POWERS OF LENDER. Houston Dynamic appoints Lender its true attorney in fact to perform any of the following powers, which are coupled with an interest, are irrevocable until termination of this Agreement and may be exercised from time to time by Lender's officers and employees, or any of them, whether or not Houston Dynamic is in default: (a) to perform any obligation of Houston Dynamic hereunder in Houston Dynamic's name or otherwise; (b) to give notice to account debtors or others of Lender's rights in the Collateral and Proceeds, to enforce the same and make extension agreements with respect thereto; (c) to release persons liable on Collateral or Proceeds and to give receipts and acquittances and compromise disputes in connection therewith; (d) to release security; (e) to resort to security in any order; (f) to prepare, execute, file, record or deliver notes, assignments, schedules, designation statements, financing statements, continuation statements, termination statements, statements of assignment, applications for registration or like papers to perfect, preserve or release Lender's interest in the Collateral and Proceeds; (g) to receive, open and read mail addressed to Houston Dynamic; (h) to verify facts concerning the Collateral and Proceeds by inquiry of obligors thereon, or otherwise, in its own name or a fictitious name; (i) to endorse, collect, deliver and receive payment under instruments for the payment of money constituting or relating to Proceeds; (j) to prepare, adjust, execute, deliver and receive payment under insurance claims, and to collect and receive payment of and endorse any instrument in payment of loss or returned premiums or any other insurance refund or return, and to apply such amounts received by Lender, at Lender's sole option, toward repayment of the Indebtedness or, where appropriate, replacement of the Collateral; (k) to exercise all rights, powers and remedies which Houston Dynamic would have, but for this Agreement, with respect to all Collateral and Proceeds subject hereto; (l) to enter onto Houston Dynamic's premises in inspecting the Collateral; and (m) to do all acts and things and execute all documents in the name of Houston Dynamic or otherwise, deemed by Lender as necessary, proper and convenient in connection with the preservation, perfection or enforcement of its rights hereunder.
POWERS OF LENDER. Each Grantor appoints Lender its attorney in fact to perform any of the following powers, which are coupled with an interest, are irrevocable until termination of this Agreement and may be exercised from time to time by Lender's officers and employees, or any of them, whether or not an Event of Default has occurred:
POWERS OF LENDER. The Lender shall have the authority subject to any limitations which are imposed by the Applicable Law and which cannot be waived by contract, to act upon and enforce the provisions of this Deed, or to adopt appropriate remedies in that behalf and shall exercise all powers under this Deed in accordance with the Applicable Law.
POWERS OF LENDER. Borrower hereby appoints Lender as Borrower’s true and lawful attorney-in-fact to perform any and all of the following acts, which power is coupled with an interest, is irrevocable until the Obligations are paid and performed in full, and may be exercised from time to time by Lender in its discretion: To take any action and to execute any instrument which Lender may deem reasonably necessary or desirable to accomplish the purposes of this Section 7 and, more broadly, this Agreement including, without limitation: (i) to exercise voting and consent rights with respect to Note Collateral in accordance with this Agreement, (ii) during the continuance of any Default, to receive, endorse and collect all instruments or other forms of payment made payable to Borrower in respect of the Note Collateral or any part thereof and to give full discharge for the same, (iii) to perform or cause the performance of any obligation of Borrower hereunder in Borrower’s name or otherwise, (iv) during the continuance of any Default, to liquidate any Note Collateral pledged to Lender hereunder and to apply proceeds thereof to the payment of the Obligations or to place such proceeds into a cash collateral account or to transfer the Note Collateral into the name of Lender, all at Lender’s sole discretion, (v) to enter into any extension, reorganization or other agreement relating to or affecting the Note Collateral, and, in connection therewith, to deposit or surrender control of the Note Collateral, (vi) to accept other property in exchange for the Note Collateral, (vii) to make any compromise or settlement Lender deems desirable or proper, and (viii) to execute on Borrower’s behalf and in Borrower’s name any documents required in order to give Lender a continuing first lien upon the Note Collateral or any part thereof.
POWERS OF LENDER. The Borrower hereby constitutes and appoints the Lender the true and lawful attorney of the Borrower, with full power of substitution, (a) to ask, demand, collect, receive, receipt for, xxx for, compound and give acquittance for any and all amounts which may be or become due or payable under the Debt Service Reserve Funds Escrow Account; (b) to execute any and all withdrawal receipts or other orders for the payment of money on the Debt Service Reserve Funds Escrow Account; (c) to endorse the name of the Borrower on any instrument given in evidence, payment, or partial payment thereof; (d) in its discretion, to file any claim or take any other action or proceeding, either in its own name or in the name of the Borrower or otherwise, which the Lender may deem necessary or appropriate to protect and preserve its right, title, and interest hereunder; and, (e) without limiting the foregoing the Lender shall have and is hereby given full power to transfer the Debt Service Reserve Funds Escrow Account into the name of the Lender or its nominee.
POWERS OF LENDER. (1) As it relates to roll-overs, renewals, continuations, extensions, additions, substitutions, replacements, modifications, and increments to the Cash Collateral, as well as all of the aforementioned proceeds of the Cash Collateral, each Debtor hereby authorizes Lender to sign, endorse, execute, negotiate and deliver in the name of Debtors any and all documents or instruments necessary to accomplish such roll-overs, renewals, continuations, extensions, additions, substitutions, replacements, modifications, and increments.
POWERS OF LENDER. Debtor appoints Bank, Trustee, or either of them, its true attorneys in fact to perform any of the following powers, which are coupled with an interest, are irrevocable until termination of this Agreement and may be exercised from time to time by Secured Party's officers and employees, or any of them, at any time: (a) to perform any Obligation of Debtor hereunder in Debtor's name or otherwise; (b) to liquidate the Reserve Accounts or any time deposit pledged to Secured Party hereunder prior to its maturity date and to apply the proceeds thereof to payment of any Obligations, notwithstanding the fact that such liquidation may give rise to Federal penalties for early withdrawal of funds from a time deposit; (c) to notify any person obligated on any security, instrument or other document subject to this Agreement of Secured Party's rights hereunder; (d) to collect by legal proceedings or otherwise all dividends, interest, principal or other sums now or hereafter payable upon or on account of the Collateral; (e) to enter into any extension, reorganization, deposit, merger or consolidation agreement, or any other agreement relating to or affecting the Collateral, and in-connection therewith to deposit or surrender control of the Collateral, accept other property in exchange for the Collateral, and do and perform such acts and things as Secured Party may deem proper, and any money or property received in exchange for the Collateral may be applied to the indebtedness or held by Secured Party under this Agreement; (f) to make any compromise or settlement Secured Party deems desirable or
POWERS OF LENDER. Pledgor appoints Lender as his true and lawful attorney-in-fact effective only upon the occurrence and during the continuance of an Event of Default to perform any of the following powers, which are coupled with an interest, are irrevocable until termination of this Agreement, and may be exercised from time to time by Lender's officers and employees, or any of them, in their discretion, to take any action and to execute any instrument which Lender may deem reasonably necessary or desirable to accomplish the purposes of this Agreement, including, without limitation:
POWERS OF LENDER. Pledgor hereby appoints Xxxxxx as Xxxxxxx’s true and lawful attorney-in-fact, effective upon the occurrence and during the continuation of an Event of Default, for the purpose of carrying out this Agreement and taking any action and executing any instrument which the Lender may deem necessary or advisable to perform any of the following powers, which are coupled with an interest, are irrevocable until termination of this Agreement, and may be exercised from time to time by Xxxxxx’s officers, in their discretion, to take any action and to execute any instrument which Xxxxxx may deem reasonably necessary or desirable to accomplish the purposes of this Agreement, including:
POWERS OF LENDER. Pledgor appoints Lender its true attorney in fact to perform any of the following powers, which are coupled with an interest, are irrevocable until termination of this Agreement and may be exercised from time to time by Lender’s officers and employees, or any of them, whether or not Pledgor is in default: (a) to exercise all rights, powers and remedies which Pledgor would have, but for this Agreement, with respect to all Collateral; and (b) to do all acts and things and execute all documents in the name of Pledgor or otherwise, deemed by Lender as necessary, proper and convenient in connection with the preservation, perfection or enforcement of its rights hereunder.
