Common use of POWERS OF BANK Clause in Contracts

POWERS OF BANK. At any time, upon reasonable prior written notice to Pledgor, at the expense of Pledgor, Bank in its name or in the name of Pledgor may, in its reasonable discretion, but shall not be obligated to: (a) Collect by legal proceedings or otherwise, endorse, receive and receipt for all dividends, interest, principal payments and other sums now or hereafter payable upon or on account of the Collateral. (b) Insure, process and preserve the Collateral. (c) Participate in any recapitalization, reclassification, reorganization, consolidation, redemption, stock split, merger or liquidation of any issuer of securities which constitute Collateral, and in connection therewith may deposit or surrender control of the Collateral, accept money or other property in exchange for the Collateral, and take such action as it deems proper in connection therewith, and any money or property received on account of or in exchange for the Collateral shall be applied to the Indebtedness or held by Bank thereafter as Collateral pursuant to the provisions hereof. (d) After an Event of Default under this Agreement has occurred and is continuing under this Agreement, cause Collateral to be transferred to its name or to the name of its nominee or the name of a depository or its nominee. (e) Obtain from any custodian or securities intermediary holding the Collateral any and all information with respect to the Collateral, without any further consent of or notice to Pledgor. (f) Exercise as to the Collateral all the rights, powers and remedies of an owner necessary to exercise its rights under this Agreement, including without limitation, the right to sell or otherwise dispose of all or any part of the Collateral following the occurrence and continuance of an Event of Default under this Agreement. Bank shall not vote any securities constituting Collateral except as instructed by Pledgor, unless an Event of Default has occurred under this Agreement and Bank has delivered to Pledgor a written notice of Bank’s intent to exercise such voting rights. Pledgor hereby appoints Bank its attorney-in-fact to carry out any of the powers granted by this paragraph. Without limiting the generality of the foregoing, Pledgor hereby appoints Bank its attorney-in-fact to execute and deliver any necessary stock powers, endorsements, assignments or other documents and agreements necessary to carry out any of the foregoing powers. The foregoing appointments shall be deemed coupled with an interest of Bank and shall not be revoked without Bank’s written consent. To the extent permitted by law, Pledgor hereby ratifies all acts such attorney-in-fact shall lawfully do by virtue hereof.

POWERS OF BANK. At any time, upon reasonable prior written without notice to Pledgorunless expressly required elsewhere in this Agreement, and at the expense of Pledgor, Bank in its name or in the name of Pledgor may, in its reasonable discretion, but shall not be obligated to: (a) Collect During the existence of an Event of Default, collect by legal proceedings or otherwise, endorse, receive and receipt for all dividends, interest, principal payments and other sums now or hereafter payable upon or on account of the Collateral. (b) During the existence of an Event of Default, make any compromise or settlement it deems desirable or proper with reference to the Collateral. (c) Insure, process protect and preserve the Collateral. (cd) Participate During the existence of an Event of Default, participate in any recapitalization, reclassification, reorganization, consolidation, redemption, stock split, merger or liquidation of any issuer of securities which constitute Collateral, and in connection therewith may deposit or surrender control of the Collateral, accept money or other property in exchange for the Collateral, and take such action as it deems proper in connection therewith, and any money or property received on account of or in exchange for the Collateral shall be applied to the Indebtedness or held by Bank thereafter as Collateral pursuant to the provisions hereof. (de) After During the existence of an Event of Default under this Agreement has occurred and is continuing under this AgreementDefault, cause Collateral to be transferred to its name or to the name of its nominee or the name of a depository or its nominee. (ef) Obtain from any custodian or securities intermediary holding the Collateral any and all information with respect to the Collateral, without any further consent of or notice to Pledgor. (fg) Exercise During the existence of an Event of Default, exercise as to the Collateral all the rights, powers and remedies of an owner necessary to exercise its rights under this Agreement, including without limitation, the right to sell or otherwise dispose of all or any part of the Collateral following the occurrence and continuance of an Event of Default under this AgreementCollateral. Bank shall not vote any securities constituting Collateral except as instructed by Pledgor, unless an Event of Default has occurred under this Agreement exists and Bank has delivered to Pledgor a written notice of Bank’s intent to exercise such voting rights. Pledgor hereby appoints Bank its attorney-in-fact to carry out any of the powers granted by this paragraph. Without limiting the generality of the foregoing, Pledgor hereby appoints Bank its attorney-in-fact to execute and deliver any necessary stock powers, endorsements, assignments or other documents and agreements necessary to carry out any of the foregoing powers. The foregoing appointments shall be deemed coupled with an interest of Bank and shall not be revoked without Bank’s written consent. To the extent permitted by law, Pledgor hereby ratifies all acts such said attorney-in-fact shall lawfully do by virtue hereof.

POWERS OF BANK. At any time, upon reasonable prior written notice to Pledgorwithout notice, and at the expense of PledgorPledgor and Debtor, Bank in its name or in the name of Pledgor may, in its reasonable discretion, but shall not be obligated to: (a) Collect by legal proceedings or otherwise, endorse, receive and receipt for all dividends, interest, principal payments and other sums now or hereafter payable upon or on account of the Collateral. (b) Make any compromise or settlement it deems desirable or proper with reference to the Collateral. (c) Insure, process and preserve the Collateral. (cd) Participate in any recapitalization, reclassification, reorganization, consolidation, redemption, stock split, merger or liquidation of any issuer of securities which constitute Collateral, and in connection therewith may deposit or surrender control of the Collateral, accept money or other property in exchange for the Collateral, and take such action as it deems proper in connection therewith, and any money or property received on account of or in exchange for the Collateral shall be applied to the Indebtedness or held by Bank thereafter as Collateral pursuant to the provisions hereof. (de) After an Event of Default under this Agreement has occurred and is continuing under this Agreement, cause Cause Collateral to be transferred to its name or to the name of its nominee or the name of a depository or its nominee. (ef) Obtain from any custodian or securities intermediary bailee holding the Collateral any and all information with respect to the Collateral, without any further consent of or notice to Pledgor. (fg) Exercise as to the Collateral all the rights, powers and remedies of an owner necessary to exercise its rights under this Agreementparagraph, including without limitation, the right but prior to sell or otherwise dispose of all or any part of the Collateral following the occurrence and continuance of an Event of Default under this Security Agreement. , Bank shall not vote any securities constituting Collateral except as instructed by Pledgor, unless an Event of Default has occurred under this Agreement and Bank has delivered to Pledgor a written notice of Bank’s intent to exercise such voting rights. Pledgor hereby appoints Bank its attorney-in-fact to carry out any of the powers granted by this paragraph. Without limiting the generality of the foregoing, Pledgor hereby appoints Bank its attorney-in-fact to execute and deliver any necessary stock powers, endorsements, assignments or other documents and agreements necessary to carry out any of the foregoing powers. The foregoing appointments shall be deemed coupled with an interest of Bank and shall not be revoked without Bank’s written consent. To the extent permitted by law, Pledgor hereby ratifies all acts such attorney-in-fact shall lawfully do by virtue hereof.

POWERS OF BANK. At any time, upon reasonable prior written notice to Pledgor, at the expense of Pledgor, Bank Administrative Agent in its name or in the name of Pledgor may, in its reasonable discretion, but shall not be obligated to: (a) Collect by legal proceedings or otherwise, endorse, receive and receipt for all dividends, interest, principal payments and other sums now or hereafter payable upon or on account of the Collateral. (b) Insure, process and preserve the Collateral. (c) Participate in any recapitalization, reclassification, reorganization, consolidation, redemption, stock split, merger or liquidation of any issuer of securities which constitute Collateral, and in connection therewith may deposit or surrender control of the Collateral, accept money or other property in exchange for the Collateral, and take such action as it deems proper in connection therewith, and any money or property received on account of or in exchange for the Collateral shall be applied to the Indebtedness or held by Bank thereafter as Collateral pursuant to the provisions hereof. (d) After an Event of Default under this Agreement has occurred and is continuing under this Agreement, cause Collateral to be transferred to its name or to the name of its nominee or the name of a depository or its nominee. (e) Obtain from any custodian or securities intermediary holding the Collateral any and all information with respect to the Collateral, without any further consent of or notice to Pledgor. (f) Exercise as to the Collateral all the rights, powers and remedies of an owner necessary to exercise its rights under this Agreement, including without limitation, the right to sell or otherwise dispose of all or any part of the Collateral following the occurrence and continuance of an Event of Default under this Agreement. Bank Administrative Agent shall not vote any securities constituting Collateral except as instructed by Pledgor, unless an Event of Default has occurred under this Agreement and Bank is continuing and Administrative Agent has delivered to Pledgor a written notice of BankAdministrative Agent’s intent to exercise such voting rights. Pledgor hereby appoints Bank Administrative Agent its attorney-in-fact to carry out any of the powers granted by this paragraph. Without limiting the generality of the foregoing, Pledgor hereby appoints Bank Administrative Agent its attorney-in-fact to execute and deliver any necessary stock powers, endorsements, assignments or other documents and agreements necessary to carry out any of the foregoing powers. The foregoing appointments shall be deemed coupled with an interest of Bank Administrative Agent and shall not be revoked without BankAdministrative Agent’s written consent. To the extent permitted by law, Pledgor hereby ratifies all acts such attorney-in-fact shall lawfully do by virtue hereof.