Secured Party Appointed Attorney-in-Fact. Each Pledgor hereby irrevocably appoints Secured Party as such Pledgor's attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitation: (a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor; (b) to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral; (c) to receive, endorse and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and (d) to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 4 contracts
Samples: Credit Agreement (DMW Worldwide Inc), Credit Agreement (Aurora Foods Inc /Md/), Credit Agreement (Aurora Foods Inc /De/)
Secured Party Appointed Attorney-in-Fact. Each Upon the occurrence and during the continuation of an Event of Default, Pledgor hereby irrevocably appoints Secured Party as such Pledgor's ’s attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party or otherwise, from time to time in Secured Party's ’s discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitation:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(c) to receive, endorse and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and
(d) to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 2 contracts
Samples: Borrower Pledge Agreement (American Homepatient Inc), Subsidiary Pledge Agreement (American Homepatient Inc)
Secured Party Appointed Attorney-in-Fact. Each Pledgor hereby irrevocably appoints Secured Party as such Pledgor's attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitation:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(c) to receive, endorse and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and
(d) to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 2 contracts
Samples: Company Pledge Agreement (Players International Inc /Nv/), Company Pledge Agreement (Players International Inc /Nv/)
Secured Party Appointed Attorney-in-Fact. Each Upon the occurrence and during the continuation of an Event of Default, Pledgor hereby irrevocably appoints Secured Party as such Pledgor's attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitation:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(c) to receive, endorse and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and
(d) to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 2 contracts
Samples: Borrower Pledge Agreement (American Homepatient Inc), Subsidiary Pledge Agreement (American Homepatient Inc)
Secured Party Appointed Attorney-in-Fact. Each Pledgor Debtor hereby irrevocably appoints Secured Party as such Pledgor's attorney-in-factfact of Debtor, with full authority in the place and stead of such Pledgor Debtor and in the name of such PledgorDebtor, Secured Party or otherwise, from time to time in on Secured Party's discretion and upon the occurrence of an Event of Default, to take any action and to execute any instrument that which Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitation:
: (a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
; (cb) to receive, endorse endorse, and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment drafts or other distribution instruments, documents and chattel paper, in respect connection with clause (a) of the Pledged Collateral or any part thereof and to give full discharge for the samethis Section 8.2; and
(dc) to file any claims or take any action or institute any proceedings that proceeding which Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to against any of the Pledged Collateral; and (d) to assign and transfer the Collateral, or any part thereof, absolutely and to execute and deliver endorsements, assignments, conveyances, bills of sale and other instruments with power to substitute one or more persons or corporation with like power.
Appears in 2 contracts
Samples: Assignment and Security Agreement (Prime Medical Services Inc /Tx/), Assignment and Security Agreement (American Physicians Service Group Inc)
Secured Party Appointed Attorney-in-Fact. Each Pledgor hereby irrevocably appoints Secured Party as such Pledgor's ’s attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitation’s discretion:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to and limited to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) subsequent to the occurrence and during the continuation of an Event of Default, to ask, demand, collect, xxx for, recover, compound, receive receive, and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(c) subsequent to the occurrence and during the continuation of an Event of Default, to receive, endorse endorse, and collect any instruments made payable to such any Pledgor representing any dividend, principal or interest dividend payment or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and
(d) subsequent to the occurrence and during the continuation of an Event of Default, to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 2 contracts
Samples: Credit Agreement (Ashford Hospitality Prime, Inc.), Credit Agreement (Ashford Hospitality Prime, Inc.)
Secured Party Appointed Attorney-in-Fact. Each Pledgor hereby irrevocably appoints Secured Party as such Pledgor's ’s attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitation’s discretion:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to and limited to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) subsequent to the occurrence and during the continuation of an Event of Default, to ask, demand, collect, xxx for, recover, compound, receive receive, and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(c) subsequent to the occurrence and during the continuation of an Event of Default, to receive, endorse endorse, and collect any instruments made payable to such any Pledgor representing any dividend, principal or interest dividend payment or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and
(d) subsequent to the occurrence and during the continuation of an Event of Default, to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 2 contracts
Samples: Credit Agreement (Sunstone Hotel Investors, Inc.), Credit Agreement (Sunstone Hotel Investors, Inc.)
Secured Party Appointed Attorney-in-Fact. Each Pledgor hereby irrevocably appoints Secured Party as such Pledgor's ’s attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party Pledgor or otherwise, from time to time in Secured Party's ’s discretion after an Event of Default exists, to take any action and to execute any instrument that which Secured Party may deem necessary or advisable to accomplish the purposes of this AgreementAgreement including, including without limitation:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) to ask, demand, collect, xxx for, recover, compoundcompromise, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(cb) to receive, endorse endorse, and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment drafts or other distribution instruments, documents and chattel paper, in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; andconnection with clause (a) above;
(dc) to file any claims or take any action or institute any proceedings that which Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral;
(d) to perform the affirmative obligations of Pledgor hereunder (including all obligations of Pledgor pursuant to Section 4.1);
(e) to execute and deliver for and on behalf of Pledgor any and all instruments, documents, agreements, and other writings necessary or advisable for the exercise on behalf of Pledgor of any rights, benefits or options created or existing under or pursuant to the Collateral; and
(f) to execute endorsements, assignments or other instruments of conveyance and transfer. Pledgor hereby acknowledges, consents, and agrees that the power of attorney granted pursuant to this Section is irrevocable and coupled with an interest, which power of attorney shall remain in full force and effect until this Agreement is terminated and the security interests created hereby are released in accordance with the terms hereof.
Appears in 2 contracts
Samples: Pledge and Security Agreement (CMR Mortgage Fund II, LLC), Pledge and Security Agreement (CMR Mortgage Fund II, LLC)
Secured Party Appointed Attorney-in-Fact. Each Pledgor Grantor hereby irrevocably appoints the Secured Party as such Pledgor's Grantor’s attorney-in-fact, with full authority in the place and stead of such Pledgor Grantor and in the name of such Pledgor, Secured Party Grantor or otherwise, from time to time in the Secured Party's discretion ’s discretion, following the occurrence and continuation of an Event of Default, to take any action and to execute any instrument that which the Secured Party may deem necessary or advisable to accomplish the purposes of this Security Agreement, including without limitationincluding:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) to ask, demand, collect, xxx for, recover, compoundcompromise, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(cb) to receive, endorse endorse, and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment drafts or other distribution Instruments, Documents and Chattel Paper, in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; andconnection with clause (a) above;
(dc) to file any claims or take any action or institute any proceedings that which the Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of the Secured Party with respect to any of the Pledged Collateral; and
(d) to perform the affirmative obligations of such Grantor hereunder (including all obligations of such Grantor pursuant to Section 4.1.7 hereof). Such Grantor hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section is irrevocable until the Obligations are satisfied and coupled with an interest.
Appears in 2 contracts
Samples: Senior Secured Credit Agreement (Titan Corp), Senior Secured Credit Agreement (Surebeam Corp)
Secured Party Appointed Attorney-in-Fact. Each Pledgor hereby irrevocably appoints Secured Party as such Pledgor's attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitation:
(a) to file filing one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
; provided, that unless an Event of Default has occurred and is continuing, Secured Party may not (bi) to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(c) to receive, endorse and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment dividend or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the samethereof; and
or (dii) to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 2 contracts
Samples: Subsidiary Pledge Agreement (Express Scripts Inc), Pledge Agreement (Express Scripts Inc)
Secured Party Appointed Attorney-in-Fact. Each Pledgor Debtor hereby irrevocably appoints Secured Party as such Pledgor's attorney-in-factfact of Debtor, with full authority in the place and stead of such Pledgor Debtor and in the name of such PledgorDebtor, Secured Party or otherwise, from time to time in on Secured Party's discretion and upon the occurrence of an Event of Default, to take any action and to execute any instrument that which Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitation:
: (a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) to ask, demand, collect, xxx forsue xxx, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
Collateral (cb) to receive, endorse endorse, and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment drafts or other distribution instruments, documents and chattel paper, in respect connection with clause (a) of the Pledged Collateral or any part thereof and to give full discharge for the samethis Section 8.2; and
(dc) to file any claims or take any action or institute any proceedings that proceeding which Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to against any of the Pledged Collateral; and (d) to assign and Offer the Collateral, or any part thereof, absolutely and to execute and deliver endorsements, assignments, conveyances, bills of sale and other instruments with power to substitute one or more persons or corporation with like power.
Appears in 1 contract
Samples: Assignment and Security Agreement (Exsorbet Industries Inc)
Secured Party Appointed Attorney-in-Fact. Each Pledgor ---------------------------------------- hereby irrevocably appoints Secured Party as such Pledgor's attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitationincluding:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;; and
(b) upon the occurrence and during the continuation of an Event of Default:
(i) to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(cii) to receive, endorse and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and
(diii) to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 1 contract
Secured Party Appointed Attorney-in-Fact. Each Pledgor Debtor hereby irrevocably appoints Secured Party as such Pledgor's Debtor’s attorney-in-factfact (such power being exercisable if an Event of Default exists), with full authority in the place and stead of such Pledgor Debtor and in the name of such Pledgor, Secured Party Debtor or otherwise, from time to time in Secured Party's discretion otherwise to take any action and to execute any instrument that which Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including including, without limitation:limitation (provided, Secured Party shall not have any duty to take any such action or execute any instrument):
(a) to file one or more financing or continuation statements, or amendments thereto, relative obtain and adjust insurance required to all or any part of the Pledged Collateral without the signature of such Pledgorbe paid to Secured Party pursuant to Section 4.16;
(b) to ask, demand, collect, xxx for, recover, compoundcompromise, receive receive, and give acquittance and receipts for moneys due and to become due under or in respect of any of connection with the Pledged Collateral;
(c) to receive, endorse indorse, and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment drafts or other distribution Instruments, Documents, and Chattel Paper, in respect of the Pledged Collateral or any part thereof and to give full discharge for the sameconnection therewith; and
(d) to file any claims or take any action or institute any proceedings that which Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce compliance with the terms and conditions of any Collateral or the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 1 contract
Secured Party Appointed Attorney-in-Fact. Each Pledgor hereby irrevocably appoints appoints, effective upon and during the continuance of an Event of Default, Secured Party as such Pledgor's attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party Pledgor or otherwise, from time to time in Secured Party's discretion to take any action and to execute and/or deliver any instrument that instrument, including but not limited to financing and continuation statements, which Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including including, without limitation:
(a) , to file one receive, endorse and collect all instruments made payable to Pledgor representing any dividend or more financing or continuation statements, or amendments thereto, relative to all or any part other distribution in respect of the Pledged Collateral without or any part thereof and to give full discharge for the signature of such Pledgor;
(b) same, to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of to any of the Pledged Collateral;
(c) to receive, endorse and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and
(d) to file any claims or take any action or institute any proceedings that which Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 1 contract
Secured Party Appointed Attorney-in-Fact. Each Pledgor hereby irrevocably appoints Secured Party as such PledgorXxxxxxx's attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitation:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) upon the occurrence and continuance of an Event of Default, to ask, demand, collect, xxx sue for, recover, compound, receive receive, and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(c) upon the occurrence and continuance of an Event of Default, to receive, endorse endorse, and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment dividend or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and
(d) upon the occurrence and continuance of an Event of Default, to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 1 contract
Samples: Credit Agreement (Trammell Crow Co)
Secured Party Appointed Attorney-in-Fact. Each Subject to the Existing Lien, Pledgor hereby irrevocably appoints appoints, effective upon and during the continuance of an Event of Default, Secured Party as such Pledgor's attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party Pledgor or otherwise, from time to time in Secured Party's discretion to take any action and to execute and/or deliver any instrument that instrument, including but not limited to financing and continuation statements, which Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including including, without limitation:
(a) , to file one receive, endorse and collect all instruments made payable to Pledgor representing any dividend or more financing or continuation statements, or amendments thereto, relative to all or any part other distribution in respect of the Pledged Collateral without or any part thereof and to give full discharge for the signature of such Pledgor;
(b) same, to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of to any of the Pledged Collateral;
(c) to receive, endorse and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and
(d) to file any claims or take any action or institute any proceedings that which Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 1 contract
Secured Party Appointed Attorney-in-Fact. Each Pledgor hereby irrevocably appoints Secured Party as such Pledgor's ’s attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party or otherwise, from time to time in Secured Party's ’s discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitation:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) upon the occurrence and during the continuance of an Event of Default, to ask, demand, collect, xxx for, recover, compound, receive receive, and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(c) upon the occurrence and during the continuance of an Event of Default, to receive, endorse endorse, and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment dividend or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and
(d) upon the occurrence and during the continuance of an Event of Default, to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 1 contract
Samples: Credit Agreement (Trammell Crow Co)
Secured Party Appointed Attorney-in-Fact. Each Pledgor The Grantor hereby irrevocably appoints the Secured Party as such Pledgor's the Grantor’s attorney-in-fact, with full authority in the place and stead of such Pledgor the Grantor and in the Grantor’s name, the Secured Party’s name of such Pledgor, Secured Party or otherwise, from time to time following the occurrence and during the existence of an Event of Default, in the Secured Party's discretion ’s discretion, to take any action and to execute any instrument that which Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including including, without limitation:
, to (a) obtain and adjust insurance required to file one or more financing or continuation statements, or amendments thereto, relative be paid to all or any part of the Pledged Collateral without Secured Party pursuant to the signature of such Pledgor;
Underwriting Agreement; (b) to ask, demand, collect, xxx for, recover, compoundcompromise, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
; (c) to receive, endorse endorse, and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment drafts or other distribution instruments, documents and chattel paper, in respect of the Pledged Collateral connection with clause (a) or any part thereof (b) above; and to give full discharge for the same; and
(d) to file any claims or take any action or institute any proceedings that the Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral Collateral, or otherwise to enforce the rights of the Secured Party with respect to any of the Pledged Collateral.
Appears in 1 contract
Samples: Underwriting and Continuing Indemnity Agreement (Great Lakes Dredge & Dock CORP)
Secured Party Appointed Attorney-in-Fact. Each Pledgor The Guarantor hereby irrevocably appoints the Secured Party as such Pledgor's its attorney-in-fact, with full authority in the place and stead of such Pledgor the Guarantor and in the name of such Pledgor, Secured Party the Guarantor or otherwise, from time to time in the Secured Party's discretion discretion, following the occurrence and during the continuance of an Event of Default, to take any action and to execute any instrument that which the Secured Party may deem necessary or advisable to accomplish the purposes of this Guaranty and Security Agreement, including without limitationincluding:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) to ask, demand, collect, xxx sue for, recover, compoundcomproxxxe, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(cb) to receive, endorse endorse, and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment drafts or other distribution instruments, documents and chattel paper, in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; andconnection with clause (a) above;
(dc) to file any claims or take any action or institute any proceedings that which the Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of the Secured Party with respect to any of the Pledged Collateral; and
(d) to perform the affirmative obligations of the Guarantor hereunder (including all obligations of the Guarantor pursuant to Section 5.6). The Guarantor hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section is irrevocable and coupled with an interest.
Appears in 1 contract
Samples: Guaranty and Security Agreement (Right Start Inc /Ca)
Secured Party Appointed Attorney-in-Fact. Each Pledgor hereby irrevocably appoints Secured Party as such Pledgor's ’s attorney-in-factfact (exercisable if an Event of Default exists and is continuing and Secured Party has commenced enforcement hereof, but subject to Section 2.6), with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party Pledgor or otherwise, from time to time in Secured Party's discretion otherwise to take any action and to execute any instrument that which Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including including, without limitation:limitation (provided, Secured Party shall not have any duty to take any such action or execute any instrument):
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) to ask, demand, collect, xxx for, recover, compoundcompromise, receive receive, and give acquittance and receipts for moneys due and to become due under or in respect of any of connection with the Pledged Collateral;
(cb) to receive, endorse indorse, and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment drafts or other distribution instruments, documents, and chattel paper, in respect of the Pledged Collateral or any part thereof and to give full discharge for the sameconnection therewith; and
(dc) to file any claims or take any action or institute any proceedings that which Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce compliance with the terms and conditions of any Collateral or the rights of Secured Party with respect to any of the Pledged Collateral. Secured Party shall endeavor to provide each Pledgor with notice of any action by Secured Party pursuant to this Section 4.6; provided, any failure to provide any such notice shall not impair any right or action of Secured Party or any Creditor.
Appears in 1 contract
Secured Party Appointed Attorney-in-Fact. Each Pledgor hereby irrevocably appoints Secured Party as such Pledgor's attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitation:
: (a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
; (b) to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
; (c) to receive, endorse and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and
and (d) to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 1 contract
Samples: Credit Agreement (Smith Corona Corp)
Secured Party Appointed Attorney-in-Fact. Each Pledgor hereby irrevocably appoints Secured Party as such Pledgor's attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitation:
: (a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
; (b) to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
; (c) to receive, endorse and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and
and (d) to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 1 contract
Samples: Credit Agreement (Smith Corona Corp)
Secured Party Appointed Attorney-in-Fact. Each Pledgor The Debtor hereby ---------------------------------------- irrevocably appoints the Secured Party as such Pledgorthe Debtor's attorney-in-fact, with full authority in the place and stead of such Pledgor the Debtor and in the name of such Pledgor, Secured Party the Debtor or otherwise, from time to time in the Secured Party's discretion to take any action and to execute any instrument that the Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including including, without limitation, the following:
(a) to file one or more financing or continuation statements, or amendments thereto, relative obtain and adjust insurance required to all or any part of be paid to the Pledged Collateral without the signature of such PledgorSecured Party pursuant to Section 6(b);
(b) to askTo ask for, demand, collect, xxx for, recover, compoundcompromise, receive receive, and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(c) to receive, endorse and collect (i) any drafts or other instruments, documents and chattel paper in connection with Section 9(a) or (b) and (ii) all instruments made payable to such Pledgor the Debtor representing any interest payment, dividend, return of principal or interest payment or other distribution in respect of the Pledged Deposit Account Collateral or any part thereof thereof, and to give full discharge for the same; and
(d) to file any claims or claims, take any action or institute any proceedings that the Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of the Secured Party with respect to any of the Pledged Collateral.
Appears in 1 contract
Samples: Trade Financing Agreement (Centillium Communications Inc)
Secured Party Appointed Attorney-in-Fact. Each Pledgor hereby irrevocably appoints Secured Party as such Pledgor's attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion upon and only upon and during the continuation of an Event of Default to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitationincluding:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(c) to receive, endorse and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and
(d) to file any claims or take any action or institute any proceedings that Secured Party may reasonably deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 1 contract
Secured Party Appointed Attorney-in-Fact. Each Pledgor If any Event of Default has occurred and is continuing, the Debtor hereby irrevocably appoints the Secured Party as such Pledgor's the Debtor’s attorney-in-fact, with full authority in the place and stead of such Pledgor the Debtor and in the name of such Pledgorthe Debtor, and the Secured Party or otherwise, from time to time in Secured Party's discretion to may take any action and to execute any instrument that instrument, including without limitation, UCC-1’s, which the Secured Party may deem necessary or advisable to accomplish the purposes of this AgreementAgreement (subject to the rights of the Debtor under Section 8), including including, without limitation:
(a) to file one or more financing or continuation statements, or amendments thereto, relative obtain and adjust insurance required to all or any part of be paid to the Pledged Collateral without the signature of such Pledgor;Secured Party pursuant to Section 7,
(b) to ask, demand, collect, xxx for, recover, compoundcompromise, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of connection with the Pledged Collateral;,
(c) to receive, endorse and endorse, aid collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment drafts or other distribution instruments, documents and chattel paper, in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; connection therewith, and
(d) to file any claims or take any action or institute any proceedings that which the Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of the Secured Party with respect to any of the Pledged Collateral.
Appears in 1 contract
Samples: Security Agreement (Nuvim Inc)
Secured Party Appointed Attorney-in-Fact. Each Pledgor hereby irrevocably appoints Secured Party as such Pledgor's ’s attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party or otherwise, from time to time in Secured Party's ’s discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitation:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) upon the occurrence and continuance of an Event of Default, to ask, demand, collect, xxx for, recover, compound, receive receive, and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(c) upon the occurrence and continuance of an Event of Default, to receive, endorse endorse, and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment dividend or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and
(d) upon the occurrence and continuance of an Event of Default, to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 1 contract
Samples: Credit Agreement (Trammell Crow Co)
Secured Party Appointed Attorney-in-Fact. Each Pledgor hereby irrevocably appoints Secured Party as such Pledgor's attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitation:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(c) to receive, endorse and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and
(d) to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral. Notwithstanding anything to the contrary in this Section 8, Secured Party's authority as Pledgor's attorney-in-fact under subsections (b), (c) and (d) shall be exercisable only after the occurrence and during the continuance of an Event of Default.
Appears in 1 contract
Samples: Credit Agreement (Arterial Vascular Engineering Inc)
Secured Party Appointed Attorney-in-Fact. Each Pledgor hereby irrevocably appoints Secured Party as such Pledgor's attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including including, without limitation:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) after the occurrence of an Event of Default that has not been waived in writing by Secured Party, to ask, demand, collect, xxx sue for, recover, compound, receive and give acquittance and receipts receipxx for moneys due and to become due under or in respect of any of the Pledged Collateral;
(c) after the occurrence of an Event of Default that has not been waived in writing by Secured Party, to receive, endorse and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment dividend or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and;
(d) after the occurrence of an Event of Default that has not been waived in writing by Secured Party, to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or Collateral; or
(e) otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral. The appointment hereunder is coupled with an interest and is irrevocable.
Appears in 1 contract
Samples: Stock Pledge Agreement (First Montauk Financial Corp)
Secured Party Appointed Attorney-in-Fact. Each Pledgor hereby irrevocably appoints Secured Party as such Pledgor's Plxxxxx'x attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitation:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) upon the occurrence and during the continuance of an Event of Default, to ask, demand, collect, xxx sue for, recover, compound, receive receive, and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(c) upon the occurrence and during the continuance of an Event of Default, to receive, endorse endorse, and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment dividend or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and
(d) upon the occurrence and during the continuance of an Event of Default, to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 1 contract
Samples: Credit Agreement (Trammell Crow Co)
Secured Party Appointed Attorney-in-Fact. Each Pledgor Debtor hereby irrevocably appoints Secured Party as such Pledgor's attorney-in-factfact of Debtor, with full authority in the place and stead of such Pledgor Debtor and in the name of such PledgorDebtor, Secured Party or otherwise, from time to time in on Secured Party's discretion and upon the occurrence of an Event of Default, to take any action and to execute any instrument that which Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitation:
: (a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
; (cb) to receive, endorse endorse, and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment drafts or other distribution instruments, documents and chattel paper, in respect connection with clause (a) of the Pledged Collateral or any part thereof and to give full discharge for the samethis Section; and
(dc) to file any claims or take any action or institute any proceedings that proceeding which Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to against any of the Pledged Collateral; and (d) to assign and transfer the Collateral, or any part thereof, absolutely and to execute and deliver endorsements, assignments, conveyances, bills of sale and other instruments with power to substitute one or more persons or corporation with like power.
Appears in 1 contract
Samples: Assignment and Security Agreement (Prime Medical Services Inc /Tx/)
Secured Party Appointed Attorney-in-Fact. Each Pledgor hereby irrevocably appoints the Secured Party, acting for and on behalf of itself and the Beneficiaries, and each successor or assign of the Secured Party and the Beneficiaries, as such Pledgor's attorney-in-fact, with full authority in after the place occurrence and stead during the continuance of an Event of Default to act for such Pledgor and in the name of such Pledgor, Secured Party or otherwiseand, from time to time in the Secured Party's discretion discretion, subject to such Pledgor's revocable rights specified in Section 2(d), to take any action and to execute any instrument that which the Secured Party may deem necessary or advisable to accomplish the purposes of this Pledge Agreement, including including, without limitation:
(a) , to file one or more financing or continuation statementsreceive, or amendments theretoindorse, relative and collect all instruments made payable to all or any part the Pledgor representing the proceeds of the Pledged Collateral without the signature of such Pledgor;
(b) to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any sale of the Pledged Collateral;
(c) to receive, endorse and collect or any instruments made payable to such Pledgor representing any dividend, principal or interest payment or other distribution Distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and
(d) to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral. EACH PLEDGOR HEREBY ACKNOWLEDGES, CONSENTS AND AGREES THAT THE POWER OF ATTORNEY GRANTED PURSUANT TO THIS SECTION IS IRREVOCABLE AND COUPLED WITH AN INTEREST.
Appears in 1 contract
Samples: Pledge Agreement (Cinedigm Corp.)
Secured Party Appointed Attorney-in-Fact. Each Pledgor Grantor hereby irrevocably appoints Secured Party as such PledgorGrantor's attorney-in-fact, with full authority in the place and stead of such Pledgor Grantor and in the name of such PledgorGrantor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Security Agreement, including without limitation:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such PledgorGrantor;
(b) to ask, demand, collect, xxx sue for, recover, compound, receive receive, and give acquittance and receipts for moneys due and xxd to become due under or in respect of any of the Pledged Collateral;
(c) to receive, endorse and collect any instruments made payable to such Pledgor Grantor representing any dividend, principal or interest payment or other distribution in respect of the Pledged Collateral Shares or any part thereof and to give full discharge for the same; and
(d) to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 1 contract
Secured Party Appointed Attorney-in-Fact. Each Pledgor Grantor hereby irrevocably appoints the Secured Party as such Pledgor's Grantor’s attorney-in-fact, with full authority in the place and stead of such Pledgor Grantor and in the name of such Pledgor, Secured Party Grantor or otherwise, from time to time in the Secured Party's discretion ’s discretion, following the occurrence and continuation of an Event of Default, to take any action and to execute any instrument that which the Secured Party may deem necessary or advisable to accomplish the purposes of this Security Agreement, including without limitation:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) including: to ask, demand, collect, xxx for, recover, compoundcompromise, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(c) ; to receive, endorse endorse, and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment drafts or other distribution Instruments, Documents and Chattel Paper, in respect of the Pledged Collateral or any part thereof and to give full discharge for the sameconnection with clause (a) above; and
(d) to file any claims or take any action or institute any proceedings that which the Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of the Secured Party with respect to any of the Pledged Collateral; and to perform the affirmative obligations of such Grantor hereunder (including all obligations of such Grantor pursuant to Section 4.1.7 hereof). Such Grantor hereby acknowledges, consents and agrees that the power of attorney granted pursuant to this Section is irrevocable until the Obligations are satisfied and coupled with an interest.
Appears in 1 contract
Secured Party Appointed Attorney-in-Fact. Each Pledgor hereby ---------------------------------------- irrevocably appoints Secured Party as such Pledgor's attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitation:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(c) to receive, endorse and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and
(d) to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 1 contract
Secured Party Appointed Attorney-in-Fact. Each Pledgor hereby irrevocably appoints Secured Party as such Pledgor's attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including including, without limitation:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(c) to receive, endorse and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment or other distribution in respect of the Pledged Collateral or any part thereof and to give full discharge for the same; and
(d) to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral. Notwithstanding anything to the contrary in this Section 8, Secured Party's authority as Pledgor's attorney-in-fact under subsections (b), (c) and (d) above shall be exercisable only after the occurrence and during the continuance of an Event of Default.
Appears in 1 contract
Samples: Credit Agreement (Arterial Vascular Engineering Inc)
Secured Party Appointed Attorney-in-Fact. Each Pledgor LASIK hereby irrevocably appoints Secured Party as such Pledgor's attorney-in-factfact of LASIK, with full authority in the place and stead of such Pledgor LASIK and in the name of such PledgorLASIK, Secured Party or otherwise, from time to time in on Secured Party's discretion and upon the occurrence of an Event of Default, to take any action and to execute any instrument that which Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitation:
: (a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
; (cb) to receive, endorse endorse, and collect any instruments made payable to such Pledgor representing any dividend, principal or interest payment drafts or other distribution instruments, documents and chattel paper, in respect connection with clause (a) of the Pledged Collateral or any part thereof and to give full discharge for the samethis Section 8.2; and
(dc) to file any claims or take any action or institute any proceedings that proceeding which Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to against any of the Pledged Collateral; and (d) to assign and transfer the Collateral, or any part thereof, absolutely and to execute and deliver endorsements, assignments, conveyances, bills of sale and other instruments with power to substitute one or more persons or corporation with like power.
Appears in 1 contract
Samples: Assignment and Security Agreement (Prime Medical Services Inc /Tx/)
Secured Party Appointed Attorney-in-Fact. Each Pledgor Grantor hereby irrevocably appoints the Secured Party Party, effective upon the occurrence and during the continuance of any Event of Default, as such PledgorGrantor's attorney-in-fact, with full authority in the place and stead of such Pledgor Grantor and in the name of such PledgorGrantor, the Secured Party or otherwise, from time to time in the Secured Party's discretion discretion, to take any action and to execute any instrument that which the Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including including, without limitation:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of such Pledgor;
(b) to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(b) to receive, indorse and collect any drafts or other instruments, documents and chattel paper in connection with clause (a) above; EXHIBIT A - Solo Page
(c) to receive, endorse open and collect any instruments made payable dispose of all mail addressed to such Pledgor representing Grantor and to notify the United States Post Office authorities to change the address for delivery of all mail addressed to such Grantor to such address as the Secured Party may designate;
(d) to execute in connection with any dividendsale of the Collateral pursuant to Section 16 hereof, principal or interest payment any endorsements, assignments, bills of sale or other distribution in instruments of conveyance or transfer with respect of to the Pledged Collateral or any part thereof and to give full discharge for the sameCollateral; and
(de) to file any claims or take any action or institute any proceedings that which the Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of the Secured Party with respect to any of the Pledged CollateralParty.
Appears in 1 contract