived by the Required Banks, or (b) the occurrence of an event of loss with respect to which the Agent in good faith determines that the Borrower is not diligently pursuing its claims. The Company Borrower hereby ratifies all that said attorneys shall lawfully do or cause to be done by virtue hereof. This power of attorney is a power coupled with an interest and shall be irrevocable. Without waiving or releasing any obligation, Potential Default or Event of Default by the Company Borrower under this Agreement, the Bank Agent may (but shall not be required to) at any time or times thereafter maintain such action with respect thereto as the Bank Agent deems advisable. All sums disbursed by the Bank Agent in connection therewith (including, but not limited to, reasonable attorneys' and paralegals' fees and disbursements, court costs, expenses and other charges relating thereto) shall be payable on demand, demand and until paid by upon the Company to expiration of five (5) calendar days after such demand the Bank, with interest thereon at the then applicable Federal Funds Effective Rate plus six hundred (600) basis points, and Borrower shall be additional Obligations under this Agreement secured by deemed to have delivered a Deemed Credit Request in the Collateralrelevant amount.

Appears in 1 contract

Samples: Credit and Security Agreement (Curtis Sub Inc)

POWER OF ATTORNEY FOR INSURANCE. Upon request of the BankAdministrative Agent, the Company each Borrower shall promptly deliver to the Bank Administrative Agent true copies of all reports made to insurance companies. The Company Each Pledging Borrower hereby irrevocably makes, constitutes, and appoints the Bank Administrative Agent (and all officers, employees, or agents designated by the BankAdministrative Agent) as its true and lawful attorney-in-fact and agent, with full power of substitution, such that the Bank Administrative Agent shall have the right and authority, upon the occurrence and during the continuance of an Event of Default which has not been waived in writing by the Bank as required by this AgreementRequired Banks in accordance with Section 13.1, to make and adjust claims under such policies of insurance, receive and endorse the name of the Company such Borrower on, any check, draft, instrument or other item of payment for the proceeds of such policies of insurance and make all determinations and decisions with respect to such policies of insurance. The Company Each Borrower hereby ratifies all that said attorneys shall lawfully do or cause to be done by virtue hereof. This power of attorney is a power coupled with an interest and shall be irrevocable. Without waiving or releasing any obligation, Potential Default or Event of Default by the Company a Borrower under this Agreement, the Bank Administrative Agent may (but shall not be required to) at any time or times thereafter maintain such action with respect thereto as the Bank Administrative Agent deems advisable. All reasonable sums disbursed by the Bank Administrative Agent in connection therewith (including, but not limited to, reasonable attorneys' and paralegals' fees and disbursements, court costs, expenses and other charges relating thereto) shall be payable on demanddemand and, and until paid by the Company such Borrower to the BankAdministrative Agent, with interest thereon shall incur interest, payable on demand, at the then applicable Federal Funds Effective Alternate Base Rate plus six hundred two percent (600) basis points2.0%), and shall be additional Obligations under this Agreement secured by the Collateral.

Appears in 1 contract

Samples: Credit and Security Agreement (Erico Products Inc)

POWER OF ATTORNEY FOR INSURANCE. Upon request of the BankSNPE, the Company shall promptly deliver to the Bank SNPE true copies of all reports made to insurance companies. The Company hereby irrevocably makes, constitutes, and appoints the Bank SNPE (and all officers, employees, or agents designated by the BankSNPE) as its true and lawful attorney-in-fact and agent, with full power of substitution, such that the Bank SNPE shall have the right and authority, upon the occurrence and during the continuance of an Event of Default which has not been waived in writing by the Bank SNPE as required by this Agreement, to make and adjust claims under such policies of insurance, receive and endorse the name of the Company on, any check, draft, instrument or other item of payment for the proceeds of such policies of insurance and make all determinations and decisions with respect to such policies of insurance, subject, in each case to any prior rights of the Bank under its credit facility and security agreement with the Company. The Company hereby ratifies all that said attorneys shall lawfully do or cause to be done by virtue hereof. This power of attorney is a power coupled with an interest and shall be irrevocable. Without waiving or releasing any obligation, Potential Default or Event of Default by the Company under this Agreement, the Bank SNPE may (but shall not be required to) at any time or times thereafter maintain such action with respect thereto as the Bank SNPE deems advisable. All sums disbursed by the Bank SNPE in connection therewith (including, but not limited to, reasonable attorneys' and paralegals' fees and disbursements, court costs, expenses and other charges relating thereto) shall be payable on demand, and until paid by the Company to the BankSNPE, with interest thereon at the then applicable Federal Funds Effective Rate plus six hundred (600) basis pointsPenalty Rate, and shall be additional Obligations under this Agreement secured by the Collateral.

Appears in 1 contract

Samples: Credit Facility and Security Agreement (Dynamic Materials Corp)

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POWER OF ATTORNEY FOR INSURANCE. Upon request of the Bank, the Company shall promptly deliver to the Bank true copies of all reports made to insurance companies. The Company hereby irrevocably makes, constitutes, and appoints the Bank (and all officers, employees, or agents designated by the Bank) as its true and lawful attorney-in-fact and agent, with full power of substitution, such that the Bank shall have the right and authority, upon the occurrence and during the continuance of an Event of Default which has not been waived in writing by the Bank as required by this Agreement, to make and adjust claims under such policies of insurance, receive and endorse the name of the Company on, any check, draft, instrument or other item of payment for the proceeds of such policies of insurance and make all determinations and decisions with respect to such policies of insurance. The Company hereby ratifies all that said attorneys shall lawfully do or cause to be done by virtue hereof. This power of attorney is a power coupled with an interest and shall be irrevocable. Without waiving or releasing any obligation, Potential Default or Event of Default by the Company under this Agreement, the Bank may (but shall not be required to) at any time or times thereafter maintain such action with respect thereto as the Bank deems advisable. All sums disbursed by the Bank in connection therewith (including, but not limited to, reasonable attorneys' and paralegals' fees and disbursements, court costs, expenses and other charges relating thereto) shall be payable on demand, and until paid by the Company to the Bank, with interest thereon at the then applicable Federal Funds Effective Rate plus six four hundred (600) basis points, and shall be additional Obligations under this Agreement secured by the Collateral.

Appears in 1 contract

Samples: Credit Facility and Security Agreement (Dynamic Materials Corp)

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