Common use of POWERS OF LENDER Clause in Contracts

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.

Appears in 1 contract

Samples: Security Agreement (Allis Chalmers Corp)

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POWERS OF LENDER. Houston Dynamic Debtor 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) upon or following the occurrence of an Event of Default, to perform any obligation of Houston Dynamic Debtor hereunder in Houston DynamicDebtor's name or otherwise; (b) upon or following the occurrence of an Event of Default, to give notice to account debtors or others of Lender's rights in the Collateral and ProceedsCollateral, to enforce the same and make extension agreements with respect thereto; (c) to release persons liable on Collateral upon or Proceeds and to give receipts and acquittances and compromise disputes in connection therewith; (d) to release security; (e) following the occurrence of an Event of Default, to resort to security in any order; (fd) 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 ProceedsCollateral; (ge) upon or following the occurrence of an Event of Default, 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 reasonably prepare, adjust, execute, deliver and receive payment under insurance claims, and to reasonably 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 CollateralSecured Obligations; (kf) upon or following the occurrence of an Event of Default, to exercise all rights, powers and remedies which Houston Dynamic Debtor 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 (mg) to do all acts and things and execute all documents in the name of Houston Dynamic Debtor or otherwise, deemed by Lender as necessary, proper and convenient in connection with the preservation, perfection or, upon or following the occurrence of an Event of Default, enforcement of its rights hereunder. 8. PAYMENT OF PREMIUMS, TAXES, CHARGES, LIENS AND ASSESSMENTS. Debtor agrees to pay, prior to delinquency, all insurance premiums, taxes, charges, liens and assessments against the Collateral (except those which Debtor is contesting in good faith, which shall be paid promptly after resolution of the dispute), and upon the failure of Debtor to do so, Lender, at its option, may pay any of them and shall be the sole judge of the legality or validity thereof and the amount necessary to discharge the same. Any such payments made by Lender shall be obligations of Debtor, due and payable immediately upon demand, together with interest at a rate determined in accordance with the provisions hereof, and shall be secured by the Collateral, subject to all terms and conditions of this Agreement.

Appears in 1 contract

Samples: Security Agreement (Bbooth, Inc.)

POWERS OF LENDER. Houston Dynamic Debtor 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) during the continuance of an Event of Default, to perform any obligation of Houston Dynamic Debtor hereunder in Houston DynamicDebtor's name or otherwise; (b) to give notice to account debtors or others of Lender's rights in the Collateral and Proceeds, and, during the continuance of an Event of Default, to enforce or forebear from enforcing the same and make extension and modification agreements with respect thereto; (c) during the continuance of an Event of Default, to release persons liable on Collateral or Proceeds and to give receipts and acquittances and compromise disputes in connection therewith; (d) to release or substitute security; (e) during the continuance of an Event of Default, 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, including, during the continuance of an Event of Default, the filing and prosecuting of registration and transfer applications with appropriate federal or local agencies or authorities with respect to trademarks, copyrights, and patentable inventions and processes; (g) during the continuance of an Event of Default, to receive, open and read mail addressed to Houston DynamicDebtor; (h) during the continuance of an Event of Default, to take cash, instruments for the payment of money and other property to which Lender is entitled; (i) during the continuance of an Event of Default, to verify facts concerning the Collateral and Proceeds by inquiry of obligors thereon, or otherwise, in its own name or a fictitious name; (ij) during the continuance of an Event of Default, to endorse, collect, deliver and receive payment under instruments for the payment of money constituting or relating to Proceeds; (jk) during the continuance of an Event of Default, 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; (kl) during the continuance of an Event of Default, to exercise all rights, powers and remedies which Houston Dynamic Debtor would have, but for this Agreement, with respect to all Collateral and Proceeds subject hereto; (lm) to enter onto Houston DynamicDebtor's premises in inspecting the Collateral; (n) during the continuance of an Event of Default, to make withdrawals from and to close deposit accounts or other accounts with any financial institution, wherever located, into which Proceeds may have been deposited, and to apply funds so withdrawn to payment of the Indebtedness; (o) during the continuance of an Event of Default, to preserve or release the interest evidenced by chattel paper to which Lender is entitled hereunder and to endorse and deliver any evidence of title incidental thereto; and (mp) during the continuance of an Event of Default, to do all acts and things and execute all documents in the name of Houston Dynamic Debtor or otherwise, deemed by Lender as necessary, proper and convenient in connection with the preservation, perfection or enforcement of its rights hereunder.

Appears in 1 contract

Samples: Security Agreement (Vicon Industries Inc /Ny/)

POWERS OF LENDER. Houston Dynamic (a) Grantor 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 Agreement, payment in full of all Obligations and termination of all commitments of Lender under the Credit Agreement, and may be exercised from time to time by Lender's ’s officers and employees, or any of them, whether or not Houston Dynamic is in defaultan Event of Default has occurred: (ai) to perform any obligation of Houston Dynamic Grantor hereunder in Houston Dynamic's Grantor’s name or otherwise; (bii) to give notice to account debtors Account Debtors or others of Lender's ’s rights in the Collateral and Proceeds, to enforce the same and make extension agreements with respect theretoCollateral; (ciii) to release persons liable on Collateral or Proceeds and to give receipts and acquittances and compromise disputes in connection therewith; (d) to release substitute security; (e) to resort to security in any order; (fiv) to prepare, execute, file, record or deliver notes, assignments, schedules, designation statements, initial financing statementsstatements and amendments, continuation statements, termination statements, statements of assignment, applications for registration or like papers to perfect, preserve or release Lender's ’s interest in the Collateral and ProceedsCollateral; (gv) to receivetake cash, open instruments for the payment of money and read mail addressed other property to Houston Dynamicwhich Lender is entitled; (hvi) 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; (jvii) 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 ’s sole option, toward repayment of the Indebtedness or, where appropriate, Obligations or replacement or restoration 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; (lviii) to enter onto Houston Dynamic's Grantor’s premises in inspecting to inspect the Collateral; (ix) to make withdrawals from and to close deposit accounts or other accounts with any financial institution, wherever located, into which Proceeds may have been deposited, and to apply funds so withdrawn to payment of the Obligations; (x) to preserve or release the interest evidenced by chattel paper to which Lender is entitled hereunder and to endorse and deliver any evidence of title to such interest; and (mxi) to do all acts and things and execute all documents in the name of Houston Dynamic Grantor or otherwise, deemed by Lender as reasonably necessary, proper and convenient in connection with the preservation, perfection perfection, priority or enforcement of its rights hereunderLender’s rights.

Appears in 1 contract

Samples: Security Agreement (Communications Systems Inc)

POWERS OF LENDER. Houston Dynamic 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 Houston Dynamic is in default: (a) during the continuance of an Event of Default, to perform any obligation of Houston Dynamic Pledgor hereunder in Houston DynamicPledgor's name or otherwise; (b) to give notice to account debtors or others of Lender's rights in the Collateral and Proceeds, and, during the continuance of an Event of Default, to enforce or forebear from enforcing the same and make extension and modification agreements with respect thereto; (c) during the continuance of an Event of Default, to release persons liable on Collateral or Proceeds and to give receipts and acquittances and compromise disputes in connection therewith; (d) to release or substitute 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, including, during the continuance of an Event of Default, the filing and prosecuting of registration and transfer applications with the appropriate federal or local agencies or authorities with respect to trademarks, copyrights and patentable inventions and processes; (g) during the continuance of an Event of Default, to receive, open and read mail addressed to Houston DynamicPledgor; (h) during the continuance of an Event of Default, to take cash, instruments for the payment of money and other property to which Lender is entitled; (i) during the continuance of an Event of Default, to verify facts concerning the Collateral and Proceeds by inquiry of obligors thereon, or otherwise, in its own name or a fictitious name; (ij) during the continuance of an Event of Default, to endorse, collect, deliver and receive payment under instruments for the payment of money constituting or relating to Proceeds; (jk) during the continuance of an Event of Default, 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; (kl) during the continuance of an Event of Default, to exercise all rights, powers and remedies which Houston Dynamic Pledgor would have, but for this Agreement, with respect to all Collateral and Proceeds subject hereto; (lm) during the continuance of an Event of Default, to enter onto Houston DynamicPledgor's premises in inspecting the Collateral; (n) during the continuance of an Event of Default, to make withdrawals from and to close deposit accounts or other accounts with any financial institution, wherever located, into which Proceeds may have been deposited, and to apply funds so withdrawn to payment of the Indebtedness; (o) during the continuance of an Event of Default, to preserve or release the interest evidenced by chattel paper to which Lender is entitled hereunder and to endorse and deliver any evidence of title incidental thereto; and (mp) during the continuance of an Event of Default, to do all acts and things and execute all documents in the name of Houston Dynamic Pledgor or otherwise, deemed by Lender as necessary, proper and convenient in connection with the preservation, perfection or enforcement of its rights hereunder.

Appears in 1 contract

Samples: Security Agreement (Vicon Industries Inc /Ny/)

POWERS OF LENDER. Houston Dynamic Borrower 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 Agreement, and may be exercised from time to time by Lender's officers ’s officers, employees, and employeesagents, or any of them, whether or not Houston Dynamic is in default: (a) to perform any obligation of Houston Dynamic Borrower hereunder in Houston Dynamic's Borrower’s name or otherwise; (b) to give notice to account debtors or others of Lender's ’s rights in the Collateral and Proceeds, and if a Default has occurred, to enforce the same and make extension agreements with respect thereto; (c) if a Default has occurred, to release persons liable on Collateral or Proceeds and to give receipts and acquittances and compromise disputes in connection therewith; (d) if a Default has occurred, to release security; (e) if a Default has occurred, 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 ’s interest in the Collateral and Proceeds; (g) if a Default has occurred, to receive, open and read mail addressed to Houston DynamicBorrower; (h) if a Default has occurred, to take cash, instruments for the payment of money and other property to which Lender is entitled; (i) to verify facts concerning the Collateral and Proceeds by inquiry of obligors thereon, or otherwise, in its own name or a fictitious name; (ij) if a Default has occurred, to endorse, collect, deliver and receive payment under instruments for the payment of money constituting or relating to Proceeds; (jk) if a Default has occurred, 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 ’s sole option, toward repayment of the Indebtedness Secured Obligations or, where appropriate, replacement of the Collateral; (kl) if a Default has occurred, to exercise all rights, powers and remedies which Houston Dynamic Borrower would have, but for this Agreement, with respect to all Collateral and Proceeds subject hereto; (lm) if a Default has occurred, to enter onto Houston Dynamic's premises in inspecting make withdrawals from and to close deposit accounts or other accounts with any financial institution, wherever located, into which Proceeds may have been deposited, and to apply funds so withdrawn to payment of the CollateralSecured Obligations; (n) if a Default has occurred, to preserve or release the interest evidenced by chattel paper to which Lender is entitled hereunder and to endorse and deliver evidences of title incidental thereto; and (mo) to do all acts and things and execute all documents in the name of Houston Dynamic Borrower or otherwise, deemed by Lender as necessary, proper and convenient in connection with the preservation, perfection or enforcement of its rights hereunder.

Appears in 1 contract

Samples: Credit Agreement (Consonus Technologies, Inc.)

POWERS OF LENDER. Houston Dynamic (a) Each Grantor 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 Agreement, payment in full of all Obligations and termination of all commitments of Lender under the Credit Agreement, and may be exercised from time to time by Lender's ’s officers and employees, or any of them, whether or not Houston Dynamic is in defaultan Event of Default has occurred: (ai) to perform any obligation of Houston Dynamic Grantor hereunder in Houston Dynamic's Grantor’s name or otherwise; (bii) to give notice to account debtors Account Debtors or others of Lender's ’s rights in the Collateral and Proceeds, to enforce the same and make extension agreements with respect theretoCollateral; (ciii) to release persons liable on Collateral or Proceeds and to give receipts and acquittances and compromise disputes in connection therewith; (d) to release substitute security; (e) to resort to security in any order; (fiv) to prepare, execute, file, record or deliver notes, assignments, schedules, designation statements, initial financing statementsstatements and amendments, continuation statements, termination statements, statements of assignment, applications for registration or like papers to perfect, preserve or release Lender's ’s interest in the Collateral and ProceedsCollateral; (gv) to receivetake cash, open instruments for the payment of money and read mail addressed other property to Houston Dynamicwhich Lender is entitled; (hvi) 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; (jvii) 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 ’s sole option, toward repayment of the Indebtedness or, where appropriate, Obligations or replacement or restoration 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; (lviii) to enter onto Houston Dynamic's Grantor’s premises in inspecting to inspect the Collateral; (ix) to make withdrawals from and to close deposit accounts or other accounts with any financial institution, wherever located, into which Proceeds may have been deposited, and to apply funds so withdrawn to payment of the Obligations; (x) to preserve or release the interest evidenced by chattel paper to which Lender is entitled hereunder and to endorse and deliver any evidence of title to such interest; and (mxi) to do all acts and things and execute all documents in the name of Houston Dynamic Grantor or otherwise, deemed by Lender as reasonably necessary, proper and convenient in connection with the preservation, perfection perfection, priority or enforcement of its rights hereunderLender’s rights.

Appears in 1 contract

Samples: Security Agreement (Communications Systems Inc)

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POWERS OF LENDER. Houston Dynamic Debtor 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) upon or following the occurrence of an Event of Default, to perform any obligation of Houston Dynamic Debtor hereunder in Houston DynamicDebtor's name or otherwise; (b) upon or following the occurrence of an Event of Default, to give notice to account debtors or others of Lender's rights in the Collateral and ProceedsCollateral, to enforce the same and make extension agreements with respect thereto; (c) to release persons liable on Collateral upon or Proceeds and to give receipts and acquittances and compromise disputes in connection therewith; (d) to release security; (e) following the occurrence of an Event of Default, to resort to security in any order; (fd) 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 ProceedsCollateral; (ge) upon or following the occurrence of an Event of Default, 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 reasonably prepare, adjust, execute, deliver and receive payment under insurance claims, and to reasonably 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 CollateralSecured Obligations; (kf) upon or following the occurrence of an Event of Default, to exercise all rights, powers and remedies which Houston Dynamic Debtor 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 (mg) to do all acts and things and execute all documents in the name of Houston Dynamic Debtor or otherwise, deemed by Lender as necessary, proper and convenient in connection with the preservation, perfection or, upon or following the occurrence of an Event of Default, enforcement of its rights hereunder.

Appears in 1 contract

Samples: Security Agreement (Bbooth, Inc.)

POWERS OF LENDER. Houston Dynamic Debtor appoints the 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 the 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 Debtor hereunder in Houston DynamicDebtor's name or otherwise; (b) to give notice to account debtors or others of the Lender's rights in the Collateral and Proceeds, to enforce or forebear from enforcing the same and make extension and modification 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 or substitute 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 the Lender's interest in the Collateral and Proceeds; (g) to receive, open and read mail addressed to Houston DynamicDebtor; (h) to take cash, instruments for the payment of money and other property to which the Lender is entitled; (i) to verify facts concerning the Collateral and Proceeds by inquiry of obligors thereon, or otherwise, in its own name or a fictitious name; (ij) to endorse, collect, deliver and receive payment under instruments for the payment of money constituting or relating to Proceeds; (jk) 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, the Lender toward repayment of the Indebtedness Secured Obligations or, where appropriateappropriate and if approved by the Secured Creditors, replacement of the Collateral; (kl) to exercise all rights, powers and remedies which Houston Dynamic Debtor would have, but for this Agreement, with respect to all Collateral and Proceeds subject hereto; (lm) to enter onto Houston DynamicDebtor's premises in inspecting the Collateral; (n) to make withdrawals from and to close deposit accounts or other accounts with any financial institution, wherever located, into which Proceeds may have been deposited, and to apply funds so withdrawn to payment of the Secured Obligations; (o) to preserve or release the interest evidenced by chattel paper to which the Lender is entitled hereunder and to endorse and deliver any evidence of title incidental thereto; and (mp) to do all acts and things and execute all documents in the name of Houston Dynamic Debtor or otherwise, deemed by the Lender as necessary, proper and convenient in connection with the preservation, perfection or enforcement of its rights hereunder; provided however, that the Lender shall not take any of the above actions to the extent inconsistent with the rights of Fidelity Funding Business Credit, Ltd. pursuant to the USA Obligations. The Lender shall exercise its rights as attorney in fact under this Agreement only upon the occurrence and continuation of an Event of Default (as that term is defined in the Note).

Appears in 1 contract

Samples: Security Agreement (Pacifichealth Laboratories Inc)

POWERS OF LENDER. Houston Dynamic Debtor 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 ’s officers and employees, or any of them, whether or not Houston Dynamic after an Event of Default (as defined below) has occurred and while it is in defaultcontinuing: (a) to perform any obligation of Houston Dynamic Debtor hereunder in Houston Dynamic's Debtor’s name or otherwise; (b) to give notice to account debtors or others of Lender's ’s rights in the Collateral and Proceeds, to enforce or forebear from enforcing the same and make extension and modification 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 or substitute 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 ’s interest in the Collateral and Proceeds; (g) to receive, open and read mail addressed to Houston Dynamic[RESERVED]; (h) [RESERVED]; (i) to verify facts concerning the Collateral and Proceeds by inquiry of obligors thereon, or otherwise, in its own name or a fictitious name; (ij) to endorse, collect, deliver and receive payment under instruments for the payment of money constituting or relating to Proceeds[RESERVED]; (jk) 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 ’s sole option, toward repayment of the Indebtedness or, where appropriate, replacement of the Collateral; (kl) to exercise all rights, powers and remedies which Houston Dynamic Debtor would have, but for this Agreement, with respect to all Collateral and Proceeds subject hereto; (lm) to enter onto Houston Dynamic's Debtor’s premises in inspecting the Collateral; (n) [RESERVED]; (o) to preserve or release the interest evidenced by chattel paper to which Lender is entitled hereunder and to endorse and deliver any evidence of title incidental thereto; and (mp) to do all acts and things and execute all documents in the name of Houston Dynamic Debtor or otherwise, deemed by Lender as necessary, proper and convenient in connection with the preservation, perfection or enforcement of its rights hereunder.

Appears in 1 contract

Samples: Agreement (Turtle Beach Corp)

POWERS OF LENDER. Houston Dynamic Each Grantor 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 Xxxxxx’s officers and employees, or any of them, whether or not Houston Dynamic such Grantor is in default: (a) to perform any obligation of Houston Dynamic such Grantor hereunder in Houston Dynamic's that Grantor’s name or otherwise; (b) to give notice to account debtors Grantors or others of Lender's ’s rights in the Collateral and Proceeds, to enforce or forebear from enforcing the same and make extension and modification 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 securityor substitute security securing obligations owing to such Grantor; (e) to resort in any order to security in any ordersecuring obligations owing to the relevant Grantor; (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 ’s interest in the Collateral and Proceeds; (g) to receive, open and read mail addressed to Houston Dynamicsuch Grantor; (h) to take cash, instruments for the payment of money and other property to which Lender is entitled; (i) to verify facts concerning the Collateral and Proceeds by inquiry of obligors thereon, or otherwise, in its own name or a fictitious name; (ij) to endorse, collect, deliver and receive payment under instruments for the payment of money constituting or relating to Proceeds; (jk) 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 ’s sole option, toward repayment of the Indebtedness secured hereby or, where appropriate, replacement of the Collateral; (kl) to exercise all rights, powers and remedies which Houston Dynamic such Grantor would have, but for this Agreement, with respect to all Collateral and Proceeds subject hereto; (lm) to enter onto Houston Dynamic's such Grantor’s premises in inspecting the Collateral; (n) to make withdrawals from and to close deposit accounts or other accounts with any financial institution, wherever located, into which Proceeds may have been deposited, and to apply funds so withdrawn to payment of the Indebtedness secured hereby; (o) to preserve or release the interest evidenced by chattel paper to which Xxxxxx is entitled hereunder and to endorse and deliver any evidence of title incidental thereto; and (mp) to do all acts and things and execute all documents in the name of Houston Dynamic the relevant Grantor or otherwise, deemed by Lender as necessary, proper and convenient in connection with the preservation, perfection or enforcement of its rights hereunder. 10 PAYMENT OF PREMIUMS, TAXES, CHARGES, LIENS AND ASSESSMENTS. Grantor agrees to pay, prior to delinquency, all insurance premiums, taxes, charges, liens and assessments against the Collateral and Proceeds, and upon the failure of any Grantor to do so, Lender at its option may pay any of them and shall be the sole judge of the legality or validity thereof and the amount necessary to discharge the same. Any such payments made by Lender shall be obligations of such Grantor to Lender, due and payable immediately upon demand, and at Xxxxxx’s option and subject to any restrictions under applicable law pertaining to usury, together with interest at a rate determined in accordance with the provisions of this Agreement, and shall be secured by the Collateral and Proceeds, subject to all terms and conditions of this Agreement.

Appears in 1 contract

Samples: Security Agreement (Englobal Corp)

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