Power of Attorney in Respect of the Collateral. Borrower does hereby irrevocably appoint Lender (which appointment is coupled with an interest) on the occurrence and continuance of a Default or an Event of Default, the true and lawful attorney in fact of Borrower with full power of substitution, for it and in its name: (a) to ask, demand, collect, receive, receipt for, sue xxx, compound and give acquittance for any and all rents, issues, profits, avails, distributions, income, payment draws and other sums in which a security interest is granted under Section 4 with full power to settle, adjust or compromise any claim thereunder as fully as if Lender was a Borrower itself, (b) to receive payment of and to endorse the name of Borrower to any items of Collateral (including checks, drafts and other orders for the payment of money) that come into Lender's possession or under Lender's control, (c) to make all demands, consents and waivers, or take any other action with respect to, the Collateral, (d) in Lender's discretion to file any claim or take any other action or proceedings, either in their own names or in the name of Borrower or otherwise, which Lender may reasonably deem necessary or appropriate to protect and preserve the right, title and interest of Lender in and to the Collateral, or (e) to otherwise act with respect thereto as though Lender were the outright owner of the Collateral.
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Samples: Loan and Security Agreement (Array Biopharma Inc), Loan and Security Agreement (Array Biopharma Inc)
Power of Attorney in Respect of the Collateral. Borrower does hereby irrevocably appoint Lender Agent (which appointment is coupled with an interest) effective only on the occurrence and during the continuance of a Default or an Event of Default, the true and lawful attorney in fact of Borrower with full power of substitution, for it and in its name: (a) to ask, demand, collect, receive, receipt for, sue xxxfor, compound and give acquittance for any and all rents, issues, profits, avails, distributions, income, payment draws and other sums in which a security interest is granted under Section 4 with full power to settle, adjust or compromise any claim thereunder as fully as if Lender was a Agent were Borrower itself, (b) to receive payment of and to endorse the name of Borrower to any items of Collateral (including checks, drafts and other orders for the payment of money) that come into Lender's Agent’s possession or under Lender's Agent’s control, (c) to make all demands, consents and waivers, or take any other action with respect to, the Collateral, (d) in Lender's Agent’s discretion to file any claim or take any other action or proceedings, either in their its own names name or in the name of Borrower or otherwise, which Lender Agent may reasonably deem necessary or appropriate to protect and preserve the right, title and interest of Lender Agent in and to the Collateral, (e) to sign an amendment to any Loan Document if Borrower is obligated, but fails, to do so, or (ef) to otherwise act with respect thereto as though Lender Agent were the outright owner of the Collateral.
Appears in 2 contracts
Samples: Loan and Security Agreement (Urgent.ly Inc.), Loan and Security Agreement (Tempo Automation Holdings, Inc.)
Power of Attorney in Respect of the Collateral. Borrower does hereby irrevocably appoint Lender (which appointment is coupled with an interest) on the occurrence and continuance of a Default or an Event of Default, the true and lawful attorney in fact of Borrower with full power of substitution, for it and in its name: (a) to ask, demand, collect, receive, receipt for, sue xxxxxx for, compound and give acquittance for any and all rents, issues, profits, avails, distributions, income, payment draws and other sums in which a security interest is granted under Section 4 with full power to settle, adjust or compromise any claim thereunder as fully as if Lender was a Borrower itselfwere Borrowers themselves, (b) to receive payment of and to endorse the name of Borrower to any items of Collateral (including checks, drafts and other orders for the payment of money) that come into such Lender's ’s possession or under such Lender's ’s control, (c) to make all demands, consents and waivers, or take any other action with respect to, the Collateral, (d) in Lender's ’s discretion to file any claim or take any other action or proceedings, either in their its own names name or in the name of Borrower or otherwise, which Lender may reasonably deem necessary or appropriate to protect and preserve the right, title and interest of Lender in and to the Collateral, or (e) to otherwise act with respect thereto as though Lender were the outright owner of the Collateral.
Appears in 2 contracts
Samples: Loan and Security Agreement (Maxygen Inc), Loan and Security Agreement (Codexis Inc)
Power of Attorney in Respect of the Collateral. Borrower does hereby irrevocably appoint Lender Agent (which appointment is coupled with an interest) effective only on the occurrence and during the continuance of a Default or an Event of Default, the true and lawful attorney in fact of Borrower with full power of substitution, for it and in its name: (a) to ask, demand, collect, receive, receipt for, sue xxxxxx for, compound and give acquittance for any and all rents, issues, profits, avails, distributions, income, payment draws and other sums in which a security interest is granted under Section 4 with full power to settle, adjust or compromise any claim thereunder as fully as if Lender was a Agent were Borrower itself, (b) to receive payment of and to endorse the name of Borrower to any items of Collateral (including checks, drafts and other orders for the payment of money) that come into Lender's Agent’s possession or under Lender's Agent’s control, (c) to make all demands, consents and waivers, or take any other action with respect to, the Collateral, (d) in Lender's Agent’s discretion to file any claim or take any other action or proceedings, either in their its own names name or in the name of Borrower or otherwise, which Lender Agent may reasonably deem necessary or appropriate to protect and preserve the right, title and interest of Lender Agent in and to the Collateral, (e) to sign an amendment to any Loan Document if Borrower is obligated, but fails, to do so, or (ef) to otherwise act with respect thereto as though Lender Agent were the outright owner of the Collateral.
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Power of Attorney in Respect of the Collateral. Borrower Each Loan Party does hereby irrevocably appoint Lender Agent (which appointment is coupled with an interest) effective only on the occurrence and during the continuance of a Default or an Event of Default, the true and lawful attorney in fact of Borrower each Loan Party with full power of substitution, for it and in its name: (a) to ask, demand, collect, receive, receipt for, sue xxxfor, compound and give acquittance for any and all rents, issues, profits, avails, distributions, income, payment draws and other sums in which a security interest is granted under Section 4 with full power to settle, adjust or compromise any claim thereunder as fully as if Lender was a Borrower Agent were such Loan Party itself, (b) to receive payment of and to endorse the name of Borrower any Loan Party to any items of Collateral (including checks, drafts and other orders for the payment of money) that come into Lender's Agent’s possession or under Lender's Agent’s control, (c) to make all demands, consents and waivers, or take any other action with respect to, the Collateral, (d) in Lender's Agent’s discretion to file any claim or take any other action or proceedings, either in their its own names name or in the name of Borrower a Loan Party or otherwise, which Lender Agent may reasonably deem necessary or appropriate to protect and preserve the right, title and interest of Lender Agent in and to the Collateral, (e) to sign an amendment to any Loan Document if a Loan Party is obligated, but fails, to do so, or (ef) to otherwise act with respect thereto as though Lender Agent were the outright owner of the Collateral.
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Power of Attorney in Respect of the Collateral. Borrower does hereby irrevocably appoint Lender (which appointment is coupled with an interest) on the occurrence and continuance of a Default or an Event of Default, the true and lawful attorney in fact of Borrower with full power of substitution, for it and in its name: (a) to ask, demand, collect, receive, receipt for, sue xxxxxx for, compound and give acquittance for any and all rents, issues, profits, avails, distributions, income, payment draws and other sums in which a security interest is granted under Section 4 with full power to settle, adjust or compromise any claim thereunder as fully as if Lender was a Borrower itselfwere Borrowers themselves, (b) to receive payment of and to endorse the name of Borrower to any items of Collateral (including checks, drafts and other orders for the payment of money) that come into such Lender's ’s possession or under such Lender's ’s control, (c) to make all demands, consents and waivers, or take any other action with respect to, the Collateral, (d) in Lender's ’s discretion to file any claim or take any other action or proceedings, either in their its own names name or in the name of Borrower or otherwise, which Lender may reasonably deem necessary or appropriate to protect and preserve the right, title and interest of Lender in and to the Collateral, or (e) to otherwise act with respect thereto as though Lender were the outright owner of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Riverbed Technology, Inc.)
Power of Attorney in Respect of the Collateral. Each Borrower does hereby irrevocably appoint Lender Agent (which appointment is coupled with an interest) effective only on the occurrence and during the continuance of a Default or an Event of Default, the true and lawful attorney in fact of Borrower Borrowers with full power of substitution, for it and in its name: (a) to ask, demand, collect, receive, receipt for, sue xxxfor, compound and give acquittance for any and all rents, issues, profits, avails, distributions, income, payment draws and other sums in which a security interest is granted under Section Article 4 with full power to settle, adjust or compromise any claim thereunder as fully as if Lender was Agent were a Borrower itself, (b) to receive payment of and to endorse the name of Borrower Borrowers to any items of Collateral (including checks, drafts and other orders for the payment of money) that come into Lender's Agent’s possession or under Lender's Agent’s control, (c) to make all demands, consents and waivers, or take any other action with respect to, the Collateral, (d) in Lender's Agent’s discretion to file any claim or take any other action or proceedings, either in their its own names name or in the name of such Borrower or otherwise, which Lender Agent may reasonably deem necessary or appropriate to protect and preserve the right, title and interest of Lender Agent in and to the Collateral, or (e) to otherwise act with respect thereto as though Lender Agent were the outright owner of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Grove Collaborative Holdings, Inc.)
Power of Attorney in Respect of the Collateral. Borrower Each Grantor does hereby irrevocably appoint Lender (which appointment is coupled with an interest) on the occurrence and continuance of a Default or an Event of Default, the true and lawful attorney in fact of Borrower such Grantor with full power of substitution, for it and in its name: (a) to ask, demand, collect, receive, receipt for, sue xxxxxx for, compound and give acquittance for any and all rents, issues, profits, avails, distributions, income, payment draws and other sums in which a security interest is granted under Section 4 with full power to settle, adjust or compromise any claim thereunder as fully as if Lender was were a Borrower “Grantor” itself, (b) to receive payment of and to endorse the name of Borrower a Grantor to any items of Collateral (including checks, drafts and other orders for the payment of money) that come into Lender's ’s possession or under Lender's ’s control, (c) to make all demands, consents and waivers, or take any other action with respect to, the Collateral, (d) in Lender's ’s discretion to file any claim or take any other action or proceedings, either in their its own names name or in the name of Borrower such Grantor or otherwise, which Lender may reasonably deem necessary or appropriate to protect and preserve the right, title and interest of Lender in and to the Collateral, or (e) to otherwise act with respect thereto as though Lender were the outright owner of the Collateral.
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Power of Attorney in Respect of the Collateral. Borrower does hereby irrevocably appoint Lender (which appointment is coupled with an interest) on the occurrence and during the continuance of a Default or an Event of Default, the true and lawful attorney in fact of Borrower with full power of substitution, for it and in its name: (a) to ask, demand, collect, receive, receipt for, sue xxxsxx for, compound and give acquittance for any and all rents, issues, profits, avails, distributions, income, payment draws and other sums in which a security interest is granted under Section 4 with full power to settle, adjust or compromise any claim thereunder as fully as if Lender was a were Borrower itself, (b) to receive payment of and to endorse the name of Borrower to any items of Collateral (including checks, drafts and other orders for the payment of money) that come into Lender's ’s possession or under Lender's ’s control, (c) to make all demands, consents and waivers, or take any other action with respect to, the Collateral, (d) in Lender's ’s discretion to file any claim or take any other action or proceedings, either in their its own names name or in the name of Borrower or otherwise, which Lender may reasonably deem necessary or appropriate to protect and preserve the right, title and interest of Lender in and to the Collateral, or (e) to otherwise act with respect thereto as though Lender were the outright owner of the Collateral.
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Power of Attorney in Respect of the Collateral. Borrower does hereby irrevocably appoint Lender (which appointment is coupled with an interest) on the occurrence and during the continuance of a Default or an Event of Default, the true and lawful attorney in fact of Borrower with full power of substitution, for it and in its name: (a) to ask, demand, collect, receive, receipt for, sue xxxxxx for, compound and give acquittance for any and all rents, issues, profits, avails, distributions, income, payment draws and other sums in which a security interest is granted under Section 4 with full power to settle, adjust or compromise any claim thereunder as fully as if Lender was a were Borrower itself, (b) to receive payment of and to endorse the name of Borrower to any items of Collateral (including checks, drafts and other orders for the payment of money) that come into Lender's ’s possession or under Lender's ’s control, (c) to make all demands, consents and waivers, or take any other action with respect to, the Collateral, (d) in Lender's ’s discretion to file any claim or take any other action or proceedings, either in their its own names name or in the name of Borrower or otherwise, which Lender may reasonably deem necessary or appropriate to protect and preserve the right, title and interest of Lender in and to the Collateral, or (e) to otherwise act with respect thereto as though Lender were the outright owner of the Collateral.
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Samples: Loan and Security Agreement